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, the Easter Seal people have changed their name, but enlarged their mission. They continue to need our help.
Hear St. Paul's words to the Galatians (6:2):
"Bear ye one another's burdens, and
So fulfill the law of Christ."
Let us pray.
Lord, we know that when the Bible speaks of "salvation" the writers have a broad concept in mind... embracing the "whole" person... the "whole society"... influenced negatively by human sin.
So, Father of us all, we thank You that in a world where so many things are "wrong"... and so many are struggling to survive... and so many face the future with uncertainty, we know that You care, and that Your caring and Your help are brought to the needy of the world through human hearts and hands that share Your love and concern.
And so, dear Lord, count us in Your fellowship of faith and healing of souls and bodies as the representative of "CHILDREN WITH DISABILITIES" join us in Joint Session today... at which time the STATE LIFE ABILITIES AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
In the Redeemer's Name.
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
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
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.
The following were received:
Document No. 1547
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Collection, Temporary Storage and Transportation of Solid Waste
Received by Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1993
Withdrawn and Resubmitted March 23, 1993
Document No. 1549
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Transfer of Solid Waste
Received by Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1993
Withdrawn and Resubmitted March 23, 1993
Document No. 1550
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Solid Waste Processing Facilities
Received by Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1993
Withdrawn and Resubmitted March 23, 1993
Columbia, S.C., March 24, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
Senator RICHTER rose to a Point of Personal Interest.
The following were introduced:
S. 588 -- Senator Reese: A BILL TO REPEAL, EFFECTIVE JULY 1, 1993, SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.
Read the first time and referred to the Committee on Judiciary.
S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Read the first time and referred to the Committee on Judiciary.
S. 590 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION, THE COMMISSIONER OF AGRICULTURE, AND THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THEY BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
Read the first time and referred to the Committee on Judiciary.
S. 591 -- Senators Rankin and Macaulay: A BILL TO AMEND SECTION 56-5-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PASSING LIMITATIONS FOR MOTOR VEHICLES SO AS TO PROVIDE THAT COMMERCIAL MOTOR VEHICLES MUST BE DRIVEN IN THE RIGHT LANE AT ALL TIMES EXCEPT WHEN PASSING ANOTHER VEHICLE AS AUTHORIZED BY THIS ARTICLE.
Read the first time and referred to the Committee on Transportation.
S. 592 -- Senator Rankin: A BILL TO AMEND SECTION 56-5-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPEED LIMITS IN THE STATE HIGHWAY SYSTEM BY THE DEPARTMENT SO AS TO PROVIDE FOR A REDUCED MAXIMUM SPEED LIMIT FOR COMMERCIAL MOTOR VEHICLES AS DEFINED IN SECTION 56-1-2030(6).
Read the first time and referred to the Committee on Transportation.
S. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator ELLIOTT, S. 593 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3763 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS FOR FIFTY YEARS OF OUTSTANDING SERVICE AS AN ADVOCATE OF SMALL BUSINESS AND TO DECLARE THE WEEK OF JUNE 27, 1993, AS "NATIONAL FEDERATION OF INDEPENDENT BUSINESS WEEK" IN SOUTH CAROLINA.
Whereas, the National Federation of Independent Business was founded in 1943 as a nonpartisan and nonprofit advocate of small business ownership and will celebrate its fiftieth anniversary the week of June 27, 1993; and
Whereas, the National Federation of Independent Business has unswervingly dedicated itself to defending the American free enterprise system based on private ownership, fair competition, and the opportunity to pursue entrepreneurship; and
Whereas, the National Federation of Independent Business is a faithful representative of the small business community, always relying on the opinion of its membership to determine its policy positions on legislative and regulatory issues; and
Whereas, the National Federation of Independent Business is South Carolina's largest small business advocacy group, representing more than eight thousand four hundred small business owners; and
Whereas, the grass roots approach to political education and activism employed by the National Federation of Independent Business plays an invaluable role in our democratic processes, assuring that South Carolina lawmakers and regulators understand how their decisions will affect the day-to-day operations and profitability of small business owners within their communities. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby congratulate the National Federation of Independent Business for fifty years of outstanding service as an advocate of small business and declare the week of June 27, 1993, as "National Federation of Independent Business Week" in South Carolina.
Be it further resolved that a copy of this resolution be presented to the National Federation of Independent Business representatives in South Carolina.
Referred to the Committee on Invitations.
H. 3764 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITY OF TEGA CAY FOR BEING THE FIRST YORK COUNTY MUNICIPALITY TO IMPLEMENT A VOLUNTEER RECYCLING PROGRAM.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3772 -- Reps. McMahand, J. Brown, Cobb-Hunter, White, Beatty, Anderson, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DR. S.C. CURETON OF GREENVILLE COUNTY ON HIS CANDIDACY FOR NEXT PRESIDENT OF THE NATIONAL BAPTIST CONVENTION, U.S.A., INC., AND CONGRATULATING HIM ON THE TWENTY-EIGHTH ANNIVERSARY OF HIS PASTORATE OF REEDY RIVER BAPTIST CHURCH IN GREENVILLE COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3734 -- Reps. Gonzales, R. Young, Hallman, Harrell, Fulmer, Hutson and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator ROSE from the Committee on Judiciary submitted a favorable report on:
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable report on:
S. 451 -- Senators Leatherman, Mitchell, Giese, Stilwell, Courtney, Greg Smith, Bryan and Passailaigue: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO REQUIRE A SYNOPSIS AND THE STATUTORY AUTHORITY FOR PROMULGATING A REGULATION IN THE DRAFTING NOTICE.
Ordered for consideration tomorrow.
Senator ROSE from the Committee on Judiciary submitted a majority favorable with amendment and Senator WILSON a minority unfavorable report on:
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Ordered for consideration tomorrow.
Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable report on:
S. 550 -- Senator Stilwell: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: 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.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
H. 3504 -- Reps. Stuart, Cromer and Gamble: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE THE NECESSARY FUNDING FOR THE IMPLEMENTATION OF A SERVICE WHICH CONGRESS MANDATES A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION TO PROVIDE AND TO RELIEVE AND EXEMPT A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ALL ENFORCEMENT OBLIGATIONS OR DUTIES IN SUCH SITUATIONS.
Ordered for consideration tomorrow.
S. 576 -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S AND WOMEN'S BASKETBALL TEAMS OF BENEDICT COLLEGE ON THEIR EXCELLENT SEASONS AND COACHES WILLIE WASHINGTON AND MARGARET ENGLISH JONES FOR BEING NAMED EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE (EIAC) COACHES OF THE YEAR FOR THEIR RESPECTIVE TEAMS.
Returned with concurrence.
Received as information.
Pursuant to the provisions of Rule 19, and with the approval of the Chairmen's Committee, Senator SETZLER stated that the schedule of the Senate Education Committee and the Senate Medical Affairs Committee will be as follows for the duration of the legislative session:
1st and 3rd Wednesdays Medical Affairs 9:00 a.m.
2nd and 4th Wednesdays Education 9:00 a.m.
The PRESIDENT appointed Senators LANDER, LEVENTIS, FORD and MESCHER to escort the Honorable Roger Munson, National Commander of the American Legion and members of his party to the House Chamber for the Joint Assembly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3563 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.
H. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.
Senator CORK explained the Bill.
Senator PASSAILAIGUE desired to be recorded as voting against second reading of the Bill.
H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.
H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (N05\7067BD.93), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-17-105 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3414 -- Reps. Farr, McCraw, Neilson, Boan, Rhoad, Phillips, Waldrop, McAbee, Stoddard, D. Wilder and Carnell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ACT AS MAY BE NECESSARY TO AVOID THE CLOSING OF DEPARTMENT OF AGRICULTURE OFFICES WHERE THE IMPACT OF SUCH CLOSINGS ON RURAL COUNTIES WOULD BE DETRIMENTAL.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Courtney
Drummond Elliott Giese
Glover Gregory Jackson
Lander Leatherman Martin
Matthews McConnell Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Reese
Rose Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Thomas Washington
Williams Wilson
Bryan Leventis Macaulay
Peeler Richter Stilwell
Waldrep
The Bill was made a Special Order.
S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Senator MOORE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Glover Gregory
Holland Leatherman Macaulay
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Washington Williams
Giese Land Lander
Mitchell Waldrep Wilson
The Bill was made a Special Order.
On motion of Senator MOORE, the Senate agreed to dispense with the remainder of the Motion Period.
At 11:55 A.M., on motion of Senator MOORE, the Senate receded from business for the purpose of attending the Joint Assembly.
At Twelve O'clock Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 3007 -- Reps. J. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 24, 1993, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993, AT WHICH TIME THE STATE LIFE ABILITIES AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Life Abilities Ambassadors, their parents, and members of their party were escorted to the rostrum.
The PRESIDENT then recognized Rep. Wilder, Chairman, Joint Committee for the Disabled.
Rep. Wilder introduced the following members who, in turn, introduced the State Life Abilities Ambassadors and guests:
Rep. Thomas and Senator GREG SMITH introduced Gerald David Avant, son of Mr. and Mrs. James Avant of Georgetown County;
Senator WALDREP and Rep. Chamblee introduced Jennifer Jill Ayers, daughter of Mr. and Mrs. Doug Ayers of Anderson County;
Rep. Littlejohn and Senator COURTNEY introduced Crockett Buchanan, son of Ms. Sherry Buchanan of Spartanburg County;
Senator PATTERSON and Rep. Brown introduced Idris Livingston, son of Ms. Betty Livingston of Richland County, who was ill and could not attend the presentation; and,
Senator LEVENTIS and Rep. McLeod introduced Alexander Thomas Sizemore, son of Mr. and Mrs. Anthony Sizemore of Sumter County.
Rep. Wilder also recognized Mr. Herman L. Shealy, Jr., Executive Director of Life Abilities; Pattie Just, State Campaign Chairperson; Lt. Jim McClary of SLED; John Caudle of the S.C. Law Enforcement Officers' Assoc.; the law enforcement personnel, and Mr. Thomas L. Sponseller and Buford Hancock of the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.
Directly following the Joint Assembly called for the "Children With Disabilities Day", the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 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.
The Honorable Roger Munson and members of his party were escorted to the rostrum by Senators LANDER, LEVENTIS, FORD and MESCHER and Representatives Williams, Spearman, J. Brown and Clyborne.
The PRESIDENT of the Senate introduced the Honorable Roger Munson, National Commander of the American Legion.
Commander Munson addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its chamber and was called to order by the PRESIDENT.
MOTION ADOPTED
On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph W. Owens of Moncks Corner, South Carolina.
At 1:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.
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