Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we read from Psalm 28 (The New English Bible rendering) (v. 1):
"To Thee, O Lord, I call:
O my Rock, be not deaf to my cry,
Lest, if Thou answer me with silence,
I become like those who go down to the abyss."
Let us pray.
God of our fathers, as we return from our synagogues and churches, we thank you for a celebration of the Passover and the Resurrection - the ultimate victory of Life over Death.
Give us an uplift for our tasks today... and let us rejoice with reverent confidence... because we believe that You will lead us again in paths of light... and right.
We thank You, O Lord, for causes that are bigger than ourselves.
We are earthen vessels... with limited powers. But we believe that, by Your grace, we bear in our hearts the priceless treasure of a faith in a transcendent God... who says... "Lo I am with you".
So, whether our positions win or lose, today, may we bear with honor the scars of fidelity.
Amen.
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. Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
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.
April 16, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1996:
6th Congressional District-F:
Mr. Tony D. Hendrick, Post Office Box 417, Conway, South Carolina 29526
Referred to the Committee on Labor, Commerce and Industry.
April 17, 1992
Mr. President and Members of the Senate:
Due to the resignation of the nominee, I respectfully request the withdrawal from your consideration the appointment below:
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1998:
At-Large:
Mr. James S. Konduros, Post Office Box 11390, Columbia, South Carolina 29211
Referred to the Committee on Education.
The following was received and referred to the appropriate committee for consideration:
Document No. 1483
Promulgated By Budget and Control Board
The South Carolina Modular Building Construction Act
Received By Lt. Governor April 20, 1992
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date August 18, 1992
The following was received:
Document No. 1445
Promulgated By State Law Enforcement Division
Detective and Security Agencies
Received By Lt. Governor January 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 23, 1992
Withdrawn and resubmitted April 20, 1992
H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Education and referred to the Lexington County Delegation.
There was no objection.
The following were introduced:
S. 1486 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. CRAIG MUSICK, OF AIKEN, AS HE LEAVES HIS POSITION ON THE AIKEN TECHNICAL EDUCATION COMMISSION AND TO THANK HIM FOR HIS YEARS OF SERVICE ON THE COMMISSION.
The Senate Resolution was adopted.
S. 1487 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. BERT RUBANO, OF AIKEN, AS HE LEAVES HIS POSITION ON THE AIKEN TECHNICAL EDUCATION COMMISSION AND TO THANK HIM FOR HIS YEARS OF SERVICE ON THE COMMISSION.
The Senate Resolution was adopted.
S. 1488 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. WILLIAM E. HARRIS, OF NORTH AUGUSTA, AS HE LEAVES HIS POSITION ON THE AIKEN TECHNICAL EDUCATION COMMISSION AND TO THANK HIM FOR HIS YEARS OF SERVICE TO THE COMMISSION.
The Senate Resolution was adopted.
S. 1489 -- Senators Passailaigue, Macaulay, McConnell, Fielding, Martschink, Mullinax, O'Dell, Washington and Carmichael, Bryan, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Martin, Matthews, McGill, Mitchell, Moore, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLONEL WILLIAM RHETT RISHER OF CHARLESTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1490 -- Senator Setzler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.
Read the first time and referred to the Committee on Education.
S. 1491 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.
Read the first time and referred to the Committee on Transportation.
S. 1492 -- Senators Lourie and Giese: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 350, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.
Read the first time and referred to the Committee on Transportation.
S. 1493 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, 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.
H. 4772 -- Reps. R. Young, A. Young and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE R. B. STALL HIGH SCHOOL IN CHARLESTON FOR WINNING THE STATE NATIONAL BICENTENNIAL COMPETITION SPONSORED BY THE SOUTH CAROLINA BAR LAW RELATED EDUCATION COMMITTEE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4773 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MR. NICHOLAS P. "NICK" ANAGNOST, STATE DIRECTOR OF THE FARMER'S HOME ADMINISTRATION, UPON RECEIVING THE ADMINISTRATOR'S AWARD FOR SUSTAINED PERFORMANCE IN DELIVERING, PROCESSING, AND SERVICING COMMUNITY AND BUSINESS IN THIS STATE DURING FISCAL YEAR 1991 PRESENTED TO HIM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, FARMER'S HOME ADMINISTRATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4537 -- Reps. McAbee, Kinon and McGinnis: A BILL TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".
Read the first time and referred to the Committee on Finance.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
H. 4717 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MAY 6, 1992.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
H. 4745 -- Reps. Cobb-Hunter, Haskins, Glover, Bennett, Kennedy, Inabinett, Byrd, Taylor, Council, Shissias, Kirsh, Wells, Canty, Beatty, K. Burch and Felder: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1992, "WORKERS MEMORIAL DAY".
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
H. 4718 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1992, FOR ITS ANNUAL STATE HOUSE MEETING.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from Association of Citadel Men to attend a barbecue at the Cantey Building on Wednesday, April 22, 1992, beginning at 6:30 P.M.
The invitation was accepted.
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
The House returned the Bill with amendments.
On motion of Senator ROSE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4712 -- Reps. Ross and T.C. Alexander: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISIONS FOR THE PAYMENT OF BONDS.
(By prior motion of Senator MACAULAY)
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.
H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
H. 4637 -- Rep. Tucker: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
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.
The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1485 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
(By prior motion of Senator REESE)
S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.
(By prior motion of Senator J. VERNE SMITH, with unanimous consent)
The following Bills having been read the second time were passed and ordered to a third reading:
H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.
Senator LAND explained the Bill.
S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (DKA\3836.AL) was adopted as follows:
Amend the bill, as and if amended, Section 12-49-300, SECTION 1, page 1, line 30, by striking /ten/ and inserting /ten twenty/.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 1301 -- Senator Williams: 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.
S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.
S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.
Senator LEVENTIS explained the Joint Resolution.
H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The amendment proposed by the Committee on Fish, Game and Forestry Committee (N05\8325.BD) was adopted as follows:
Amend the bill, as and if amended, Section 50-11-120, SECTION 1, before /Thanksgiving/ by inserting /the day before/ on page 1, line 32; page 2, lines 2, 6, 20, 24, and 40; page 3, lines 2, 17, 21, 36, and 40; page 4, lines 20, 38, and 42; page 5, lines 14 and 18; and page 6, lines 4, 8, 26, and 30.
Amend further, Section 50-11-120, SECTION 1, page 4, line 16, by striking /Monday/ and inserting /Monday Sunday/.
Amend further, Section 50-11-120, SECTION 1, page 1, line 38; page 2, lines 12 and 32; page 3, lines 9 and 28; page 4, line 25; page 5, lines 6, 24, and 27; and page 6, lines 13 and 36, by striking /from/ and inserting /from/ so that when amended the section reads:
/Section 50-11-120. (A) Except as specified below, in this section the season for hunting small game is Thanksgiving Day through March first; provided that. However, there is no open season on grouse except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: September fifteenth October first through January thirty- March first with weapons and dogs.;
(c) fox: year round but no weapons may be used from January second to through August fifteenth.;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(2) Game Zone 2:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: October first through February fifteenth March first with weapons and dogs.;
(c) fox: year round but no weapons may be used from January second to through August fifteenth.;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(3) Game Zone 3:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: Thanksgiving Day October first through February fifteenth; between September fifteenth and Thanksgiving Day squirrels may be hunted without dogs March first with weapons and dogs.;
(c) fox: year round but no weapons may be used from January second to through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(4) Game Zone 4:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: October first through Thanksgiving Day with weapons and without dogs and Thanksgiving Day through February fifteenth March first with dogs and weapons.;
(c) fox: year round but no weapons may be used from February fifteenth to through August fifteenth.;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(5) Game Zone 5:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: September fifteenth to Thanksgiving Day without dogs and Thanksgiving Day October first through March first with weapons and dogs.;
(c) fox: year round but no weapons may be used from January second to through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(6) Game Zone 6:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: October fifteenth to Thanksgiving Day without dogs; Thanksgiving Day first through March first with dogs and weapons.;
(c) fox: August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone No. 6 between March fifteenth and August fifteenth. However, there is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;
(e) quail: Monday before Thanksgiving Day to through the first Saturday in March with weapons; October first to through the Monday Sunday before Thanksgiving Day without weapons.;
(7) Game Zone 7:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: October first through March first with dogs and weapons.;
(c) fox: year round but no weapons may be used from January second through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;
(e) mink: September fifteenth through March first.;
(f) muskrat: September fifteenth through March first.;
(g) otter: September fifteenth through March first.;
(h) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(8) Game Zone 8:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: September fifteenth to Thanksgiving Day without dogs; Thanksgiving Day October first through February fifteenth March first with weapons and dogs.;
(c) fox: year round but no weapons may be used from January second to through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;
(e) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(9) Game Zone 9:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: without dogs from September fifteenth to Thanksgiving Day; Thanksgiving Day October first through March first with weapons and dogs.;
(c) quail: from Thanksgiving Day through the first Saturday in March.;
(d) fox: year round without weapons; with weapons from September first through January first.;
(e) raccoon and opossum: September fifteenth through October fourteenth, and from; March second through March fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that period time between official sunset one day and official sunrise the following day.;
(f) mink: November first through March first.;
(g) muskrat: November first through March first.;
(h) otter: November first through March first.;
(i) skunk: November first through March first.;
(j) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(10) Game Zone 10:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: October first through March first with weapons and dogs.;
(c) fox: year round but without weapons from January second to through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons, and with dogs only.;
(e) mink: September fifteenth through March first.;
(f) muskrat: September fifteenth through March first.;
(g) otter: September fifteenth through March first.;
(h) quail: October first to through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;
(11) Game Zone 11:
(a) rabbit: September first to through the day before Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;
(b) squirrel: September October first to Thanksgiving Day without dogs; Thanksgiving Day through March first with weapons and dogs.;
(c) fox: year round but without weapons from January second to through August fifteenth.;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only. Hunting of raccoon in Game Zone 11 must be at night.;
(e) quail: Monday before Thanksgiving Day through March first with weapons; October first to through the Monday Sunday before Thanksgiving Day without weapons.;
(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.
(C) All of The above season dates in this section are to be inclusive, except as otherwise provided. It is unlawful to hunt any a game animal except during the seasons provided and as specified above in this section. Unless otherwise specified above during a small game season when weapons are allowed, dogs also may be used."/
Amend title to conform.
Senator HOLLAND explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HOLLAND, with unanimous consent, H. 3433 was ordered to receive a third reading on Wednesday, April 22, 1992.
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC\6505.HC) was adopted as follows:
Amend the bill, as and if amended, by adding two appropriately numbered sections to read:
/SECTION ___. The second paragraph of Section 9-9-40(3) is amended to read:
"Notwithstanding any other provision of law, if If a member of any a correlated system ceases to occupy a position covered under the system and if, within the protective period and under such the conditions as are set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of such the employment, and his membership in the first system shall be is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system shall be is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount thereof, under the other system. Any A benefit under any one of the correlated systems shall must be computed solely on the basis of service and contributions credited under that system, and shall be is payable at such the times and subject to such the age and service conditions as are set forth;. provided, however, a A member shall is not be eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers' Retirement System unless he elects to receive benefits."
SECTION ___. Section 9-9-60(1) of the 1976 Code is amended to read:
"Section 9-9-60. (1) Any A member of the system may retire upon written application to the board setting forth at what time, not more than ninety days prior before nor more than six months subsequent to the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his retirement shall is no longer be in the service of the State, whether as a member of the General Assembly or otherwise, and shall have has either attained the age of sixty years or completed thirty years of credited service."/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Senator ROSE asked unanimous consent to make a motion that he be granted leave to offer a further amendment on third reading.
There was no objection.
On motion of Senator McCONNELL, the Bill was carried over.
S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
On motion of Senator LAND, the Bill was carried over.
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
On motion of Senator MARTSCHINK, the Bill was carried over.
S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE PROHIBITION ON INCREASING AN INSURED'S REINSURANCE FACILITY RECOUPMENT CHARGE IF HE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, SO AS TO PROVIDE ADDITIONALLY THAT THE RECOUPMENT CHARGE MAY NOT BE INCREASED UNLESS THE INSURED IS GUILTY OF A MOVING TRAFFIC VIOLATION WHICH MANDATES THE ASSESSMENT OF POINTS.
On motion of Senator SHEALY, the Bill was carried over.
S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD1351.001):
Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1540. The court may consider and give such weight as it finds appropriate any one or more of the following factors as constituting a substantial change of circumstances which may justify a change of custody:
(1) intentional withholding of visitation of a child from the other parent without just cause;
(2) abuse or neglect by the custodial parent;
(3) criminal conviction or incarceration of the custodial parent;
(4) remarriage of either parent;
(5) abuse of drugs or alcohol by the custodial parent;
(6) change in age, maturity, or unique needs of the child;
(7) a disabling condition of the custodial parent which severely impairs the parent's ability to attend to the child's basic needs;
(8) relocation of residence by the custodial parent of significant distance; and
(9) any other circumstances which affect the best interests and welfare of the minor child."/
Amend title to conform.
Senator COURTNEY explained the amendment.
The Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator SHEALY moved to recommit the Bill to the Committee on Finance.
Senator LOURIE explained the Bill.
Senator WILLIAMS spoke on the motion.
Senator LOURIE moved to table the motion to recommit the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Hinson Holland
Leatherman Leventis Lourie
Macaulay Martin McConnell
McGill Mullinax O'Dell
Passailaigue Patterson Peeler
Reese Rose Russell
Setzler Stilwell Thomas
Wilson
Carmichael Fielding Gilbert
Martschink Matthews Moore
Pope Saleeby Shealy
Smith, N.W. Washington Williams
The motion to recommit was laid on the table.
Senator LEVENTIS spoke on the Bill.
Senator MOORE made a Parliamentary Inquiry as to whether Senator LEVENTIS was arguing in favor of or in opposition to the Bill.
Senator LEVENTIS continued speaking on the Bill.
At 1:45 P.M., Senator LOURIE moved under Rule 15A to set a time certain of 12:00 Noon on Wednesday, April 22, 1992, to vote on the entire matter of S. 249.
Senator MACAULAY raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not have the floor.
The PRESIDENT overruled the Point of Order and stated that Rule 15A allows for any member to make the motion at any time.
Senator PASSAILAIGUE asked unanimous consent to make a motion that he be granted leave to offer further amendments to the Bill in the event that the motion under Rule 15A was adopted.
Senator WILLIAMS objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Giese Hinds Holland
Leatherman Lourie Martin
McGill Moore Mullinax
O'Dell Patterson Peeler
Pope Stilwell Williams
Carmichael Cork Courson
Fielding Gilbert Hayes, R.W.
Hinson Land Leventis
Macaulay Martschink Matthews
McConnell Passailaigue Reese
Rose Saleeby Setzler
Shealy Smith, N.W. Thomas
Washington Wilson
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator LEVENTIS spoke on the Bill.
Senator LOURIE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.
Senator LAND objected.
Senator LOURIE moved under Rule 3b to send for the absentee members.
Senator LEVENTIS moved to table the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Courson
Fielding Hinson Holland
Land Leventis Macaulay
Martin Martschink Matthews
McConnell McGill Passailaigue
Pope Rose Saleeby
Shealy Smith, N.W. Thomas
Washington Williams
Bryan Courtney Drummond
Giese Hayes, R.W. Hinds
Lourie Moore Mullinax
O'Dell Peeler Reese
Stilwell
The motion to invoke Rule 3b was laid on the table.
Senator LEVENTIS continued speaking on the Bill.
Senator WILLIAMS asked unanimous consent, with Senator LEVENTIS retaining the floor, to make a motion that the Senate stand adjourned.
Senator MOORE objected.
Senator LEVENTIS spoke on the Bill.
Senator WILLIAMS was recognized.
On motion of Senator WILLIAMS, debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senator MARTSCHINK, with unanimous consent, the Senate stood adjourned out of respect to the memory of Colonel William R. Risher, husband of Sylvia Risher, former Clerk of the House of Representatives.
At 2:03 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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