Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the last words of King David, recorded in the ancient Book of Second Samuel (23:3-4):
"The God of Israel has spoken. The Rock of Israel
has said to me: `WHEN ONE RULES JUSTLY OVER MEN,
RULING IN THE FEAR OF GOD, HE DAWNS ON THEM LIKE
THE MORNING LIGHT, LIKE THE SUN SHINING FORTH
UPON A CLOUDLESS MORNING, LIKE A RAIN THAT MAKES
GRASS TO SPROUT FROM THE EARTH.'"
Let us pray.
Lord God of ancient times... and the God and Judge of our day, help us to be the kind of leaders You talked about to King David.
We remember, sadly, the verdict of history, that where there is no vision... the people perish!
With so many problems... world-wide and at home... pressing for immediate decisions... help us to commit adequate resources and fire our imaginations with zest and zeal that we may move our State toward Your Vision for our people... in the Name of King David's God.
Amen.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
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 Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senators MARTIN and MACAULAY introduced Dr. Larry Winn of Easley, South Carolina, Doctor of the Day.
On motion of Senator COURTNEY at 11:10 A.M., Senator RUSSELL was granted a leave of absence for today.
Senator GIESE rose to a Point of Personal Interest.
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.
Senator MITCHELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator MITCHELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
At 11:37 A.M., the leave of absence granted to Senator RUSSELL for today was rescinded.
The following were introduced:
S. 350 -- Senators Saleeby, Land, McConnell, Rankin and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND PROVIDE FOR THE EFFECT OF SUCH NOTICE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 351 -- Senators Saleeby, Land, McConnell, Rankin and Courtney: A BILL TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NON-LIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
Read the first time and referred to the Committee on Education.
S. 353 -- Senators Giese, Richter and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-35 SO AS TO FORMULATE A PLAN FOR THE ALLOWABLE MAXIMUM EXPENDITURE OF STATE FUNDING FOR DEVELOPMENTAL EDUCATION BY THE FOUR-YEAR STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN SOUTH CAROLINA BEGINNING WITH FISCAL YEAR 1994-95, TO PROVIDE FOR WHAT DEVELOPMENTAL EDUCATION ENCOMPASSES AND INCLUDES, AND TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DETERMINE THE BASE AMOUNT OF STATE FUNDING USED BY THE AFFECTED INSTITUTIONS FOR DEVELOPMENTAL EDUCATION DURING FISCAL YEAR 1993-94.
Read the first time and referred to the Committee on Education.
S. 354 -- Senator Richter: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY MUST BE REPRESENTED BY THE LEGAL REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN BY THE CIRCUIT SOLICITOR OR THE CIRCUIT SOLICITOR'S REPRESENTATIVE; AND TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES AND DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE REFERENCE TO THE CIRCUIT SOLICITOR WITH RESPECT TO THE COOPERATION THE AGENCY IS MANDATED TO PROVIDE.
Read the first time and referred to the Committee on Judiciary.
S. 355 -- Senators Martin, Giese and J.Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 356 -- Senator McConnell: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING CHAPTER 2 SO AS TO PROVIDE FOR THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, AND TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1994; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO STATE HIGHWAY BONDS, SO AS TO CREATE A STATE HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE REPAYMENT OF BONDS FROM REVENUE DERIVED FROM TAXES LEVIED BY SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, AND 12-27-1240; TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 57 RELATING TO THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION AND SECTIONS 12-27-1260 THROUGH 12-27-1300 RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND SAFETY PROGRAM; 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 Transportation.
S. 357 -- Senators Saleeby, McConnell, Passailaigue, Cork, Washington, Richter, Rose, Mescher, Ford, Courson, Bryan, Courtney, Drummond, Elliott, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Russell, Ryberg, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-365 SO AS TO PRECLUDE ANY INCREASE IN AUTOMOBILE INSURANCE PREMIUMS FOR FIRST OFFENSE CONVICTIONS OF CARELESS OR NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN VIOLATION OF ANY MUNICIPAL ORDINANCE, IF THE VIOLATION OCCURRED PRIOR TO JUNE 1, 1993, AND TO PROVIDE FOR THE APPLICATION OF A CREDIT AGAINST RENEWAL PREMIUMS IN THE CASE OF AN INSURED WHOSE AUTOMOBILE INSURANCE PREMIUM HAS ALREADY INCREASED.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
I wish the Journal to reflect that I abstained from all activities regarding this Bill.
H. 3313 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF FEBRUARY 8-14, 1993, AS "NEWBERRY COUNTY YOUNG WOMAN OF THE YEAR WEEK" IN NEWBERRY COUNTY.
On motion of Senator LANDER, the Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Carolinas AGC to attend a reception at the Embassy Suites Hotel on Tuesday, February 9, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell O'Dell
Passailaigue
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Congress of Parents and Teachers to attend a reception at the Marriott on Tuesday, February 9, 1993, from 8:00 until 9:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell O'Dell
Passailaigue
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 242 -- Senators Ford and Glover: A CONCURRENT RESOLUTION TO ENCOURAGE SPECIAL INTEREST GROUPS EMPLOYING LOBBYISTS TO INCREASE THE NUMBER OF QUALIFIED AFRICAN-AMERICANS EMPLOYED AS REGISTERED LOBBYISTS.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
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.
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.
S. 239 -- Senator Washington: A BILL TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
(By prior motion of Senator WASHINGTON)
S. 344 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING 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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following amendment (JUD344.001), which was adopted:
Amend the bill, as and if amended, page 1, line 30, in Section 41-35-115, as contained in SECTION 1, by inserting after the word /juror./ the following:
/However, unemployment benefits received by a person pursuant to Chapters 27 through 41 of this title must be reduced by any per diem received for service as a juror. The commission shall promulgate regulations necessary to implement the provisions of this section./
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House.
S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.
Senator STILWELL proposed the following Amendment No. 1 (RES264.002), which was adopted:
Amend the Senate Resolution, as and if amended, Rule 14, page 3, by striking lines 9 through 12 and inserting the following:
/When a motion to adjourn debate is agreed to, the bill to which it applies is next subject to consideration on the legislative day the Senate reaches that order of business. When a/
Amend title to conform.
The amendment was adopted.
On motion of Senator LEATHERMAN, with unanimous consent, the Senate Resolution was carried over.
S. 319 -- Senator Greg Smith: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.
On motion of Senator GIESE, 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 ROSE, with unanimous consent, the Senate Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator SALEEBY, the Senate agreed to dispense with the Motion Period and, with unanimous consent, the Senate agreed to proceed to a consideration of S. 264 for the purpose of considering the adoption of a further amendment to the Resolution; and upon disposition of the amendment, the Resolution would be carried over.
S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.
By prior motion of Senator SALEEBY, the Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.
Senator SALEEBY proposed the following Amendment No. 2 (RES264.001):
Amend the resolution, as and if amended, by adding on page 7, after line 40, the following new language:
/ Be it further resolved that Rule 7A of the Rules of the Senate is amended to read as follows:
If a Senator in speaking, or otherwise violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he shall sit down and may not proceed without leave of the Senate. Every question of order must be decided by the President, without debate, subject to an appeal to the Senate. The President may call for the Sense of the Senate on any question of order.
On a question of order regarding an affirmative requirement to or a prohibition from taking a specific act or adhering to a specific standard, the Senate shall be governed by the Constitution, its own Rules, Jefferson's Manual and Precedents established thereunder and shall not be governed by any statutory requirement or prohibition except upon a vote of a majority of the membership establishing a sense of the Senate that any such statutory requirement or prohibition shall govern the actions of the Senate. /
Amend title to conform.
Senator SALEEBY explained the amendment.
On motion of Senator LEATHERMAN, the Senate Resolution was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 89 -- Senators McConnell and Rose: A BILL TO AMEND SECTIONS 7-13-330, 7-13-1340, AND 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW STRAIGHT PARTY TICKET VOTING FROM GENERAL ELECTION BALLOTS, STRAIGHT PARTY TICKET VOTING ON ANY TYPE OF VOTE RECORDER, AND VOTING FOR ALL OF THE CANDIDATES OF ONE PARTY BY USE OF A VOTING MACHINE.
On motion of Senator MITCHELL, with unanimous consent, the Bill was carried over.
S. 210 -- 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 A PERSON'S EXPRESSION OR SPEECH, INCLUDING RELIGIOUS EXPRESSION OR SPEECH, ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS OF THE STATE.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
S. 261 -- Senators Washington and Ford: A BILL TO PROVIDE THAT BEGINNING WITH THE 1994 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1992 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1996 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WASHINGTON spoke on the Bill.
Senator McCONNELL argued contra.
Senator PASSAILAIGUE argued in favor of the Bill.
Debate was interrupted by adjournment.
Senator MACAULAY, with unanimous consent, moved that when the Senate adjourns it stand adjourned to meet tomorrow, February 4, 1993, at 12:00 Noon, which motion was adopted.
At 12:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 12:00 Noon.
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