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, hear the Psalmist when he said (Ps. 105:7-9):
"He is the Lord our God;
His judgements are in all the earth.
He is mindful of His covenant forever,
of the word that He commanded, for thousand
generations, the covenant which He made with Abraham,..."
Let us pray.
O God, our help in ages past, our hope for years to come, as Memorial Days come and go, we pause to reflect and give thanks for the lives of those who have lived... and served... in days gone by.
We give thanks for the blessed memories which bind us to the unseen world of the heroic dead who circle us around like a cloud of witnesses.
We remember especially before Your Throne of grace those who still live in hospitals throughout our land and across the earth, weakened in body, mind, and spirit by the ravages of war.
May we, today, renew our dedication to the same high purposes and ideals which moved our forebears to build and preserve a great State... and Nation.
Bless the peacemakers across this planet, and may peace among peoples come as Thy gift of grace... and the fruits of goodwill among us... as we continue to work and pray, "Thy Kingdom Come... Thy Will be Done"... in the Name of the Prince of Peace.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 20, 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.
Initial Appointment, Member, Parks Recreation and Tourism Commission, with term to expire June 27, 1997:
5th Congressional District:
Mr. Charles M. Ingram, Jr., Ingram Insurance & Real Estate, Inc., Post Office Box 591, Cheraw, South Carolina 29520 VICE Hubert Osteen
Referred to the General Committee.
TO: Lt. Gov. NICK THEODORE
Presiding Officer of the Senate
FROM: SHERRY MARTSCHINK
Because of conflict, I will recuse myself from the entire executive session in which an appointment to the Workers' Compensation Commission will be considered.
Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LOURIE 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 Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
The Senate resumed.
On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Senator REESE asked unanimous consent to make a motion to include consideration of any magisterial appointments during the Executive Session, which has been scheduled for June 3, 1992.
There was no objection.
Senator THOMAS rose to a Point of Personal Privilege.
Senator MULLINAX rose to a Point of Personal Privilege.
Senator MITCHELL rose to a Point of Privilege.
Senator SHEALY rose to a Point of Privilege.
Senator J. VERNE SMITH rose to a Point of Privilege.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1521 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEGISLATIVE AUDIT COUNCIL FOR HAVING RECEIVED TWO NATIONAL AWARDS ACKNOWLEDGING AGENCY EMPLOYEES' OUTSTANDING SKILLS IN CONDUCTING PERFORMANCE AUDITS.
On motion of Senator DRUMMOND, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Finance and ordered placed on the Calendar.
There was no objection.
The following were introduced:
S. 1574 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP FOR 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1575 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND MR. H. FILMORE MABRY OF ORANGEBURG FOR HIS TRULY OUTSTANDING SERVICE AS PRESIDENT OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES UPON HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1576 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MRS. FLORENCE M. RICHARDSON ON THE OCCASION OF HER RETIREMENT FROM THE PORTER-GAUD SCHOOL AFTER NEARLY THIRTY-TWO YEARS OF SERVICE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1577 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MR. TED RICHARDSON ON HIS RETIREMENT FROM THE PORTER-GAUD SCHOOL IN CHARLESTON AFTER NEARLY THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4882 -- Rep. Cato: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY TO THE FAMILY OF JAMES GARY BATSON OF TRAVELERS REST UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
Read the first time and referred to the Committee on Education.
H. 4698 -- Rep. Phillips: 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.
H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".
Read the first time and referred to the Committee on Transportation.
H. 4837 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4852 -- Reps. Inabinett, Hallman, D. Martin, Whipper, J. Bailey and Barber: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO DESIGNATE RIVER ROAD ON JOHNS ISLAND IN CHARLESTON COUNTY AS "RIVER ROAD SCENIC HIGHWAY".
Read the first time and referred to the Committee on Transportation.
H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HOLLAND, H. 4860 was order to receive a second reading with notice of general amendments on Wednesday, May 27, 1992.
H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Appointment, Member, South Carolina Workers Compensation Commission, with term to expire June 30, 1998:
At-Large:
Honorable Sherry S. Martschink, 723 Angus Court, Mt. Pleasant, South Carolina 29464-3601 VICE Virginia Crocker
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, State Development Board, with term to expire May 21, 1997:
Horry/Georgetown:
Mr. Harold C. Stowe, 8246 Forest Lake Drive, Conway, South Carolina 29526 VICE Eugene S.N. Lawrimore
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1995:
1st Congressional District-F:
Chief Richard G. Waring, 433 West Carolina Avenue, Summerville, South Carolina 29483 VICE Chief Wilmont Guthke (retired)
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1994:
At-Large:
Mr. Knox L. Haynsworth, Jr., Post Office Box 10888, Greenville, South Carolina 29603 VICE Thomas W. Miller (as at-large member)
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1998:
3rd Congressional District:
Mr. Thomas W. Miller, Route 1, Box 165, Townville, South Carolina 29689 VICE Larry C. Owen
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
Appointment, Member, Wildlife and Marine Resources Commission:
5th Congressional District:
Mr. Jake Rasor, Jr., Post Office Box 278, Cross Hill, South Carolina 29332 VICE Charles L. Compton
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Reappointment, Member, State Commission on Higher Education, with term to expire July 26, 1995:
At-Large:
Mrs. Elaine T. Freeman, 1029 Woodburn Road, Spartanburg, South Carolina 29302
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire June 30, 1996:
Marion/Florence:
Mr. N. Bryant Cooper, Jr., 202 South Main Street, Mullins, South Carolina 29574 VICE R.L. Cockfield
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, Jobs Economic Development Authority, with term to commence July 27, 1992, and to expire July 27, 1995:
6th Congressional District:
Mr. Chester A. Duke, Post Office Box 929, Marion, South Carolina 29571 VICE Robert Clawson
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
Appointment, Member, South Carolina Aeronautics Commission, with term to expire July 1, 1998:
At-Large:
Mr. Robert W. Williams, Jr., Route 2, Box 451, Effingham, South Carolina 29541 VICE Curtis Graves
S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.
The House returned the Bill with amendments. The question being the consideration of Senate amendments to the House amendments.
Senator LOURIE spoke on the Bill.
Senator HINSON proposed the following Amendment No. 1 (BR1\2837.AC), which was withdrawn:
Amend the bill, as and if amended, Section 12-21-380, page 9, line 40, by deleting /Twenty/ and inserting /Ten/ and on page 9, line 42, by deleting /twenty/ and inserting /ten/.
Renumber sections to conform.
Amend title to conform.
Senator LOURIE spoke on the amendment.
Senator HINSON spoke on the amendment.
On motion of Senator HINSON, with unanimous consent, the amendment was withdrawn.
Senator LOURIE moved to concur in the House amendments.
Senator STILWELL argued contra to the motion.
Senator PASSAILAIGUE argued in favor of the motion.
Senator WASHINGTON argued in favor of the motion.
Senator GIESE argued contra to the motion
Senator HINDS argued in favor of the motion.
Senator LAND argued in favor of the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Courtney Fielding
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Land Leventis Lourie
Martin Martschink *Matthews
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Reese Saleeby
Smith, J.V. Smith, N.W. Thomas
Washington Williams
Bryan Cork Courson
Giese Macaulay McConnell
Peeler Pope Rose
Russell Setzler Shealy
Stilwell Wilson
Leatherman
*This Senator was not present in the chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The 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. 1569 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE COMMISSION ON CONSUMER AFFAIRS FOR STATEWIDE VACANCIES, TO FILL THE TERMS WHICH WILL EXPIRE AS PROVIDED BY LAW.
Returned with concurrence.
Received as information.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1571 -- Senators Matthews, Williams, Land, McGill, Peeler, Fielding, Washington, Saleeby, Moore, Leventis, Pope, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Reese, Rose, Russell, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A BILL TO AMEND SECTION 57-25-150(B) OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXEMPT CERTAIN SOUTH CAROLINA FARMERS FROM THE INITIAL APPLICATION FEE REQUIRED OF APPLICANTS SEEKING PERMITS TO ERECT OUTDOOR ADVERTISING SIGNS.
(By prior motion of Senator MATTHEWS, with unanimous consent)
The following Bill having been read the second time was passed and ordered to a third reading:
S. 1573 -- Senator Peeler: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.
At 1:00 P.M., Senator REESE requested and was granted a leave of absence beginning at 5:00 P.M. for the remainder of the day.
On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, South Carolina Workers Compensation Commission, with term to expire June 30, 1998:
At-Large:
Honorable Sherry S. Martschink, 723 Angus Court, Mt. Pleasant, South Carolina 29464-3601 VICE Virginia Crocker
Appointment, Member, Jobs Economic Development Authority, with term to commence July 27, 1992, and to expire July 27, 1995:
6th Congressional District-F:
Mr. Chester A. Duke, Post Office Box 929, Marion, South Carolina 29571 VICE Robert Clawson
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire June 30, 1996:
Marion/Florence:
Mr. N. Bryant Cooper, Jr., 202 South Main Street, Mullins, South Carolina 29574 VICE R.L. Cockfield
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
Appointment, Member, State Development Board, with term to expire May 21, 1997:
Mr. Harold C. Stowe, 8246 Forest Lake Drive, Conway, South Carolina 29526 VICE Eugene S.N. Lawrimore
Appointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1995:
1st Congressional District-F:
Chief Richard G. Waring, 433 West Carolina Avenue, Summerville, South Carolina 29483 VICE Chief Wilmont Guthke (retired)
Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1994:
At-Large:
Mr. Knox L. Haynsworth, Jr., Post Office Box 10888, Greenville, South Carolina 29603 VICE Thomas W. Miller (as at-large member)
Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1998:
3rd Congressional District:
Mr. Thomas W. Miller, Route 1, Box 165, Townsville, South Carolina 29689 VICE Larry C. Owen
Appointment, Member, Wildlife and Marine Resources Commission:
5th Congressional District:
Mr. Jake Rasor, Jr., Post Office Box 278, Cross Hill, South Carolina 29332 VICE Charles L. Compton
Reappointment, Member, State Commission on Higher Education, with term to expire July 26, 1995:
At-Large:
Mrs. Elaine T. Freeman, 1029 Woodburn Road, Spartanburg, South Carolina 29302
Appointment, Member, South Carolina Aeronautics Commission, with term to expire July 1, 1998:
At-Large:
Mr. Robert W. Williams, Jr., Route 2, Box 451, Effingham, South Carolina 29541 VICE Curtis Graves
Initial Appointment under Act 678 of 1988, Georgetown County Magistrate, with terms to expire April 30, 1995:
Herbert K. Knox, 2226 Beck Street, Georgetown, South Carolina 29440
Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:
Ms. Gertrude D. Brown, 1449 Swamp Angel Court, Charleston, South Carolina 29412
Reappointment, Member, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:
Mrs. Eudora W. Graham, 120 Somerset Lane, Spartanburg, South Carolina 29302
I certify that I took no action in the matter of the appointment of Sherry S. Martschink to the Workers Compensation Commission which would preclude my representation of a client under the provisions of Section 8-13-745, S. C. Code of Laws, 1976, as amended.
I certify that I took no action in the matter of the appointment of Sherry S. Martschink to the Workers Compensation Commission.
I did not vote in confirmation of Senator Martschink's appointment to the Workers' Compensation Commission because she is my daughter and it may have been considered improper.
At 6:52 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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