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, in ancient days questions were asked that are still asked today. Hear Psalm 11 (vv3-4):
"When the foundations are being destroyed,
What can the righteous do?
The Lord is in His holy temple;
The Lord is on His heavenly throne."
Let us pray.
Eternal Lord, our God, to Your MIND the past, the present, and the future meet in the eternal present.
We are creatures of flesh and blood... of time and space... yet we make bold to come into Your holy presence.
We thank You for the message of the psalmist, who, too, was worried about the foundations of our human society. They asked... and we ask... "What can the righteous do?"
The psalmist answered... with hardly a moment's reflection: "The Lord is in His holy temple... The Lord is on the throne".
The deduction, then, is for us to get our house in order... and to behave like citizens of the Kingdom of God!
So, dear Lord, from the cradle to the grave... from the womb to the tomb... make us, and keep us... Your children!
Amen.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McGILL introduced Dr. Michael Holmes of Kingstree, South Carolina, Doctor of the Day.
Senator MITCHELL rose to a Point of Privilege.
Columbia, S.C., May 13, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has refused the invitation to ratify S. 371:
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 11:22 A.M., Senator SETZLER 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 11:30 A.M.
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 1546 -- Senators Fielding, Passailaigue, Martschink, McConnell and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE DOROTHY BRYAN O'NEILL OF CHARLESTON COUNTY FOR HER OUTSTANDING CONTRIBUTION AS A "PROFESSIONAL MOTHER", SETTING A FINE EXAMPLE FOR HER CHILDREN.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1547 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 27, 1992, to elect a successor to The Honorable Thomas W. Cooper, Jr., Circuit Judge of the Third Judicial Circuit whose term expires June 30, 1992; to elect a successor to The Honorable William B. Traxler, Jr., Circuit Judge from the Thirteenth Judicial Circuit whose term expires June 30, 1992; to elect judges of the family court from the Fourth Judicial Circuit, Seat 2, Twelfth Judicial Circuit, Seat 1, and Sixteenth Judicial Circuit, Seat 2, whose terms expire June 30, 1995; and to elect judges of the family court from the Ninth Judicial Circuit, Seat 1, Ninth Judicial Circuit, Seat 3, Tenth Judicial Circuit, Seat 2, Eleventh Judicial Circuit, Seat 1, Twelfth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 4, Fourteenth Judicial Circuit, Seat 2, Fifteenth Judicial Circuit, Seat 2, and Sixteenth Judicial Circuit, Seat 1, whose terms expire June 30, 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1548 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11 OF TITLE 10, SO AS TO PROVIDE FOR THE REGULATION OF ENTRY ONTO PUBLIC GROUNDS AND THE REGULATION OF RELIGIOUS EXPRESSION AND SPEECH ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, AND POLITICAL SUBDIVISIONS OF THE STATE.
Read the first time and referred to the Committee on Judiciary.
S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1550 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE NORMA AND BOB LOVE FOR RECEIVING THE SKIPPY RIZER HOMEMAKER OF THE YEAR AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1551 -- Senators Macaulay, Mullinax and O'Dell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE J. ED HORTON, SR., MAGISTRATE, ANDERSON COUNTY, BELTON DISTRICT 2, AREA 1, FOR HIS MANY YEARS OF DEDICATED SERVICE AND EXTENDING HIM BEST WISHES IN HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1552 -- Senator Hinson: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HINSON, S. 1552 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1553 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES R. BLASSINGAME OF ORANGEBURG ON HIS RETIREMENT FROM THIRTY-FIVE YEARS OF DEDICATED SERVICE AS AN EDUCATOR AND AN ADMINISTRATOR IN SOUTH CAROLINA PUBLIC SCHOOLS, COLLEGES, AND UNIVERSITIES AND TO WISH HIM WELL.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4839 -- Reps. Cobb-Hunter, Byrd, Smith, J. Brown, Shissias, Taylor, Waites, Harrison, Riser, Wright, Council, Keegan, Stoddard, Canty, Harrelson, Rhoad and D. Elliott: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FRANK L. CULBERTSON, SR. OF HOLLY HILL, SOUTH CAROLINA, FOR BEING SELECTED THE EDISTO HEALTH DISTRICT "VOLUNTEER PHYSICIAN OF THE YEAR".
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4840 -- Rep. Snow: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT LINWOOD ALTMAN FOR HIS TRULY DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM GEORGETOWN COUNTY AND FOR MANY YEARS OF PUBLIC SERVICE IN OTHER CAPACITIES UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4841 -- Rep. L. Elliott: A CONCURRENT RESOLUTION TO COMMEND MARIAN LACROSS WILLIAMS JONES FOR HER SERVICE TO THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN HOME HEALTH SERVICES, OFFICE OF ECONOMIC DEVELOPMENT, AND MARION COUNTY VOTER REGISTRATION, SINCE DECEMBER, 1972.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
Read the first time and referred to the Committee on Judiciary.
H. 4532 -- Reps. Wofford, H. Brown, D. Williams and J. Williams: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT A COUNTY MAY CONDUCT THE SALE AT A LOCATION OTHER THAN THE COURTHOUSE.
Senator LEATHERMAN raised a Point of Order under Rule 49 that the Bill would require a two-thirds vote to be received by the Senate after May first.
Senator HELMLY, with unanimous consent, was granted leave to explain the Bill.
Senator HELMLY asked unanimous consent to make a motion that the provisions of Rule 49 be waived on H. 4532.
There was no objection.
Read the first time and referred to the Committee on Judiciary.
H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
Read the first time and referred to the Committee on Judiciary.
H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.
Read the first time and referred to the General Committee.
S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
The House returned the Bill with amendments. The question being the consideration of a Senate amendment to the House amendments.
Senators DRUMMOND, MATTHEWS, PATTERSON, FIELDING, GILBERT and MITCHELL proposed the following amendment (RES452.03), which was withdrawn:
Amend the bill, as and if amended, page 3, by striking lines 11 through 42, and inserting the following:
/SECTION . Section 41-43-90(E) of the 1976 Code is amended to read:
/"(E) Acquire by purchase, donation, exchange, or otherwise, hold, improve, mortgage, pledge or otherwise encumber, manage, lease, convey, transfer, or dispose of any real or personal property, whether tangible or intangible, together with such rights and privileges as may be incidental and appurtenant thereto. To the extent that administrative funds are involved, the authority must comply with the provisions of the South Carolina Consolidated Procurement Code. To the extent that the liability of the authority is limited to program funds, any such acquisition or disposition may be pursuant to public or private sale upon such terms and conditions as the authority may approve in accordance with prudent business practices.
Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions./
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, the amendment was withdrawn.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
The House returned the Bill with amendments.
Senator ROBERT W. HAYES, JR. explained the House amendments.
On motion of Senator ROBERT W. HAYES, JR., the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1538 -- Senators Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO COMMEND DR. HAROLD W. MOODY OF SPARTANBURG FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND AS CHAIRMAN OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE UPON HIS RETIREMENT FROM THE COMMISSION.
Returned with concurrence.
Received as information.
S. 1543 -- Senator McGill: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE TONEY GRAHAM, SR., OF WILLIAMSBURG COUNTY.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R414) S. 1223 -- Senators Giese and Hinson: AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO INCLUDE WITHIN THE EXEMPTION PREPARED FOOD.
(R415) S. 1347 -- Senator O'Dell: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
(R416) S. 1365 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.
(R417) S. 1097 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 11 OF TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONSOLIDATE INTO THE ARTICLE EXISTING STATUTES RELATING TO THE STATE HEALTH INSURANCE PLANS FOR EMPLOYEES AND RETIREES, TO MAKE PERMANENT VARIOUS TEMPORARY PROVISIONS REENACTED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT CERTAIN ALCOHOL AND DRUG ABUSE PLANNING AGENCIES AND SPECIAL PURPOSE DISTRICTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH INSURANCE PLANS, AND TO ALLOW EMPLOYEES OF A STATE-COVERED ENTITY UNDER A STATE RETIREMENT SYSTEM WITH TWENTY YEARS' SERVICE CREDIT WHO TERMINATE BEFORE RETIREMENT ELIGIBILITY TO PARTICIPATE IN THE PLANS; TO AMEND SECTIONS 6-7-190 AND 58-25-80, RELATING TO COUNCILS OF GOVERNMENTS AND REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO DELETE REFERENCES MADE OBSOLETE BY THE ARTICLE ADDED BY THIS ACT AND TO EXTEND THE SAME REQUIREMENTS APPLICABLE TO COUNTIES PARTICIPATING IN THE PLANS TO THE OTHER NONSTATE AND NONSCHOOL DISTRICT ENTITIES AUTHORIZED TO PARTICIPATE IN THE PLANS; AND TO REPEAL SECTIONS 1-11-142, 1-11-144, 1-11-440, 8-11-81, 8-11-82, AND 8-11-84 AND ACT 124 OF 1989 ALL RELATING TO THE STATE HEALTH INSURANCE PLANS.
(R418) S. 1440 -- Senator Holland: AN ACT 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.
(R419) S. 1396 -- Senator Pope: AN ACT TO REPEAL ACT 343 OF 1971, AS AMENDED, RELATING TO THE CREATION, MEMBERSHIP, POWERS AND DUTIES, AND OPERATIONS OF THE UNION RECREATION DISTRICT IN UNION COUNTY.
(R420) S. 1212 -- Senator Bryan: AN ACT TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
(R421) S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, AS AMENDED, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, AND 44-23-1070 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
(R422) S. 1321 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
(R423) S. 371 -- Senator Setzler: AN ACT TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER MAY NOT EXCEED THE AMOUNT DUE THEM EXCEPT UNDER CERTAIN CONDITIONS, TO PROVIDE THAT IN NO EVENT SHALL THE TOTAL AGGREGATE AMOUNT OF LIENS EXCEED THE AMOUNT DUE BY THE OWNER, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY A CONTRACTOR IS INSUFFICIENT TO PAY ALL THE LIENORS OF THAT SUBCONTRACTOR, ALL JUST LIENS MUST BE PRORATED BY THE CONTRACTOR AMONG THE SUB-SUBCONTRACTORS AND SUPPLIERS TO THAT SUBCONTRACTOR; AND TO AMEND THE 1976 CODE BY ADDING SECTION 29-5-23 SO AS TO PROVIDE THAT ANY PERSON ENTERING INTO AN AGREEMENT WITH AN OWNER FOR THE IMPROVEMENT OF REAL PROPERTY MUST FILE A NOTICE OF PROJECT COMMENCEMENT, TO PROVIDE FOR THE CONTENTS OF THIS NOTICE OF PROJECT COMMENCEMENT, AND TO PROVIDE THAT FAILURE TO FILE SUCH A NOTICE SHALL RENDER CERTAIN OF THE ABOVE PROVISIONS INAPPLICABLE.
(R424) S. 1204 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF STATE LAW PERTAINING TO COSMETOLOGISTS, RELATED REGULATIONS, OR AN ORDER OF THE BOARD IN LIEU OF LICENSE SUSPENSION OR REVOCATION; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
(R425) S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R426) S. 899 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
(R427) S. 1500 -- Senator Helmly: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT.
(R428) S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
(R429) 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.
(R430) H. 4580 -- Rep. Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL COLLEGE TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF; AND TO AMEND SECTION 59-103-50, RELATING TO THE ADVISORY COUNCIL OF PRIVATE COLLEGE PRESIDENTS, SO AS TO REDUCE THE TERMS OF MEMBERS.
(R431) H. 3777 -- Rep. Cromer: AN ACT TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, DEFINE TERMS, REVISE REQUIREMENTS FOR A PEN OR RUN AREA AND FOR THE RESTRAINT OF A DANGEROUS ANIMAL, PROVIDE AN EXCEPTION TO THE PROHIBITION AGAINST POSSESSING A DANGEROUS ANIMAL FOR SALE, BREEDING, OR PURCHASE, REVISE PENALTIES, REQUIRE REGISTRATION AND TAGGING OF A DANGEROUS ANIMAL AND LIABILITY INSURANCE, AND PROVIDE FOR THIS CHAPTER NOT TO ABROGATE CIVIL PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN ARTICLE 13.
(R432) H. 4262 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF THE APPLICABLE PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY AND TO PROVIDE THAT ONLY OWNER-OCCUPIED REHABILITATED PROPERTY QUALIFIES FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY, AND TO PROVIDE DEFINITIONS.
(R433) H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
(R434) H. 4038 -- Rep. Rhoad: AN ACT TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-EHRHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE TRUSTEES BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THE COMPOSITION OF THESE DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
(R435) H. 3632 -- Rep. Hodges: AN ACT TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO PROVIDE THAT A CORPORATION SUBJECT TO THE REGISTRATION REQUIREMENTS OF THE SECURITIES EXCHANGE ACT OF 1934 MAY ISSUE SHARES FOR A CONTRACT FOR FUTURE SERVICES WITHOUT HAVING TO PLACE THE SHARES AND SHARE DIVIDENDS AND DISTRIBUTIONS IN RESPECT OF THE SHARES IN ESCROW AND WITHOUT HAVING TO CREDIT DISTRIBUTIONS AGAINST THEIR PURCHASE PRICE IF THE SHARES ARE ISSUED OR AUTHORIZED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
(R436) H. 4505 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT OCCUPATIONAL SAFETY AND HEALTH STANDARDS PROMULGATED BY THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT AND PROVIDE FOR NOTICE AFTER PROMULGATION IN THE STATE REGISTER AND REBUTTABLE PRESUMPTIONS REGARDING PUBLICATION OF NOTICE.
(R437) H. 4280 -- Rep. Snow: AN ACT TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
(R438) H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R439) H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R440) H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.
(R441) H. 4120 -- Rep. Haskins: AN ACT TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.
(R442) H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.
(R443) H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.
(R444) H. 3433 -- Rep. Koon: AN ACT TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO CLARIFY AND REVISE THE LENGTH OF THE SEASONS AND PROVIDE FOR SQUIRRELS TO BE HUNTED WITH WEAPONS AND DOGS; AND TO AMEND SECTION 50-11-150, RELATING TO SMALL GAME BAG LIMITS, SO AS TO CHANGE THE LIMITS FOR SQUIRREL TO TEN A DAY.
(R445) H. 4405 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
(R446) H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
(R447) H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: AN ACT TO PROVIDE THAT WHEREVER FEES ARE CHARGED IN THIS STATE FOR ANY ROOMS, LODGINGS, OR ACCOMMODATIONS FURNISHED TO TRANSIENTS BY ANY HOTEL OR MOTEL, THE ROOMS, LODGINGS, OR ACCOMMODATIONS SO FURNISHED MUST BE EQUIPPED WITH CERTAIN SECURITY DEVICES; TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO TOURIST CAMPS OR CAMPGROUNDS OR TO RESIDENCES OF ANY NATURE; TO MAKE THE FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ACT A MISDEMEANOR AND PROVIDE PENALTIES; TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION; AND TO PROVIDE THAT THE REQUIREMENTS OF THIS ACT APPLY TO ANY HOTEL OR MOTEL HAVING TWENTY OR MORE ROOMS, LODGINGS, OR ACCOMMODATIONS FURNISHED TO TRANSIENTS FOR A FEE.
(R448) H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: AN ACT TO AMEND SECTION 44-53-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION REGARDING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS FOR UNIFORM PROCEDURES TO DISPOSE OF CONTROLLED SUBSTANCES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-485 SO AS TO PROVIDE FOR SEIZED CONTROLLED SUBSTANCES TO BE HANDLED PURSUANT TO DIVISION REGULATIONS, THE CIRCUMSTANCES UNDER WHICH THE SUBSTANCES MAY BE ORDERED DESTROYED OR LAWFULLY DISPOSED OF, WHEN PHOTOGRAPHS OR VIDEOTAPES OF THE SUBSTANCES MAY BE USED AT TRIAL, AND ADMISSIBILITY OF EVIDENCE PRESENTED AT THE ORIGINAL PROCEEDINGS.
(R449) H. 4282 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
(R450) H. 4283 -- Rep. Snow: AN ACT TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.
(R451) H. 4710 -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON MARCH 31, 1992, AND APRIL 1, 1992, BY THE STUDENTS OF THE TRAVELERS REST ELEMENTARY SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT BECAUSE OF THE CONDEMNATION OF THE SCHOOL BUILDING ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R452) H. 4266 -- Reps. Harvin and D. Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
The following Joint Resolution having been read the second time was passed and ordered to a third reading:
S. 1545 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE KERSHAW COUNTY COUNCIL SHALL PREPARE THE APPROPRIATE IDENTIFYING SIGN AND SCHEDULE A CEREMONY FOR THE NAMING OF THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY explained the Bill.
On motion of Senator SALEEBY, the Bill was carried over.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 4821 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 13, 1992, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE COLLEGE OF CHARLESTON, WINTHROP UNIVERSITY, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1992 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the First District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Nancy J. Cash had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Nancy J. Cash was duly elected to the Board of Trustees for Lander College from the First District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the Second District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. George R. Starnes had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable George R. Starnes was duly elected to the Board of Trustees for Lander College from the Second District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the Third District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Timothy D. Etson and Ms. Jean T. McFerrin had been screened and found qualified.
Rep. Stoddard moved that the nominations be closed.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Etson:
The following named Senators voted for Ms. McFerrin:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Washington Williams Wilson
Senator MARTSCHINK asked unanimous consent to make a motion that Senator SHEALY be granted leave to be recorded as voting in favor of Ms. McFerrin.
Rep. McTeer objected.
On motion of Rep. Kirsh, with unanimous consent, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. Etson:
Bailey, G. Littlejohn
The following named Representatives voted for Ms. McFerrin:
Alexander, M.O. Alexander, T.C. Altman
Anderson Bailey, J. Baker
Barber Baxley Beasley
Beatty Bennett Boan
Brown, G. Brown, H. Brown, J.
Bruce Burch, K. Byrd
Carnell Cato Chamblee
Cobb-Hunter Corning Council
Cromer Delleney Elliott, D.
Fair Farr Felder
Foster Fulmer Gentry
Glover Gonzales Hallman
Harrelson Harris, J. Harris, P.
Harrison Harvin Haskins
Hendricks Hodges Holt
Houck Huff Hyatt
Inabinett Jaskwhich Jennings
Johnson, J.C. Keegan Kempe
Kennedy Keyserling Kirsh
Koon Lanford Manly
Marchbanks Martin, D. Martin, L.
Mattos McAbee McCraw
McElveen McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Quinn
Rama Rhoad Riser
Rogers Ross Rudnick
Scott Sharpe Sheheen
Shirley Shissias Smith
Snow Stoddard Stone
Taylor Townsend Tucker
Vaughn Waites Waldrop
Wells Whipper White
Wilder Wilkes Williams, D.
Williams, J. Wofford Wright
Young, A. Young, R.
Total Number of Senators voting 42
Total Number of Representatives voting 109
Grand Total 151
Necessary to a choice 76
Of which Mr. Etson received 2
Of which Ms. McFerrin received 149
Whereupon, the PRESIDENT announced that the Honorable Ms. Jean T. McFerrin was duly elected to the Board of Trustees for Lander College from the Third District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the Fourth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. C. Tyrone Gilmore had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Tyrone Gilmore was duly elected to the Board of Trustees for Lander College from the Fourth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the Fifth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. S. Anne Walker had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was duly elected to the Board of Trustees for Lander College from the Fifth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the Sixth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Walter D. Smith had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Walter D. Smith was duly elected to the Board of Trustees for Lander College from the Sixth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander College from the At-Large District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Mary D. Moore and Mr. William Stevens had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. William Stevens was withdrawn from consideration.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mary D. Moore was duly elected to the Board of Trustees for Lander College from the At-Large District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for The Citadel.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. David S. Boyd and Mr. W. E. Jenkinson, III had been screened and found qualified.
On motion of Rep. Stoddard, the name of David S. Boyd was withdrawn from consideration.
Rep. Snow nominated Mr. W. E. Jenkinson, III.
Senators McGILL, MACAULAY and O'DELL and Representatives Kennedy, Nettles, Farr and Harvin seconded the nomination of Mr. Jenkinson.
On motion of Rep. Snow, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable W. E. Jenkinson, III had been duly elected to the Board of Trustees for The Citadel for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the First District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Cheryl D. Whipper had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Cheryl D. Whipper was duly elected to the Board of Trustees for the College of Charleston from the First District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the Second District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Joel H. Smith had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Joel H. Smith was duly elected to the Board of Trustees for the College of Charleston from the Second District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the Third District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. William J. Day had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William J. Day was duly elected to the Board of Trustees for the College of Charleston from the Third District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the Fourth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Merl F. Code had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Merl F. Code was duly elected to the Board of Trustees for the College of Charleston from the Fourth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the Fifth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. John V. Price had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John V. Price was duly elected to the Board of Trustees for the College of Charleston from the Fifth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the Sixth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Marie M. Land had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Marie M. Land was duly elected to the Board of Trustees for the College of Charleston from the Sixth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston from the At-Large District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Timothy N. Dangerfield had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Timothy N. Dangerfield was duly elected to the Board of Trustees for the College of Charleston from the At-Large District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Lay Position on the Board of Trustees for the Medical University of South Carolina from the First District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Melvyn Berlinsky had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Melvin Berlinsky was duly elected to the Lay Position on the Board of Trustees for the Medical University of South Carolina from the First District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Lay Position on the Board of Trustees for the Medical University of South Carolina from the Second District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Patricia T. Smith had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Patricia T. Smith was duly elected to the Lay Position on the Board of Trustees for the Medical University of South Carolina from the Second District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Lay Position on the Board of Trustees for the Medical University of South Carolina from the Third District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Milford J. Cooper and Mr. Jack F. McIntosh had been screened and found qualified.
On motion of Rep. Stoddard, the name of Jack F. McIntosh had been withdrawn from consideration.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Milford J. Cooper was duly elected to the Lay Position on the Board of Trustees for the Medical University of South Carolina from the Third District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Medical Profession Position on the Board of Trustees for the Medical University of South Carolina from the Fourth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Charles B. Hanna, M.D. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Charles B. Hanna was duly elected to the Medical Profession Position on the Board of Trustees for the Medical University of South Carolina from the Fourth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Medical Profession position on the Board of Trustees for the Medical University of South Carolina from the Fifth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Cotesworth P. Fishburne, M.D. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Cotesworth P. Fishburne was duly elected to the Medical Profession position on the Board of Trustees for the Medical University of South Carolina from the Fifth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Medical Profession position on the Board of Trustees for the Medical University of South Carolina from the Sixth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that E. Conyers O'Bryan, M.D. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Bryan was duly elected to the Medical Profession position on the Board of Trustees for the Medical University of South Carolina from the Sixth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for five positions on the Board of Trustees for the Wil Lou Gray Opportunity School.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Wilhelmina McBride, Dr. Marvin Efron, Ms. Olive F. Wilson, Mr. Russell S. Bedenbaugh, and Ms. Elizabeth Moorhead had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Wilhelmina McBride, the Honorable Marvin Efron, the Honorable Olive F. Wilson, the Honorable Russell S. Bedenbaugh, and the Honorable Elizabeth Moorhead were duly elected to the five positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the First District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. J. Michael Murphree had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Michael Murphree was duly elected to the Board of Trustees for Francis Marion College from the First District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Second District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Lorraine H. Knight had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Lorraine H. Knight was duly elected to the Board of Trustees for Francis Marion College from the Second District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Third District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. William A. Collins and Mr. Lee Miller had been screened and found qualified.
Senator DRUMMOND, on behalf of the Greenwood Delegation, nominated Mr. William A. Collins.
Senator LEATHERMAN and Representatives Shirley and Harwell seconded the nomination of Mr. Collins.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Collins:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Washington
Williams Wilson
The following named Senators voted for Mr. Miller:
On motion of Rep. Kirsh, with unanimous consent, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. Collins:
Alexander, M.O. Alexander, T.C. Altman
Anderson Bailey, G. Bailey, J.
Baker Barber Baxley
Beasley Beatty Bennett
Boan Brown, G. Brown, H.
Brown, J. Bruce Burch, K.
Byrd Carnell Cato
Chamblee Cobb-Hunter Cooper
Corbett Corning Council
Delleney Elliott, D. Fair
Farr Felder Foster
Fulmer Gentry Glover
Gonzales Hallman Harrelson
Harris, J. Harris, P. Harrison
Harvin Harwell Haskins
Hendricks Hodges Holt
Houck Huff Hyatt
Inabinett Jaskwhich Jennings
Johnson, J.C. Keegan Kempe
Kennedy Keyserling Kirsh
Klapman Koon Lanford
Littlejohn Manly Marchbanks
Martin, D. Martin, M. Mattos
McAbee McCraw McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Quinn
Rama Rhoad Riser
Rogers Ross Scott
Sheheen Shirley Shissias
Smith Snow Stoddard
Stone Taylor Townsend
Tucker Vaughn Waites
Waldrop Wells Whipper
White Wilder Wilkes
Williams, D. Williams, J. Wofford
Wright Young, A. Young, R.
The following named Reps. voted for Mr. Miller:
Rudnick Sharpe
Total Number of Senators voting 41
Total Number of Representatives voting 113
Grand Total 154
Necessary to a choice 78
Of which Mr. Collins received 152
Of which Mr. Miller received 2
Whereupon, the PRESIDENT announced that the Honorable William A. Collins was duly elected to the Board of Trustees for Francis Marion College from the Third District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Fourth District, Seat 7.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. H. Randall Dozier had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Randall Dozier was duly elected to the Board of Trustees for Francis Marion College from the Fourth District, Seat 7, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Fourth District, Seat 8.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Robert E. Lanford, Jr. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert E. Lanford, Jr. was duly elected to the Board of Trustees for Francis Marion College from the Fourth District, Seat 8, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Fifth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Tracy L. Eggleston had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Tracy L. Eggleston was duly elected to the Board of Trustees for Francis Marion College from the Fifth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the Sixth District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. William W. Coleman, Jr. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was duly elected to the Board of Trustees for Francis Marion College from the Sixth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion College from the At-Large District.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. M. Russell Holliday, Jr. had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable M. Russell Holliday, Jr. was duly elected to the Board of Trustees for Francis Marion College from the At-Large District for the term prescribed by law.
The PRESIDENT announced that nominations were in order for two positions on the Board of Trustees for South Carolina State University.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Henry W. Brevard, Mr. George S. Chenault, Mr. Willis H. Crosby, Mr. Sam Glover, Ms. Janette Henry, Mr. Leroy Mosely, Jr., Mr. Willie T. Smith, and Mr. Charles H. Williams had been screened and found qualified.
On motion of Rep. Stoddard, the names of Mr. Henry W. Brevard, Mr. George S. Chenault, Mr. Willis H. Crosby, Mr. Sam Glover, and Mr. Willie T. Smith were withdrawn from consideration.
Senator MATTHEWS, on behalf of the Orangeburg Delegation, nominated Mr. Charles H. Williams.
Senators WASHINGTON, McGILL, SALEEBY, ROSE and PATTERSON and Representatives Cobb-Hunter, Bennett, Kennedy, Wilder, Council, Harvin, G. Bailey, Felder, Harwell, Glover, D. Elliott, Jennings, Harrelson and Rhoad seconded the nomination of Mr. Williams.
Senator PATTERSON nominated Mr. Leroy Mosely.
Senators SALEEBY, McGILL, GILBERT and MATTHEWS and Representatives Quinn, Cobb-Hunter, Cromer, Scott, Huff, J. Brown, Harvin, Smith, Taylor, Byrd, Glover, Inabinett, Harwell and Phillips seconded the nomination of Mr. Mosely.
Representative Wilkes nominated Ms. Janette Henry.
Senators MARTIN, HINSON and WASHINGTON and Representatives Waites, Manly, Cromer, Rogers, Shirley, Byrd, J. Brown, Council, Smith, Anderson, M.O. Alexander and Shissias seconded the nomination of Ms. Henry.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Henry:
Cork Hinson Leventis
Macaulay Martin Martschink
Mullinax Russell Smith, J.V.
Smith, N.W. Washington
The following named Senators voted for Mr. Mosely:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Holland
Land Leatherman Leventis
Lourie Matthews McConnell
McGill Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Saleeby Setzler
Smith, N.W. Stilwell Williams
Wilson
The following named Senators voted for Mr. Williams:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Smith, J.V. Stilwell Washington
Williams Wilson
On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electric roll call.
The following named Representatives voted for Ms. Henry:
Alexander, M.O. Anderson Baker
Barber Beatty Brown, H.
Brown, J. Byrd Carnell
Cato Clyborne Cooper
Corbett Council Cromer
Delleney Elliott, D. Fair
Haskins Hendricks Jaskwhich
Johnson, J.C. Keegan Kempe
Keyserling Kirsh Klapman
Koon Lanford Littlejohn
Manly Martin, M. Mattos
McAbee McGinnis McKay
McLeod Neilson Phillips
Quinn Rama Riser
Rogers Sheheen Shirley
Shissias Smith Stoddard
Townsend Tucker Vaughn
Waites Wells White
Wilder Wilkes Williams, D.
Williams, J. Wofford Wright
Young, A.
The following named Representatives voted for Mr. Mosely:
Alexander, T.C. Altman Bailey, G.
Bailey, J. Barber Baxley
Beasley Beatty Bennett
Boan Brown, G. Brown, H.
Brown, J. Bruce Burch, K.
Byrd Chamblee Cobb-Hunter
Corning Cromer Delleney
Fair Farr Felder
Foster Fulmer Gentry
Glover Gonzales Harrelson
Harris, J. Harris, P. Harrison
Harvin Harwell Haskins
Hendricks Hodges Holt
Houck Huff Hyatt
Inabinett Jaskwhich Jennings
Keegan Kempe Kennedy
Keyserling Kirsh Klapman
Lanford Littlejohn Marchbanks
Martin, D. Martin, L. Martin, M.
McAbee McCraw McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Quinn
Rhoad Rogers Rudnick
Scott Sharpe Shirley
Shissias Smith Snow
Stone Taylor Tucker
Vaughn Waites Waldrop
Wells Whipper Wofford
Wright Young, A. Young, R.
The following named Representatives voted for Mr. Williams:
Alexander, T.C. Altman Bailey, G.
Bailey, J. Baker Baxley
Beasley Bennett Boan
Brown, G. Bruce Burch, K.
Carnell Cato Chamblee
Clyborne Cobb-Hunter Cooper
Corning Council Elliott, D.
Farr Felder Foster
Fulmer Gentry Glover
Gonzales Harrelson Harris, J.
Harris, P. Harrison Harvin
Harwell Hodges Holt
Houck Huff Hyatt
Inabinett Jennings Johnson, J.C.
Kennedy Koon Marchbanks
Martin, D. Martin, L. Mattos
McCraw McElveen McTeer
Meacham Nettles Rama
Rhoad Riser Ross
Rudnick Scott Sharpe
Sheheen Snow Stoddard
Stone Taylor Townsend
Waldrop Whipper White
Wilder Wilkes Williams, D.
Williams, J. Young, R.
Total Number of Senators voting 42
Total Number of Representatives voting 114
Grand Total 156
Necessary to a choice 79
Of which Ms. Henry received 72
Of which Mr. Mosely received 124
Of which Mr. Williams received 115
Whereupon, the PRESIDENT announced that the Honorable Leroy Mosely, Jr. and the Honorable Charles H. Williams were duly elected to two positions on the Board of Trustees for South Carolina State University for the term prescribed by law.
The PRESIDENT announced that nominations were in order for two positions on the Board of Trustees for Winthrop College.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Robert Gahagan and Ms. Sanita L. Savage had been screened and found qualified.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Robert Gahagan and the Honorable Sanita L. Savage were duly elected to the two positions on the Board of Trustees for Winthrop College for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:00 P.M. the Senate resumed.
S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
Senator MATTHEWS asked unanimous consent to reconsider the vote whereby the Senate concurred with the House amendments.
There was no objection.
Senator DRUMMOND moved for reconsideration of the vote whereby the amendment proposed by Senators DRUMMOND, MATTHEWS, PATTERSON, FIELDING, GILBERT and MITCHELL was withdrawn.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the consideration of the amendment, which was previously withdrawn.
Senator McCONNELL spoke on the amendment.
The amendment was adopted.
Senators THOMAS, MACAULAY, COURSON, PASSAILAIGUE, GIESE, McCONNELL and LEVENTIS desired to be recorded as voting against the adoption of the amendment.
On motion of Senator MATTHEWS, the Bill was returned to the House with amendments.
Senator DRUMMOND, with unanimous consent, was recognized to make a status report to the members of the Senate regarding the work of the Committee of Conference relating to the General Appropriation Bill.
Senator J. VERNE SMITH spoke on the report.
Senator SETZLER spoke on the report.
Senator McCONNELL, with unanimous consent, moved that it be the Sense of the Senate that the position of the Senate conferees on H. 3044, as it relates to the creation of a Conference Report, be endorsed. This position, consistent with the long-standing practice, is that while the House version of the Bill is used as the reference document, a Conference Report begins as a blank sheet of paper and the inclusion of any item in the report requires two affirmative votes by the Senate conferees and two affirmative votes by the House conferees, thereby protecting the rights of both bodies as co-equal participants in the drafting of the report.
There was no objection.
At 1:42 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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