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 Senator J. VERNE SMITH as follows:
Let us pray. Our kind and loving Heavenly Father we are grateful to You for the privilege of service. We pray that we can submit our will to Your will so You can use us effectively. We pray for Chaplain Meetze and Mrs. Meetze. Help them and help Mrs. Meetze. Let her feel Your presence and strength with her sickness. Guide us as we make decisions for Christ's sake. Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Drummond Elliott Ford
Giese Glover Gregory
Hayes Jackson Land
Lander Leatherman Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 573, H. 4880 by a vote of 4 to 0:
(R573) H. 4880 -- Rep. Baxley: AN ACT TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.
Very respectfully,
Speaker of the House
(R573) H. 4880 -- Rep. Baxley: AN ACT TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.
The veto of the Governor was taken up for immediate consideration.
Senator SALEEBY moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The veto of the Governor was overridden.
The following were received and referred to the appropriate committee for consideration:
Document No. 1565
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Triennial Review)
Received By Lt. Governor January 28, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 28, 1993
Document No. 1597
Promulgated By Department of Health and Environmental Control
Certification of Need for Health Facilities and Services
Received By Lt. Governor January 28, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 28, 1993
Senator RICHTER rose to a Point of Personal Privilege.
Senator McCONNELL rose to a Point of Personal Privilege.
Senator PASSAILAIGUE rose to a Point of Personal Privilege.
Senator COURSON rose to a Point of Personal Privilege.
Senator ROSE rose to a Point of Personal Privilege.
Senator ROSE asked unanimous consent to make a motion to direct the Clerk of the Senate to send a written request to former Senator Martschink asking if she would waive any and all confidentiality attaching to any and all matters relating to the consideration and/or confirmation of her appointment to the Workers' Compensation Commission and request her written response to the Clerk or to the Senate within five (5) days.
Senator ROSE withdrew the unanimous consent request with the understanding that it may be renewed next week pending the consideration and report of the Ethics Committee on the substance of his unanimous consent request.
Senator PATTERSON rose to a Point of Personal Privilege.
At 11:35 A.M., Senator MOORE assumed the Chair.
H. 3196 -- Rep. Stone: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the local delegation.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the local Calendar.
The following were introduced:
S. 324 -- Senators Passailaigue, McConnell, Washington, Greg Smith, Richter, Ford and Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND WELCOME THE SOUTH CAROLINA SHARKS ON THEIR ESTABLISHMENT AS THE FIRST PROFESSIONAL HOCKEY TEAM IN SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 325 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION COMMENDING GREENVILLE COUNTY FIREFIGHTERS DARYL PERRY, XAVIER WALKER, AND PETE SHAW FOR THEIR EXEMPLARY COURAGE AND DETERMINATION IN RESCUING AN EIGHT-YEAR-OLD BOY FROM AN ABANDONED WELL.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 326 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. COLIE L. LYNCH OF WEST COLUMBIA WHO DIED DURING THE LEGISLATIVE INTERIM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 327 -- Senators Richter, Passailaigue, Rose and Mescher: A BILL TO AMEND CHAPTER 3, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE COMMISSION AND THE DEPARTMENT OF INSURANCE SO AS TO ABOLISH THE INSURANCE COMMISSION AND TO PROVIDE THAT COMMENCING IN 1994 THE INSURANCE COMMISSIONER MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE STATE; TO PROVIDE FOR HIS TERM, QUALIFICATIONS, AND FOR THE FILLING OF A VACANCY; TO CHANGE REFERENCES IN THIS CHAPTER RELATING TO THE INSURANCE COMMISSIONER; TO DELETE GENERAL PROVISIONS RELATING TO THE INSURANCE COMMISSION; TO DELETE PROVISIONS RELATING TO THE INSURANCE ADVISORY COMMITTEE; AND TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE OF LAWS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 328 -- Senators Washington, Bryan, Patterson, Matthews, Waldrep, Ford, Glover and Jackson: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMIT OF SCHOOL BUSES, SO AS TO INCREASE THE SPEED LIMIT TO FORTY-FIVE MILES AN HOUR.
Read the first time and referred to the Committee on Education.
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Senator SETZLER spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 330 -- Senators Setzler, Drummond and Giese: A BILL TO AMEND ACT 501 OF 1992, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1992-93, SO AS TO INCREASE FROM 10,500 TO 11,000 DOLLARS THE EARNINGS LIMITATION OF RETIREES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT.
Read the first time and referred to the Committee on Finance.
S. 331 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT ORTHOTIC DEVICES, EXCLUDE CERTAIN SHOES AND DEVICES FROM THE EXEMPTION, AND DEFINE TERMS.
Read the first time and referred to the Committee on Finance.
S. 332 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR THE RETAIL SALE OF BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE AN OPTIONAL PERMIT WHICH ALLOWS SALES AND CONSUMPTION WITHOUT REGARD TO THE RESTRICTIONS ON THE DAYS AND HOURS PROVIDED IN SECTIONS 61-9-90, 61-9-100, 61-9-110, AND 61-9-130; AND TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST THIRTY THOUSAND DOLLARS.
Senator PASSAILAIGUE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 333 -- Senator McConnell: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT THE DEFINITION DOES NOT INCLUDE THE VALUE OF A DISCOUNT COUPON ISSUED BY A MANUFACTURER AND HONORED BY A RETAILER WHETHER OR NOT THE RETAILER IS REIMBURSED BY THE MANUFACTURER.
Read the first time and referred to the Committee on Finance.
S. 334 -- Senator Bryan: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATION ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1993 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATION ACT.
Read the first time and referred to the Committee on Finance.
S. 335 -- Senator Bryan: A BILL TO AMEND ARTICLE 1, AS AMENDED, AND ARTICLE 5, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET SYSTEM, SO AS TO MAKE CHANGES IN PROCEDURES USED IN THE BUDGETARY PROCESS, TO ELIMINATE THE USE OF SURPLUS FUNDS TO MATCH FUNDS FOR MISCELLANEOUS PURPOSES, AND TO PROHIBIT THE INCREASE OF STATE EMPLOYEE POSITIONS TO EXCEED APPROPRIATIONS LIMITATIONS.
Read the first time and referred to the Committee on Finance.
S. 336 -- Senator Reese: A BILL TO AMEND SECTION 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO REVISE THE METHOD OF APPOINTMENT.
Read the first time and referred to the General Committee.
S. 337 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 338 -- Senators McConnell and Courtney: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES, AND ALSO TO PROVIDE THAT THE COURT MAY CONSIDER THE PASSAGE OF TIME SINCE THE ISSUANCE OF AN EXISTING CHILD SUPPORT ORDER OR THE FINANCIAL IMPOSSIBILITY TO MEET ONE'S CHILD SUPPORT OBLIGATION IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER.
Read the first time and referred to the Committee on Judiciary.
S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Read the first time and referred to the Committee on Judiciary.
S. 340 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.
Read the first time and referred to the Committee on Judiciary.
S. 341 -- Senator Bryan: A BILL TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.
Read the first time and referred to the Committee on Judiciary.
S. 342 -- Senators Richter, Mescher and Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE HIGHWAY COMMISSION, THE ELECTION AND TERM OF OFFICE OF DISTRICT HIGHWAY COMMISSIONERS, THE FILLING OF VACANCIES IN THE OFFICE OF COMMISSIONER, AND THE COMPENSATION OF DISTRICT HIGHWAY COMMISSIONERS, SO AS TO PROVIDE THAT THE CONGRESSIONAL DISTRICTS OF THE STATE CONSTITUTE HIGHWAY DISTRICTS DESIGNATED BY NUMBERS CORRESPONDING TO THE NUMBERS OF THE RESPECTIVE CONGRESSIONAL DISTRICT; TO PROVIDE THAT THE GOVERNOR SHALL APPOINT ONE HIGHWAY COMMISSIONER FROM EACH HIGHWAY DISTRICT AND ONE AT-LARGE COMMISSIONER WHO SHALL ALL SERVE FOR A TERM OF FOUR YEARS; TO PROVIDE THAT NO HIGHWAY DISTRICT MAY HAVE A HIGHWAY COMMISSIONER FOR MORE THAN ONE TERM; TO PROVIDE FOR CONFIRMATION HEARINGS; TO PROVIDE THAT THE GOVERNOR MAY REMOVE A COMMISSIONER FOR CAUSE; TO PROVIDE FOR THE COMPENSATION OF COMMISSIONERS; TO PROVIDE THAT A COMMISSIONER SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED; AND TO PROVIDE THAT COMMISSIONERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERM OF OFFICE.
Read the first time and referred to the Committee on Transportation.
S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.
Senator SETZLER spoke on the Bill.
Read the first time and on motion of Senator SETZLER, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator SETZLER, S. 343 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 344 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-115, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE CONDITIONS OF ELIGIBILITY FOR UNEMPLOYMENT BENEFITS, SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE SHALL BE DENIED BENEFITS WITH RESPECT TO ANY WEEK IN WHICH HE IS REQUIRED BY LAW TO APPEAR IN COURT AS A WITNESS OR TO SERVE AS A JUROR.
Senator SALEEBY spoke on the Bill.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 3228 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE ON THE DREHER ISLAND ROAD BETWEEN LEXINGTON AND NEWBERRY COUNTIES AS THE "ADAMS CAMP BRIDGE".
Whereas, it has come to the attention of members of the General Assembly that the bridge at Billy Dreher Island located between secondary road S-231 in Lexington County and secondary roads S-15 and S-571 in Newberry County has not been officially and suitably named. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the State Highways and Public Transportation Commission is requested to name the bridge on the Dreher Island Road between Lexington and Newberry Counties referred to above as the "Adams Camp Bridge".
Be it further resolved that a copy of this resolution be forwarded to the commission.
Referred to the Committee on Transportation.
H. 3269 -- Reps. Rudnick, R. Smith, Stone and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF H. ODELL WEEKS, FORMER MAYOR OF AIKEN, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3286 -- Reps. J. Harris and Baxley: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FRIENDS AND FAMILY OF JOHN BIRKS "DIZZY" GILLESPIE OF CHERAW IN CHESTERFIELD COUNTY WHO DIED JANUARY 6, 1993, AND RECOGNIZING HIS TALENTS AND CONTRIBUTIONS TO THE DEVELOPMENT OF JAZZ.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3263 -- Reps. Walker, Cato, M.O. Alexander, Allison, Anderson, Baker, Beatty, Clyborne, Davenport, Fair, Haskins, Jaskwhich, Lanford, Littlejohn, Mattos, McMahand, D. Smith, Vaughn, Wilkins, Wells and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-2, SO AS TO PROVIDE THAT A GEOGRAPHIC COORDINATE USED TO DEFINE A POINT ON A COUNTY BOUNDARY UTILIZES THE COORDINATE SYSTEM PROVIDED IN CHAPTER 2 OF TITLE 27 AND MUST CONTROL IF PHYSICAL FEATURES ALSO ARE USED TO DESCRIBE THE LOCATION OF A POINT ARE DIFFERENT; TO AMEND SECTIONS 4-3-280 AND 4-3-480, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO REDEFINE THESE BOUNDARIES.
Read the first time and referred to the Committee on Judiciary.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Association of Retarded Citizens of S.C. and S.C. Human Services Providers, Inc. to attend a breakfast drop-in at the State House (1st floor) on Thursday, February 4, 1993, from 9:00 until 10:00 A.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue
Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. State Museum Foundation to attend a reception at the State Museum on Wednesday, February 10, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue
Russell
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
S. 172 -- Senators Giese, Passailaigue, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Greg Smith, Waldrep, Washington, Glover and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO ESTABLISH A TASK FORCE TO STUDY HOME EQUITY CONVERSION MORTGAGES AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 3159 favorable:
H. 3159 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROGER MUNSON, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993.
Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue
Stilwell
Ordered for consideration tomorrow.
S. 265 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS HEARTFELT SYMPATHY TO THE FAMILY OF JOHN BIRKS "DIZZY" GILLESPIE OF CHERAW IN CHESTERFIELD COUNTY ON THE DEATH OF THIS GREAT JAZZ MUSICIAN.
Returned with concurrence.
Received as information.
S. 266 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST AND SINCEREST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE THURGOOD MARSHALL, UNITED STATES SUPREME COURT JUSTICE.
Returned with concurrence.
Received as information.
At 11:42 A.M., the PRESIDENT assumed the Chair.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: A BILL TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD60.005) was adopted as follows:
Amend the bill, as and if amended, page 1, line 38, in Section 23-11-110(A)(5), as contained in SECTION 1, by striking /and/ and inserting therein:
/or and/ .
Amend the bill further, as and if amended, page 1, line 39, in Section 23-11-110(A)(5), as contained in SECTION 1, by striking /police/ and inserting therein: /law enforcement/ .
Amend the bill further, as and if amended, page 1, line 43, in Section 23-11-110(A)(5) by striking /year/ and inserting therein /year's/ .
Amend the bill further, as and if amended, page 1, line 44, in Section 23-11-110(A)(5), as contained in SECTION 1, by inserting after the word /officer/ the following:
/. For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50/ .
Amend the bill further, as and if amended, page 2, beginning on line 15, in Section 23-11-110(B), as contained in SECTION 1, by striking lines 15 through 34 in their entirety and inserting therein the following:
/"(B) Each person offering his candidacy for the office of sheriff shall, within sixty days prior to or at the time he qualifies:
(1) file with the clerk of court a certified copy of his birth certificate, a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education, or an affidavit that he has had at least five years' experience in the criminal justice field;
(2) swear or affirm before the clerk of court that he has met or will meet by the date of the election all of the qualifications required by this section. (B) (1) A person offering his candidacy for the office of sheriff, within sixty days before or at the time he qualifies, shall file a sworn affidavit with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence.
(2) The affidavit must contain the following information:
(a) the date and place of the person's birth;
(b) the date the person graduated from high school or the date the person obtained the recognized equivalent of a high school diploma;
(c) the date the person received any associate or baccalaureate degrees when applicable;
(d) the number of years' experience the person has had as a certified law enforcement officer; and
(e) an affirmation that the person meets all of the qualification requirements of subsection (A)."/ .
Amend title to conform.
Senator STILWELL explained the amendment.
There being no further amendments, the Bill was read the second time with notice of general amendments.
S. 71 -- Senators McConnell, Leatherman and Rose: A BILL TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION, OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD71.001) was adopted as follows:
Amend the bill, as and if amended, page 1, line 41, in Section 11-35-4210(8), as contained in SECTION 1, by striking /rule/ and inserting /subsection/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.
On motion of Senator REESE, with unanimous consent, S. 295 was ordered to receive a third reading on Friday, January 29, 1993.
S. 296 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
On motion of Senator REESE, with unanimous consent, S. 296 was ordered to receive a third reading on Friday, January 29, 1993.
S. 297 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.
On motion of Senator REESE, with unanimous consent, S. 297 was ordered to receive a third reading on Friday, January 29, 1993.
S. 322 -- Senators Giese, Patterson, Courson and Jackson: A BILL TO PROHIBIT A RICHLAND COUNTY RESIDENT FROM BEING TAXED OR CHARGED A FEE FOR WATER OR SEWERAGE SERVICE IF HE DOES NOT RECEIVE THE SERVICE AND PROVIDE FOR A REFUND PLUS INTEREST IF PAYMENT IS MADE.
On motion of Senator GIESE, with unanimous consent, S. 322 was ordered to receive a third reading on Friday, January 29, 1993.
S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.
S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was carried over.
Senator SETZLER moved that when the Senate adjourns on Friday, January 29, 1993, it stand adjourned to meet next Tuesday, February 2, 1993, at 12:00 Noon, which motion was adopted.
MOTION ADOPTED
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Janie Bell Timms Nabors, age 92, mother-in-law of Ann Nabors, beloved former Administrative Assistant to the Clerk of the Senate.
At 12:41 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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