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, we note that when the disciples said to Jesus, "Lord, teach us to pray", He taught them to pray not only for "spiritual" gifts... but also to pray an "economics" prayer. Listen, St. Matthew (6:11):
"Give us this day
our daily bread."
Let us pray.
Lord, God... our Ever-present Creator... the Almighty One, how often we maximize our wants... and give chief place in our petitions for material gifts!
Help us, as we behold the hunger... and the hurts in the world... the undescribable human need abroad and in our own land... to realize that there is a real place in our prayers for material blessings!
May we also remember that to whom much is given much shall be required.
And, dear Master, lest we be less than honest with ourselves, motivate us to be willing to share the good things... that all may experience the good life... the GOD-LIFE!
So, as we pray for daily bread... and the sharing, may we also hallow Your Name... try to do Your will... and seek to bring in Your Kingdom... through Christ our Lord.
Amen.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER 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.
May 21, 1993
Mr. President and Members of the Senate:
At the request of the nominee, I respectfully request withdrawal from your consideration the appointment below.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1996:
4th Congressional District:
Mr. Donald F. Bolt, 7 Southbourne Court, Greenville, S.C. 29607
On motion of Senator PASSAILAIGUE, the Senate voted to accede to the Governor's request and return the appointment.
There was no objection.
May 26, 1993
HAND DELIVERED
The Honorable Carroll A. Campbell, Jr.
Governor
State House, 1st Floor, West Wing
P.O. Box 11369
Columbia, S.C. 29211
Dear Governor:
The Senate has acted favorably on your request to withdraw the appointment of Mr. Donald F. Bolt to succeed himself as a member of the Jobs Economic Development Authority, representing the Fourth Congressional District. Accordingly, I have attached hereto your original appointment and have entered this transmittal in the Journal of the Senate.
Respectfully,
Frank Caggiano
At 12:00 P.M., Senator PASSAILAIGUE requested a leave of absence for the balance of the day.
At 12:00 P.M., Senator RICHTER requested a leave of absence for the balance of the day.
Columbia, S.C., May 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Jaskwhich, Townsend and McTeer of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; (Abbreviated Title)
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Pursuant to Rule 33, Senator O'DELL moved to vary the order of business and proceed to that order on the Senate Calendar designated as "Concurrent Resolution".
Senator CORK objected.
The question then was the motion to vary the order of business and proceed to that order on the Senate Calendar designated as "Concurrent Resolution".
Senator STILWELL made a Parliamentary Inquiry as to whether or not a vote of three-fourths of those members present and voting was required.
The PRESIDENT stated that three-fourths of those members present and voting was required.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Elliott Giese Gregory
Hayes Holland Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Saleeby Setzler
Short Smith, G. Thomas
Waldrep Williams Wilson
Cork Courtney Matthews
Moore Ryberg Stilwell
The motion to vary the order of business was adopted.
THE SENATE PROCEEDED TO THE CONCURRENT RESOLUTION.
H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.
Senator McCONNELL spoke on the Concurrent Resolution.
Senator McCONNELL moved to adjourn debate on the Concurrent Resolution.
Senator CORK moved to table the motion to adjourn debate.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Ford
Land Mitchell Moore
Patterson Russell Ryberg
Stilwell Washington
Bryan Courson Drummond
Elliott Giese Gregory
Holland Lander Leatherman
Leventis Macaulay Martin
McConnell McGill Mescher
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Saleeby Short
Smith, G. Thomas Waldrep
Williams Wilson
Jackson
The Senate refused to table the motion to adjourn debate.
The question then was the motion to adjourn debate on the Concurrent Resolution.
Debate was adjourned on the Concurrent Resolution.
Pursuant to Rule 33, Senator McCONNELL moved to vary the order of business and revert to the order of business designated as "Receipt of Communications" which the Senate had already completed.
Senator STILWELL made a Parliamentary Inquiry as to whether or not the order of business designated as "Receipt of Communications" had been completed prior to the vote on the original motion to vary the order of business.
The PRESIDENT stated that the motion to vary the order of the business was made immediately following the conclusion of the Receipt of Communications.
Senator STILWELL asked unanimous consent to make a motion that the Senate return to the Morning Hour for the purpose of taking up those matters in the box.
There was no objection.
At 12:00 Noon, 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 Senate read the Concurrent Resolution:
S. 784 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2 WHOSE TERM EXPIRES JUNE 30, 1993; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 1 OF THE FAMILY COURT WHOSE UNEXPIRED TERM EXPIRES JUNE 3, 1998.
The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 2.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Curtis G. Shaw had been screened and found qualified.
Rep. Carnell moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Curtis G. Shaw was duly elected to the Court of Appeals, Seat No. 2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to the following positions:
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. John P. Gardner, Sr. and the Hon. William T. Howell had been screened and found qualified.
Senator WASHINGTON nominated the Honorable William T. Howell of Columbia, S.C., for the position of Chief Judge of the Court of Appeals, Seat No. 5.
Senators LAND, WILLIAMS, MESCHER, ROSE and MATTHEWS and Representatives Rhoad, H. Brown, Wofford, White, Harrelson, McTeer, Cobb-Hunter, Harvin, Inabinett, Keyserling, Riser, Shissias, Hallman, Fulmer, Harrell, A. Young, Stewart, Hutson, G. Bailey and Vaughn seconded the nomination.
Rep. Baxley nominated the Honorable John P. Gardner, Sr. of Columbia, S.C., for the position of Chief Judge of the Court of Appeals, Seat No. 5.
Senators MITCHELL, GLOVER, GIESE, DRUMMOND, LEATHERMAN, WILSON, WALDREP and LANDER and Representatives Cromer, McKay, Elliott, Neilson, Hines, Smith, Clyborne, Rudnick, Moody-Lawrence, Waldrop, Simrill, Marchbanks, Keegan, Witherspoon, McElveen, Wright, Gonzales, Kennedy, Sturkie, Tucker, Scott, Stille, Neal, Rogers, Felder and J. Bailey seconded the nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Gardner:
Bryan Courson Courtney
Drummond Elliott Giese
Glover Hayes Lander
Leatherman Leventis Macaulay
Martin McConnell Mitchell
Peeler Rankin Reese
Russell Smith, J.V. Waldrep
Wilson
The following named Senators voted for Mr. Howell:
Cork Gregory Jackson
Land Matthews McGill
Mescher Moore O'Dell
Patterson Rose Ryberg
Saleeby Setzler Short
Smith, G. Stilwell Thomas
Washington Williams
On motion of Rep. Cromer, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Gardner:
Alexander, T.C. Bailey, J. Baker
Barber Baxley Canty
Carnell Chamblee Clyborne
Cromer Elliott Farr
Felder Gonzales Graham
Harris, P. Harrison Haskins
Hines Houck Huff
Jennings Keegan Kennedy
Koon Marchbanks Martin
McAbee McCraw McElveen
McKay Moody-Lawrence Neal
Neilson Phillips Rogers
Rudnick Scott Simrill
Smith, D. Smith, R. Snow
Spearman Stille Stone
Sturkie Tucker Waites
Waldrop Walker Wilkins
Witherspoon Worley Wright
The following named Representatives voted for Mr. Howell:
Alexander, M.O. Allison Anderson
Askins Bailey, G. Boan
Breeland Brown, G. Brown, H.
Cato Cobb-Hunter Corning
Delleney Fair Fulmer
Gamble Govan Hallman
Harrell Harrelson Harris, J.
Harvin Hodges Hutson
Inabinett Jaskwhich Kelley
Keyserling Kirsh Klauber
Lanford Law Littlejohn
Mattos McMahand McTeer
Meacham Quinn Rhoad
Richardson Riser Robinson
Sharpe Sheheen Shissias
Stoddard Stuart Thomas
Townsend Trotter Vaughn
Wells Whipper White
Wilder, D. Wilder, J. Wilkes
Williams Wofford Young, A.
Young, R.
Total number of Senators voting 42
Total number of Representatives voting 115
Grand Total 157
Necessary to a choice 79
Of which Mr. Gardner received 76
Of which Mr. Howell received 81
Whereupon, the PRESIDENT announced that the Honorable William T. Howell was duly elected Chief Judge, Court of Appeals, Seat No. 5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat No. 1.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Paul W. Garfinkel, Frances P. "Charlie" Segars-Andrews, David A. Soderlund, Sr. and J. Seth Whipper had been screened and found qualified.
On motion of Senator McCONNELL, the names of Paul W. Garfinkel and David A. Soderlund, Sr. were withdrawn from consideration.
On motion of Rep. White, the name of Mr. J. Seth Whipper was withdrawn from consideration.
Rep. Hallman nominated Ms. Frances P. "Charlie" Segars-Andrews of Mt. Pleasant, S.C., for the position of Judge, Family Court, Ninth Judicial Circuit, Seat No. 1.
Reps. Marchbanks, Wells, Vaughn, Allison, Wilder, Simrill, Hutson, Elliott, Houck, McKay, Mattos and Davenport and Senators 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, GREG SMITH, J. VERNE SMITH, STILWELL, THOMAS, WALDREP, WASHINGTON, WILLIAMS and WILSON seconded the nomination.
Rep. Hallman moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Frances P. "Charlie" Segars-Andrews was duly elected Judge, Family Court, Ninth Judicial Circuit, Seat No. 1 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.
H. 4206 -- Reps. J. Wilder, Baxley, Walker and Shissias: A CONCURRENT RESOLUTION TO COMMEND THE GOVERNOR'S OFFICE AND THE STATE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, FOR THEIR EFFORTS IN THE GOVERNOR'S HEALTH POLICY AND DATA INTEGRATION PROJECT AND TO DEMONSTRATE SUPPORT OF PHASE II OF THIS PROJECT.
Senator MACAULAY asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.
There was no objection.
On motion of Senator MACAULAY, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
The Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 793 -- Senators Setzler and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DOROTHY TURNER OF WEST COLUMBIA, A TEACHER AT THE WIL LOU GRAY OPPORTUNITY SCHOOL, FOR AN EXEMPLARY FIFTY-YEAR CAREER IN EDUCATION AND TO WISH HER CONTINUED SUCCESS AS ONE OF SOUTH CAROLINA'S MOST OUTSTANDING TEACHERS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 794 -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND ACT 268 OF 1989, RELATING TO THE TAX MILLAGE AUTHORIZED TO BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE AUTHORIZED MILLAGE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 795 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-49-65 SO AS TO PROVIDE BOND REQUIREMENTS FOR ISSUANCE OF A LICENSE TO ENGAGE IN THE DAIRY PRODUCTS BUSINESS; AND TO REPEAL SECTION 46-49-80 RELATING TO LIABILITY FOR VIOLATIONS PERTAINING TO THE DAIRY PRODUCTS BUSINESS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 798 -- Senator Land: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RACCOON AND OPOSSUM SEASON IN GAME ZONE 9.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 799 -- Senator Williams: A BILL TO AMEND SECTION 8-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DELIVERY OF THE CODE AND CODE SUPPLEMENTS TO LOCAL OR LOCAL AND STATE OFFICERS AND EMPLOYEES, SO AS TO DELETE THE PROVISION STATING THE VALUE OF THE CODE AND SUPPLEMENTS AT TWENTY-FIVE DOLLARS.
Read the first time and referred to the Committee on Judiciary.
S. 800 -- Medical Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PATIENT COUNSELING, PROSPECTIVE DRUG REVIEW, AND PATIENT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 801 -- Senators Wilson, Setzler, Ryberg and Lander: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.
Read the first time and ordered placed on the Calendar without reference.
H. 4201 -- Reps. Carnell, McAbee, P. Harris and Stoddard: A CONCURRENT RESOLUTION TO REQUEST THE APPROPRIATE OFFICIALS OF BAMBERG COUNTY TO NAME THE NEW SENIOR CITIZENS CENTER OF THE BAMBERG COUNTY COUNCIL ON AGING AS "THE THOMAS AND CHESSIE RHOAD SENIOR CITIZENS CENTER".
Whereas, the Bamberg County Council on Aging is presently completing construction of a new senior citizens center in Bamberg County; and
Whereas, this magnificent new center will serve as a focal point for many varied and rewarding activities for senior citizens in Bamberg County; and
Whereas, Mrs. Chessie Rhoad, wife of The Honorable Thomas N. Rhoad, a fellow member of the General Assembly from Bamberg County, served as the first director of the Bamberg County Council on Aging and later as the chairman of its board; and
Whereas, Tom Rhoad played an instrumental role in developing the legislation which secured a portion of the funding of this fine center and also by his personal involvement helped secure the remainder of the necessary funds; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to these two distinguished South Carolinians if this new center were named in their honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the appropriate officials of Bamberg County are requested to name the new senior citizens center of the Bamberg County Council on Aging as "The Thomas and Chessie Rhoad Senior Citizens Center".
Be it further resolved that a copy of this resolution be forwarded to the Bamberg County Council on Aging.
The Concurrent Resolution was ordered placed on the local and uncontested Calendar for consideration tomorrow.
H. 4235 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND DOCTOR MICHAEL ROSS OF COLUMBIA UPON BEING AWARDED THE DOCTOR OF MINISTRY DEGREE FROM UNITED THEOLOGICAL SEMINARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4236 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE JOAN C. SCOTT OF COLUMBIA UPON BEING SELECTED A TWIN HONOREE BY THE YWCA OF THE MIDLANDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4238 -- Reps. Rudnick, Huff, Stone, Sharpe and R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE LONNIE A. GARVIN, SR. OF AIKEN COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3016 -- Reps. P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard and Baxley: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH REPORTING AND INVESTIGATING PROCEDURES; TO PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES; TO CREATE THE ADULT PROTECTION COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS 29 AND 30 OF TITLE 43.
Senator BRYAN spoke on the Bill.
Read the first time and on motion of Senator BRYAN, with unanimous consent, ordered placed on the Calendar without reference.
H. 4129 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence, Simrill and Hodges: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.
Read the first time and referred to the Committee on Finance.
H. 4178 -- Reps. Askins, Cobb-Hunter, Hines, Rhoad, Harrelson, Stuart, Spearman, Witherspoon, Govan, Shissias, Wright, Gamble, Riser, Wells, Waites and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-15 SO AS TO PROVIDE THAT IN THOSE AREAS OF THE COUNTY WHERE FIRE PROTECTION SERVICE IS OFFERED ON AN INDIVIDUAL CONTRACTUAL BASIS, THE COUNTY GOVERNING BODY MAY EXTEND FIRE PROTECTION TO THOSE LANDOWNERS WITHIN THE SERVICE AREA WHO ARE NOT SERVED BY A CONTRACT WITH ANOTHER POLITICAL SUBDIVISION.
Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.
H. 3955 -- Rep. D. Smith: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS COLLECTED IN EACH COUNTY, SO AS TO PROVIDE THAT THE FEE FOR EXPUNGING CRIMINAL RECORDS DOES NOT APPLY TO DEFENDANTS WHO HAVE SUCCESSFULLY COMPLETED A PRETRIAL INTERVENTION PROGRAM OR IN CASES WHERE THE UNDERLYING CHARGE IS DISMISSED, NOL PROSSED, OR WHERE THE DEFENDANT IS FOUND NOT GUILTY.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator HOLLAND, with unanimous consent, H. 3955 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.
Read the first time and referred to the Committee on Judiciary.
H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.
Read the first time and referred to the Committee on Finance.
H. 3937 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-12 SO AS TO PROVIDE THAT UNIFORM TRAFFIC TICKETS MAY NOT BE USED FOR PARKING OFFENSES.
Read the first time and referred to the Committee on Transportation.
H. 4008 -- Reps. McLeod, G. Brown, Canty, McElveen and Neal: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, and PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH and STATISTICAL SERVICES OF THE BUDGET and CONTROL BOARD DESIGNATED AS DOCUMENT P-85-93, PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE SUMTER COUNTY REGISTRATION and ELECTIONS COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SUMTER COUNTY LEGISLATIVE DELEGATION; TO REPEAL SECTION 7-7-502 RELATING TO THE DESIGNATION OF POLLING PLACES IN SUMTER COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LEVENTIS, with unanimous consent, H. 4008 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4219 -- Rep. Farr: A BILL TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LANDER, with unanimous consent, H. 4219 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3660 -- Reps. Wilkins, Waldrop, T.C. Alexander, Simrill, Felder, Wright, Riser, Harrison, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Sharpe, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, R. Smith, Townsend, Vaughn, Wells, Wofford, A. Young, R. Young, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Meacham: 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 on motion of Senator MACAULAY, with unanimous consent, ordered placed on the Calendar without reference.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Judiciary submitted a favorable report on:
H. 3370 -- Rep. Waldrop: A BILL TO AMEND SECTION 16-13-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A PERSON IS NOT GUILTY OF THE OFFENSE OF PETIT LARCENY FOR HIS FAILURE TO RETURN THE VIDEO OR CASSETTE TAPE WHERE THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RENTAL AGREEMENT IS TWO HUNDRED DOLLARS OR LESS UNLESS HE WILFULLY AND FRAUDULENTLY FAILS TO RETURN THE VIDEO OR CASSETTE TAPE WITHIN SEVENTY-TWO HOURS AFTER A LETTER DEMANDING RETURN OF THE VIDEO OR CASSETTE TAPE HAS BEEN MAILED TO HIM BY FIRST CLASS MAIL AT HIS LAST KNOWN ADDRESS BY THE OWNER OF THE VIDEO OR CASSETTE TAPE OR HIS AGENT.
Ordered for consideration tomorrow.
Senator WILLIAMS from the Committee on Judiciary submitted a favorable report on:
H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3868 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO EMERGENCY PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1522, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 3901 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR WIL LOU GRAY OPPORTUNITY SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1612, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.
On motion of Senator LAND, with unanimous consent, the Bill was given a second reading and ordered placed on the third reading calendar.
On motion of Senator LAND, with unanimous consent, H. 3530 was ordered to receive a third reading on Thursday, May 27, 1993.
Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:
Senator WILSON's written request that on Wednesday, June 2, 1993, Ms. Joy Tiller, Ms. Wheelchair South Carolina, be granted the Privilege of the Chamber, to that area behind the rail.
The report was adopted without objection.
At 1:00 P.M., Senator LEVENTIS assumed the Chair.
On motion of Senator STILWELL, with unanimous consent, Senators STILWELL, MOORE and JACKSON were granted leave beginning at 1:30 P.M., to attend a meeting of the Committee of Conference on H. 3546 and were granted leave to be counted in any quorum calls and be contacted for any roll call votes.
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 House returned the Bill with amendments.
Senator STILWELL proposed the following Amendment No. 3A (416R002.HSS), which was carried over:
Amend the amendment proposed by Senator Courson bearing Document No. JUD416.011, as and if amended, by striking the / . / in item (2) and inserting the following:
/ , or
(3) or eligible to offer as a candidate for a statewide elective office. /
Amend title to conform.
Senator STILWELL explained the amendment.
Senators WILLIAMS and MITCHELL argued contra to the adoption of the amendment.
Senator COURSON spoke on the amendment.
On motion of Senator BRYAN, with unanimous consent, the amendment was carried over.
Senator PASSAILAIGUE proposed the following Amendment No. 3B (416R003.ELP), which was carried over:
Amend the amendment proposed by Senator Courson bearing Document No. JUD416.011, as and if amended, by inserting a new paragraph at the end to read:
/ Any person holding a position referenced in subsections (1) and (2) of this section who was elected or confirmed within two years of the effective date of this section must vacate that office sixty days after the effective date of this section and may not serve in holdover status. /
Amend title to conform.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 3B was carried over.
Senator COURSON proposed the following Amendment No. 3 (JUD416.011), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 2-1-100 of the 1976 Code is amended to read:
"Section 2-1-100. No Senator or Representative shall, during the time for which he was elected, be elected by the General Assembly or appointed by any executive authority to any civil office under the dominion of this State which shall have been created during the time for which such Senator or Representative was elected to serve in the General Assembly. A member of the General Assembly or a former member within two years of the end of the former member's term must not be:
(1) elected to an office which the General Assembly elects, or
(2) appointed to an office by the Governor with the advice and consent of the Senate or of the General Assembly."/
Amend title to conform.
Senator COURSON explained the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Elliott
Giese Hayes Lander
Leventis Martin McConnell
McGill Mitchell O'Dell
Peeler Rankin Reese
Saleeby Short Smith, G.
Thomas Waldrep Washington
Williams
Cork Courson Gregory
Mescher Rose Russell
Ryberg Setzler Wilson
Macaulay
The amendment was laid on the table.
On motion of Senator STILWELL, with unanimous consent, Amendment No. 3A (416R002.HSS) was withdrawn.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 3B (416R003.ELP) was withdrawn.
The Bill was returned to the House with amendments.
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.
The House returned the Bill with amendments.
On motion of Senator WASHINGTON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 791 -- Senator Thomas: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO COMMUNITY AND STATE OF MR. LEVIS L. GILSTRAP, JR., OF GREENVILLE COUNTY.
Returned with concurrence.
Received as information.
S. 792 -- Senators Setzler and Leventis: A CONCURRENT RESOLUTION TO COMMEND DR. WILLIAM F. "BILL" PUTNAM, SENIOR ASSOCIATE DEAN AND PROFESSOR OF ECONOMICS AT THE UNIVERSITY OF SOUTH CAROLINA COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS EXEMPLARY SERVICE TO THE UNIVERSITY UPON HIS RETIREMENT AS DEAN.
Returned with concurrence.
Received as information.
Columbia, S.C., May 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Boan and Clyborne of the Committee of Conference on the part of the House on:
H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; (Abbreviated Title)
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and PATTERSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
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. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
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.
H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (H3424.001), which was adopted:
Amend the bill, as and if amended, page 5, line 31, by striking SECTION 4 and inserting therein the following:
/ SECTION 4. Section 38-77-950 of the 1976 Code is amended to read:
"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The commissioner shall prohibit unreasonable or excessive utilization of the facility. A prima facie case of excessive or unreasonable utilization is established upon a showing that an automobile insurance insurer or a group of insurers under the same management has ceded or is about to cede more than thirty-five percent of total direct cedeable written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement of the insurer or group. Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).
Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four months following October 1, 1993." / .
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION at the end of the bill and inserting therein the following:
/ SECTION 5. Joint Resolution of 1993 bearing ratification number 136, is amended page 1, SECTION 2, by striking SECTION 2 and inserting therein the following:
"SECTION 2. Any contract or agreement currently in force for the provision of services to the South Carolina Reinsurance Facility by a designated carrier, nonprofit service association of insurance companies, or other company not otherwise excluded by Section 4 is terminated not later than September 30, 1993, or the specified termination date, whichever comes first. SECTION 2. Any contract or agreement currently in force for the provision of services to the South Carolina Reinsurance Facility by a designated carrier, nonprofit service association of insurance companies, or other company not otherwise excluded by Section 4 is terminated not later than May 1, 1994, or the specified termination date, whichever comes first." /
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator DRUMMOND desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 3797 -- Reps. J. Wilder and Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ALLENDALE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL proposed the following amendment (JUD3553.002), which was withdrawn:
Amend the committee report, as and if amended, page [3553-2], beginning on line 40, in Section 22-1-10(C)(1), as contained in SECTION 2, by striking subitem (d) in its entirety and inserting therein the following:
/ (d) Every magistrate shall pass a recertification examination prior to reappointment for a new term. / .
Amend title to conform.
Senator McCONNELL explained the amendment.
The Judiciary Committee proposed the following amendment (JUD3553.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 14-25-26. (A) Any municipal judge appointed for the first time to any term commencing after January 1, 1994, shall serve initially for a six-month probationary period during which the municipal judge must complete the minimum training program established by the Supreme Court or its designee and satisfactorily complete a certification examination. Failure to pass the certification examination shall preclude the municipal judge from serving beyond the six-month probationary period. All municipal judges who are serving in office on the effective date of this section are required to satisfactorily complete the minimum training program and satisfactorily complete a certification examination prior to reappointment for a new term.
(B) Upon notification from the Supreme Court or its designee of the failure of a municipal judge to comply with subsection (A), the Governor must immediately remove the municipal judge from office. No municipal judge may hold over in office upon notification of his failure to meet the qualification standards contained in this section."
SECTION 2. Section 22-1-10 of the 1976 Code, as last amended by Act 136 of 1991, is further amended by adding:
"(C) Notwithstanding any other provision of law relating to the terms and qualifications of magistrates:
(1) All magistrates shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year.
(a) Magistrates appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 1995, whichever is later.
(b) Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this act, shall pass a certification examination before April 30, 1995.
(c) Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 1996.
(d) Every magistrate shall pass a recertification examination within eight years after passing the initial certification examination, and at least once every eight years thereafter.
(2) If any magistrate does not comply with these training or examination requirements, his office is declared vacant on the date the time expires, or when he is notified, as provided in subsection (D), whichever is earlier.
(D) Upon written notification of the Supreme Court or its designee to the affected magistrate and the Governor of the failure of the magistrate to complete the training program or pass the certification examination required pursuant to subsection (C), the magistrate's office is declared vacant, the magistrate does not hold over, and the Governor shall appoint a successor in the manner provided by law."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator BRYAN 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.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4198 -- Rep. Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE DATE ON THE MAP WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS.
(By prior motion of Senator SALEEBY)
H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.
H. 3506 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-65 SO AS TO DEFINE THE TIME FOR THE APPEAL OF AD VALOREM PROPERTY TAX ASSESSMENTS FOR CERTAIN PERSONAL PROPERTY.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
(By prior motion of Senator J. VERNE SMITH, with unanimous consent)
H. 3562 -- Rep. Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BAMBERG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MATTHEWS proposed the following amendment (436\11409AC.93), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 24, by inserting after /the/ /House members and a majority of the Senate members of the/; on line 28, by striking /four/, by inserting after /members/ /appointed to Seats 1, 3, 4, and 6/, and by striking /receive/ and inserting /serve terms of four years and members appointed to Seats 2, 5, and 7 shall serve/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MATTHEWS, with unanimous consent, H. 3562 was ordered to receive a third reading on Thursday, May 27, 1993.
H. 4192 -- Reps. Wright, Gamble and Spearman: A BILL TO ABOLISH THE LEXINGTON COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES ON THE RESPECTIVE SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY.
On motion of Senator WILSON, the Bill was referred to the local delegation.
H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
On behalf of the Chairmen's Committee, Senator PEELER moved that the Bill be made a Special Order.
The Bill was made a Special Order.
Having received a favorable report from the Committee on Education, on motion of Senator SETZLER, the following appointment was confirmed:
Reappointment, Member, State Board of Technical and Comprehensive Education, with term to expire July 1, 1999:
3rd Congressional District:
Mr. P. Henderson Barnette, Post Office Box 188, Greenwood, S.C. 29648
MOTION ADOPTED
On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Michael Henderson of Newberry, South Carolina, beloved son of General J. W. Henderson, former Deputy Adjutant General of South Carolina.
At 1:50 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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