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 words of the prophet Micah (4:5):
"For all people will walk
Every one in the name of his God,
And we will walk in the name of
The Lord our God forever and ever."
Let us pray.
Eternal God, the Almighty God, we praise You as the Creator of all the Universe. We are grateful for the planet on which You have placed us to live for a while. We marvel at the deeper, more mysterious world within us... the world of our minds... and what we call our hearts... even as the Psalmist says, "Thy habitation within us".
We learn that You made us in Your own image. We pray in the name of our God that our lives may be cleansed of all that corrupts or tarnishes... or diminishes... the divine image.
We thank You for the life of the Man of Galilee... and Nazareth... who put a face on God. He is for us both an example and the inspiration to become the kind of persons You want us to become.
May we reflect Your image in us this day and think as He thought... and work as He worked... and serve as He served.
In His Name, we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1614
Promulgated By Soil Classifiers Board of Registration (Land Resources Conservation Commission)
Amend Soil Classifiers Regulations
Received By Lt. Governor March 3, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date February 7, 1994
The following was received:
Document No. 1491
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Solid Waste Management Grants, Recycling, Education Grants, and Waste Tire Grants
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Revised expiration date March 23, 1993
Withdrawn and Resubmitted March 3, 1993
On motion of Senator STILWELL, at 11:05 A.M., Senator BRYAN was granted a leave of absence for today.
On motion of Senator PEELER, at 11:45 A.M., Senator GREGORY was granted a leave of absence for today.
On motion of Senator WILLIAMS, at 11:50 A.M., Senator JACKSON was granted a leave of absence for today.
Columbia, S.C., March 3, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3437 -- Reps. Wright and Quinn: A BILL TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, AND TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 498 -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ALBIN S. JOHNSON, CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF THE BOARD OF SOUTH CAROLINA'S COLUMBIA FARMS, INC., UPON BEING NAMED "MAN OF THE YEAR" BY THE NATIONAL INDEPENDENT POULTRY AND FOOD DISTRIBUTORS ASSOCIATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 499 -- Senator Courson: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 500 -- Senators Land, Elliott, Martin, Matthews, Courtney and Passailaigue: A BILL TO AUTHORIZE THE ISSUANCE OF LIMITED BENEFIT HEALTH INSURANCE POLICIES, OR THE DEVELOPMENT AND MARKETING OF "BARE BONES" HEALTH INSURANCE PLANS, IN AN EFFORT TO MAKE SUCH COVERAGE MORE AFFORDABLE FOR THE RESIDENTS OF THE STATE, AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 501 -- Senator Peeler: A BILL TO PROVIDE THAT CERTAIN CRIMINAL OFFENDERS COMMITTED TO INCARCERATION IN THIS STATE MAY BE REQUIRED TO PERFORM PUBLIC SERVICE WORK ACTIVITIES, PROHIBIT THE PARTICIPATION OF OFFENDERS CONVICTED OF VIOLENT CRIMES FROM PERFORMING THESE WORK ACTIVITIES, AND PROVIDE FOR THE TIMES WHEN THE WORK IS ALLOWED AND THE TYPE OF WORK ACTIVITIES PERMITTED.
Read the first time and referred to the Committee on Corrections and Penology.
S. 502 -- Senators Rose, Leventis and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-75 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A COURSE IN PARENTING WHICH EACH HIGH SCHOOL OF THIS STATE SHALL TEACH TO ALL STUDENTS BEGINNING WITH THE 1993-94 SCHOOL YEAR.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 503 -- Senator Peeler: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE ELECTION AND TERMS OF COMMISSIONERS OF PUBLIC WORKS IN MUNICIPALITIES, SO AS TO REQUIRE REPRESENTATION ON THE COMMISSION BASED ON ITS SERVICE TO THE UNINCORPORATED AREA IT SERVES.
Read the first time and referred to the Committee on Judiciary.
S. 504 -- Senators Peeler and Giese: A BILL TO AMEND SECTION 22-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT MAGISTRATES ISSUE RECEIPTS FOR ALL MONIES PAID AND COLLECTED, SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY WHEREIN A MAGISTRATE IS LOCATED TO CAUSE AN AUDIT AT LEAST ONCE EVERY FOUR YEARS OF ALL FUNDS RECEIVED AND DISBURSED BY THE MAGISTRATE.
Read the first time and referred to the Committee on Judiciary.
S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3581 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO EXPRESS THE SOUTH CAROLINA GENERAL ASSEMBLY'S AND THE STATE OF SOUTH CAROLINA'S SUPPORT FOR THE ORGAN AND TISSUE DONATION PROGRAMS AND TO MEMORIALIZE CONGRESS TO DESIGNATE THE WEEKS BEGINNING APRIL 18, 1993, AND APRIL 17, 1994, AS "NATIONAL ORGAN TISSUE DONOR AWARENESS WEEK" IN EACH OF THESE YEARS.
Whereas, a new patient is added to the national patient waiting list for an organ transplant every twenty minutes; and
Whereas, thousands of lives are saved or significantly improved annually by organ and tissue transplantation; and
Whereas, increasing the number of transplantable organs and tissues would save American taxpayers millions of dollars; and
Whereas, the General Assembly of South Carolina, by appropriate legislation, has shown its interest in and support for organ and tissue donation; and
Whereas, the awareness of the American people regarding this vital subject should also be strengthened. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina, by this resolution, memorializes Congress to designate the weeks beginning April 18, 1993, and April 17, 1994, as "National Organ and Tissue Donor Awareness Week" in each of these years.
Be it further resolved that the General Assembly of South Carolina requests President Bill Clinton to issue a proclamation calling upon the people of the United States to observe such weeks with appropriate programs, ceremonies, and activities.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the United States Senate; the United States House of Representatives; and all members of the South Carolina Congressional Delegation.
Senator MACAULAY moved that the Concurrent Resolution be adopted.
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 Concurrent Resolution was adopted, ordered returned to the House.
H. 3622 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING COACH BURNEY BOURNE, CHERAW HIGH SCHOOL FOOTBALL COACH, FOR BEING HONORED BY WBTW, CHANNEL 13, AS THE 1992 CO-COACH OF THE YEAR.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3623 -- Reps. Sheheen, Carnell, P. Harris, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. ALBERT B. SABIN, WORLD-RENOWNED DEVELOPER OF THE ORAL POLIO VACCINE AND MEDICAL UNIVERSITY OF SOUTH CAROLINA FACULTY MEMBER, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3624 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 18, 1993, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 18, 1993, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
Referred to the Committee on Invitations.
H. 3625 -- Reps. J. Harris, H. Brown and Spearman: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, AT 12:00 NOON, AND RECOGNIZING AND COMMENDING THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN THE PALMETTO STATE.
Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1993 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1993 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, invites the winners of the 1993 South Carolina Folk Heritage Awards and the members of the 1993 South Carolina Folk Heritage Awards Advisory Committee to attend a joint assembly of the House of Representatives and the Senate which shall be held in the Hall of the House of Representatives on Wednesday, April 28, 1993, at 12:00 noon and, further, by this resolution, recognizes and commends the 1993 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in the Palmetto State.
Referred to the Committee on Invitations.
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator HOLLAND a minority unfavorable report on:
S. 417 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
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".
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".
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.
(By prior motion of Senator J. VERNE SMITH)
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
S. 67 -- Senators Passailaigue, Rose and Rankin: A JOINT RESOLUTION TO CREATE A COMMUNITY DIVERSIFICATION PROGRAM TO HELP LOCAL COMMUNITIES THAT ARE RELIANT ON FEDERAL DEFENSE EXPENDITURES COPE WITH THE ANTICIPATED DECREASE IN DEFENSE SPENDING, AND TO CREATE THE ADVISORY COUNCIL ON ECONOMIC DIVERSIFICATION TO OVERSEE THE PROGRAM.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD416.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 11, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if:
(1) the invitations committee of either house of the General Assembly accepted the invitation; or
(2) the invitation was extended to the entire legislative delegation of the county represented by the member."
SECTION 2. This act takes effect upon approval by the Governor and applies retroactively to all statements of economic interests filed after December 31, 1991./ .
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD455.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 31, in Section 22-3-545, as contained in SECTION 1, by striking subsection (C) in its entirety and inserting therein the following:
/(C) All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 291 -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD291.001), which was adopted:
Amend the bill, as and if amended, page 3, line 41, as contained in Section 8-13-1346(C), as contained in SECTION 6, by striking line 41 and inserting therein the following:
/material on the merits, benefits, restrictions, and weaknesses of each/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 372 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.
On motion of Senator HAYES, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
Senator McCONNELL moved that the Bill be made a Special Order.
Senator McCONNELL argued in favor of the motion and Senator STILWELL argued contra.
Senator STILWELL moved to table the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Elliott Giese
Leventis Macaulay Moore
Patterson Peeler Rankin
Richter Rose Stilwell
Waldrep
Courson Courtney Drummond
Ford Hayes Holland
Lander Leatherman Martin
Matthews McConnell McGill
Mescher Mitchell O'Dell
Passailaigue Reese Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Thomas
Washington Williams Wilson
The Senate refused to table the motion. The question then was the motion to make the Bill a Special Order.
Senator MACAULAY, with unanimous consent, was granted leave to address brief remarks to the body.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Courtney Drummond
Hayes Lander Leatherman
Martin McConnell McGill
Mescher Mitchell O'Dell
Passailaigue Rankin Reese
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Thomas Washington Wilson
Cork Elliott Ford
Giese Glover Land
Leventis Macaulay Moore
Patterson Peeler Richter
Rose Stilwell Waldrep
Williams
Not having received the necessary vote, the motion failed.
H. 3404 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Legislative Council.
There was no objection.
Having voted on the prevailing side, Senator LEVENTIS asked unanimous consent to make a motion to reconsider the vote whereby the Senate read the Bill the third time.
There was no objection.
On motion of Senator LEVENTIS, the Bill was ordered placed on the Calendar without reference.
S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3356 -- Reps. Simrill, Kirsh and Meacham: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Senator DRUMMOND rose to a Point of Personal Interest.
Senator RICHTER rose to a Point of Personal Interest.
Senator WASHINGTON rose to a Point of Personal Interest.
Senator PATTERSON rose to a Point of Personal Interest.
Senator MITCHELL rose to a Point of Personal Interest.
Senator ELLIOTT rose to a Point of Personal Interest.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Albert Sabin, developer of the oral polio vaccine and former research professor of biomedicine at MUSC from November 1974 to June 1982.
Senator MOORE moved that when the Senate adjourns on Friday, March 5, 1993, it stand adjourned to meet next Tuesday, March 9, 1993, at 12:00 Noon, which motion was adopted.
At 12:45 P.M., on motion of Senator MATTHEWS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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