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 words from St. Paul to Titus (3:8):
"This is a faithful saying,
And these things I will
that you affirm constantly,
That they which have believed in God
Might be careful to maintain good works."
Let us pray.
Our Father, even as we give thanks to You that we have much work to do, we pray that we shall not be overwhelmed by the volume of decisions yet to be made... in so short a time.
We pray again... and again... for the gift of patience with each other that we may do our work... together!
Where we differ with each other, help us to discover common ground that we may move forward toward our mutual goals.
Raise up for us standards of achievement, and so motivate us that we shall not this day be pleased with anything less than our best effort.
Most of all, we pray that You will favor us with a warm sense of Your presence in all that is going on here.
We beseech Your companionship along our way... in Jesus' Name.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., May 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
asks for a Committee of Conference, and has appointed Reps. J. Wilder, Wofford and Neal of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators GIESE, MATTHEWS and REESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HOLLAND, with unanimous consent, H. 3428 was ordered to receive a third reading on Friday, May 28, 1993.
H. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.
Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
On motion of Senator BRYAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following were introduced:
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below:
When the respective houses adjourn on Thursday, June 3, 1993, at 5:00 p.m., each House shall stand adjourned to meet in statewide session at 10:00 a.m. on Thursday, June 17, 1993, for the consideration of gubernatorial vetoes, provided that, the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 10, 1993, for the ratification of acts which have been enrolled prior to that date and provided further that when the General Assembly adjourns on Thursday, June 17, 1993, it shall stand adjourned Sine Die not later than 5:00 p.m.
Senator HOLLAND spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 804 -- Senator Cork: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADMISSIONS TAX AND THE EXEMPTIONS THEREFROM, SO AS TO EXEMPT ANNUAL OR MONTHLY FEES OR DUES PAID TO FOR-PROFIT COUNTRY CLUBS, AND TO DEFINE THE TERM COUNTRY CLUB FOR THIS PURPOSE.
Read the first time and referred to the Committee on Finance.
S. 805 -- Senators Matthews and Williams: A BILL TO AMEND ACT 201 OF 1991, RELATING TO THE ELECTION OF ORANGEBURG COUNTY SCHOOL DISTRICT TRUSTEES, SO AS TO PROVIDE THAT THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION SHALL APPOINT A TRUSTEE TO FILL AN UNEXPIRED TERM WHEN A VACANCY OCCURS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MATTHEWS, S. 805 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 806 -- Senators Martin and Macaulay: A SENATE RESOLUTION COMMENDING MARY D. DUSENBERRY FOR HER SERVICE ON THE TRI-COUNTY AREA COMMISSION FOR TECHNICAL EDUCATION.
The Senate Resolution was adopted.
H. 4244 -- Reps. Graham, T.C. Alexander, G. Bailey, Barber, Baxley, H. Brown, Canty, Carnell, Cato, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Gamble, Govan, Hallman, Harrell, Harrison, Harvin, Harwell, Holt, Hutson, Inabinett, Kelley, Keyserling, Klauber, Koon, Law, Mattos, McAbee, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rogers, Rudnick, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Trotter, Tucker, Waites, Wells, Whipper, Wilkes, Wofford, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND AGENCIES INVOLVED IN "OPERATION CHILD ALERT" IN SOUTH CAROLINA FOR THEIR EFFORTS IN ATTEMPTING TO HELP PROMPTLY RECOVER CHILDREN UNDER THE AGE OF TWELVE WHO ARE ABDUCTED OR ARE OTHERWISE MISSING UNDER SUSPICIOUS OR UNLAWFUL CIRCUMSTANCES, AND TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO ALLOW "OPERATION CHILD ALERT" TO BECOME PART OF THE EMERGENCY BROADCASTING SYSTEM, THEREBY GIVING NATIONAL EXPOSURE TO THESE CASES.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4231 -- Rep. Elliott: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 3 IN MARION COUNTY TO BORROW NOT EXCEEDING THREE HUNDRED THOUSAND DOLLARS FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT; TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD; AND TO PROVIDE THAT THE INTEREST EARNED IS NOT TAXABLE INCOME OR SUBJECT TO INSURANCE PREMIUM TAXES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McGILL proposed the following amendment (4231R001.JYM), which was adopted.
Amend the bill, as and if amended, page 2, SECTION 5, line 31, by adding after the word / is / the following:
/ not /
Amend title to conform.
On motion of Senator McGILL, with unanimous consent, H. 4231 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; AND TO MAKE GRAMMATICAL CHANGES; (Abbreviated Title)
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
The House returned the Bill with amendments.
Senator HAYES explained the amendments.
On motion of Senator HAYES, 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. 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.
Returned with concurrence.
Received as information.
S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, 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 Bills 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. 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. 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. 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.
(By prior motion of Senator LAND, with unanimous consent)
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
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 third reading of the Bill.
Senator MATTHEWS proposed the following amendment (3562R001.JWM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION . Section 1(1) of Act 201 of 1991 is amended to read:
"(1) those powers and duties related to the election of trustees of the boards for the school districts of the county devolve upon the Orangeburg County Election Commission; however, if a vacancy occurs on a school district board, the Orangeburg County Legislative Delegation shall appoint a trustee to fill the unexpired term;" /
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. 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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MATTHEWS proposed the following amendment (436\11408AC.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 third time and ordered returned to the House of Representatives with amendments.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
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 McGILL, with unanimous consent, Amendment No. 1 (4733DW.93) proposed by Senator McGILL and previously printed in the Journal of Tuesday, May 18, 1993, was withdrawn.
H. 3589 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUDIT STANDARDS FOR THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO DELAY THE IMPLEMENTATION DATE FROM THE 1993 TAX YEAR TO JULY 1, 1994, AND TO CLARIFY THAT THE STANDARDS APPLY ON A FISCAL YEAR RATHER THAN A TAX YEAR BASIS.
Senator DRUMMOND explained the Bill.
H. 3609 -- Rep. Kirsh: A BILL TO REPEAL SECTIONS 4-13-110, 11-3-180, 12-37-60, 12-37-630, 12-37-640, 12-37-650, 12-37-660, 12-37-770, 12-37-790, 12-37-880, 12-37-2700, 12-39-70, 12-39-80, 12-39-90, 12-39-110, 12-39-130, 12-39-230, 12-39-240, 12-39-300, 12-39-330, 12-45-50, 12-45-100, 12-45-110, 12-45-130, 12-45-190, 12-45-200, 12-45-210, 12-45-240, 12-45-250, 12-45-290, 12-45-330, 12-45-350, 12-45-370, 12-45-380, 12-47-20, 12-47-30, AND CHAPTER 55 OF TITLE 12 ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO OBSOLETE FUNCTIONS OF COUNTY TREASURERS AND AUDITORS, THE COMPTROLLER GENERAL, AND OUTDATED AD VALOREM TAX PROVISIONS.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (N05\7331BD.93), which was adopted:
Amend the bill, as and if amended, Section 43-35-10(3)(a), SECTION 1, page 3, line 3, after /against the/ by inserting /reasonable and rational/ and line 6, after /care/ by inserting /or which is prescribed or authorized by a licensed physician attending the patient/.
Amend further, Section 43-35-10(8), page 4, by striking the sentence beginning on line 10 and inserting:
/Physical abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional or that is part of a written plan of care by a licensed physician or other qualified professional is not considered physical abuse./
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 and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
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.
(By prior motion of Senator LEVENTIS)
H. 4219 -- Rep. Farr: A BILL TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
(By prior motion of Senator LANDER)
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.
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.
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.
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.
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.
(On motion of Senator WILSON)
On motion of Senator WILSON, S. 801 was ordered to receive a third reading on Friday, May 28, 1993.
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 R. 136 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.
On motion of Senator SALEEBY, with unanimous consent, S. 802 was ordered to receive a third reading on Friday, May 28, 1993.
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.
(By prior motion of Senator HOLLAND, with unanimous consent)
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.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4178 was ordered to receive a third reading on Friday, May 28, 1993.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE proposed the following amendment (794R001.TLM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Act 268 of 1989 is amended to read:
"For the year 1989 1993 and thereafter, a tax millage of eighty-four eighty-eight and three-tenths mills is authorized to be levied by the Aiken County Board of Education for the operations of the school district of Aiken County."
SECTION 2. This act takes effect upon approval by the Governor. /
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 MOORE, with unanimous consent, S. 794 was ordered to receive a third reading on Friday, May 28, 1993.
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.
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 (JUD3057.004), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 24, in Section 16-3-1075, as contained in SECTION 1, by striking lines 24 through 36 and inserting therein the following:
/ "Section 16-3-1075. (A) For purposes of this section, `great bodily injury' has that meaning as defined in Section 56-5-2945(B).
(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:
(1) be imprisoned not more than fifteen /
Amend the bill further, as and if amended, page 1, by adding an appropriately numbered SECTION to read:
/ SECTION . The felony offense of carjacking as defined by Section 16-3-1075 is hereby added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code. / .
Renumber sections to conform.
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.
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".
The Concurrent Resolution was adopted, ordered returned to the House.
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".
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, 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.
Senator PASSAILAIGUE argued in favor of the third reading of the Bill.
Senator MACAULAY spoke on the Bill.
Senator McCONNELL proposed the following Amendment No. 2 (JUD521.002), which was adopted:
Amend the bill, as and if amended, page 3, line 10, in Section 6-31-10(D), as contained in SECTION 1, by striking /article/ and inserting:
/ chapter / .
Amend the bill further, as and if amended, page 8, line 21, in Section 6-31-90(A), as contained in SECTION 1, after the word /include/ by inserting
/ a /.
Amend the bill further, as and if amended, page 9, line 33, in Section 6-31-110(A), as contained in SECTION 1, after the word /other/ by inserting the following:
/ regarding matters addressed in the development agreement / .
Amend the bill further, as and if amended, page 11, beginning on line 7, as contained in SECTION 1, by inserting therein the following:
/ Section 6-31-145. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply at the time the obligation to incur such debt becomes enforceable against the local government with any applicable constitutional and statutory procedures for the approval of this debt. /.
Amend the bill further, as and if amended, page 11, line 15, by striking / " /.
Amend the bill further, as and if amended, page 11, beginning on line 16, as contained in SECTION 1, by inserting therein the following:
/ Section 6-31-160. Notwithstanding any other provision of law, a development agreement adopted pursuant to this chapter must comply with any building, housing, electrical, plumbing, and gas codes subsequently adopted by the governing body of a municipality or county as authorized by Chapter 9 of Title 6. Such development agreement may not include provisions which supersede or contravene the requirements of any building, housing, electrical, plumbing, and gas codes adopted by the governing body of a municipality or county." /.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator MACAULAY spoke on the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 3 (JUD521.003), which was adopted:
Amend the bill, as and if amended, page 5, line 17, in Section 6-31-30, as contained in SECTION 1, by striking /the appropriate local government/ and inserting therein the following:
/ a county or municipality /.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 4 (JUD521.005), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 20, by striking Section 6-31-40, as contained in SECTION 1, in its entirety and inserting therein the following:
/ "Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and developer shall elect./
Amend the bill further, as and if amended, page 5, line 30, in Section 6-31-50, as contained in SECTION 1, by striking /one/ and inserting:
/ two /.
Amend the bill further, as and if amended, page 5, following line 44, in Section 6-31-50, as contained in SECTION 1, by adding a subsection to read:
/ (C) In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to defined completion percentages or other defined performance standards to be met by the developer. /.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 5 (JUD521.008), which was adopted:
Amend the bill, as and if amended, page 7, beginning on line 4, in Section 6-31-60, as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:
/ (B) A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to Section 6-31-90, but must be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. If the developer requests a modification in the dates as set forth in the agreement and is able to demonstrate and establish that there is good cause to modify those dates, those dates must be modified by the local government. A major modification of the agreement may occur only after public notice and a public hearing by the local government. /
Amend title to conform.
Senator RICHTER argued contra to the adoption of the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senators RICHTER and GIESE desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senators GIESE, COURSON, WALDREP and MACAULAY desired to be recorded as voting against the third reading of the Bill.
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".
Senator PASSAILAIGUE asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (3372R001.ELP), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Title 6 of the 1976 Code is amended by adding:
Section 6-31-10. (A) This chapter may be cited as the `South Carolina Local Government Development Agreement Act'.
(B) The General Assembly finds:
(1) The lack of certainty in the approval of development can result in a waste of economic and land resources, can discourage sound capital improvement planning and financing, can cause the cost of housing and development to escalate, and can discourage commitment to comprehensive planning.
(2) Assurance to a developer that upon receipt of its development permits it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, reduces the economic costs of development, allows for the orderly planning of public facilities and services, and allows for the equitable allocation of the cost of public services.
(3) Because the development approval process involves the expenditure of considerable sums of money, predictability encourages the maximum efficient utilization of resources at the least economic cost to the public.
(4) Public benefits derived from development agreements may include, but are not limited to, affordable housing, design standards, and on- and off-site infrastructure and other improvements. These public benefits may be negotiated in return for the vesting of development rights for a specific period.
(5) Land planning and development involve review and action by multiple governmental agencies, the use of development agreements may facilitate the cooperation and coordination of the requirements and needs of the various governmental agencies having jurisdiction over land development.
(6) Development agreements will encourage the vesting of property rights by protecting such rights from the effect of subsequently enacted local legislation or from the effects of changing policies and procedures of local government agencies which may conflict with any term or provision of the development agreement or in any way hinder, restrict, or prevent the development of the project. Development agreements will provide a reasonable certainty as to the lawful requirements that must be met in protecting vested property rights, while maintaining the authority and duty of government to enforce laws and regulations which promote the public safety, health, and general welfare of the citizens of our State.
(C) It is the intent of the General Assembly to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.
(D) This intent is effected by authorizing the appropriate local governments and agencies to enter into development agreements with developers, subject to the procedures and requirements of this chapter.
(E) This chapter must be regarded as supplemental and additional to the powers conferred upon local governments and other government agencies by other laws and must not be regarded as in derogation of any powers existing on the effective date of this chapter.
Section 6-31-20. As used in this chapter:
(1) `Comprehensive plan' means the master plan adopted pursuant to Sections 6-7-510, et seq., 5-23-490, et seq., or 4-27-600 and the official map adopted pursuant to Section 6-7-1210, et seq.
(2) `Developer' means a person, including a governmental agency, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.
(3) `Development' means the planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. `Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, `development' refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.
(4) `Development permit' includes a building permit, zoning permit, subdivision approval, rezoning certification, special exception, variance, or any other official action of local government having the effect of permitting the development of property.
(5) `Governing body' means the county council of a county, the city council of a municipality, the governing body of a consolidated political subdivision, or any other chief governing body of a unit of local government, however designated.
(6) `Land development regulations' means ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes a local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of property.
(7) `Laws' means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by a local government affecting the development of property and includes laws governing permitted uses of the property, governing density, and governing design, improvement, and construction standards and specifications, except as provided in Section 6-31-140 (A).
(8) `Property' means all real property subject to land use regulation by a local government and includes the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as a part of real property.
(9) `Local government' means any county, municipality, special district, or governmental entity of the State, county, municipality, or region established pursuant to law which exercises regulatory authority over, and grants development permits for land development or which provides public facilities.
(10) `Local planning commission' means any planning commission established pursuant to Sections 4-27-510, 5-23-410, or 6-7-320.
(11) `Person' means an individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity.
(12) `Public facilities' means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
Section 6-31-30. A local government may establish procedures and requirements, as provided in this chapter, to consider and enter into development agreements with developers. A development agreement must be approved by the governing body of a county or municipality by the adoption of an ordinance.
Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and developer shall elect.
Section 6-31-50. (A) Before entering into a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, the public hearing may be held by the local planning commission.
(B) (1) Notice of intent to consider a development agreement must be advertised in a newspaper of general circulation in the county where the local government is located. If more than one hearing is to be held, the day, time, and place at which the second public hearing will be held must be announced at the first public hearing.
(2) The notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.
(C) In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to defined completion percentages or other defined performance standards to be met by the developer.
Section 6-31-60. (A) A development agreement must include:
(1) a legal description of the property subject to the agreement and the names of its legal and equitable property owners;
(2) the duration of the agreement. However, the parties are not precluded from extending the termination date by mutual agreement or from entering into subsequent development agreements;
(3) the development uses permitted on the property, including population densities and building intensities and height;
(4) a description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development;
(5) a description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of entering into the development agreement;
(6) a description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms, or restrictions;
(7) a finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations;
(8) a description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and
(9) a description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(B) A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to Section 6-31-90, but must be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. If the developer requests a modification in the dates as set forth in the agreement and is able to demonstrate and establish that there is good cause to modify those dates, those dates must be modified by the local government. A major modification of the agreement may occur only after public notice and a public hearing by the local government.
(C) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.
(D) The development agreement also may cover any other matter not inconsistent with this chapter not prohibited by law.
Section 6-31-70. A development agreement and authorized development must be consistent with the local government's comprehensive plan and land development regulations.
Section 6-31-80. (A) Subject to the provisions of Section 6-31-140 and unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement, are those in force at the time of execution of the agreement.
(B) Subject to the provisions of Section 6-31-140, a local government may apply subsequently adopted laws to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
(1) the laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;
(2) they are essential to the public health, safety, or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;
(3) the laws are specifically anticipated and provided for in the development agreement;
(4) the local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the local government, would pose a serious threat to the public health, safety, or welfare; or
(5) the development agreement is based on substantially and materially inaccurate information supplied by the developer.
(C) This section does not abrogate any rights preserved by Section 6-31-140 herein or that may vest pursuant to common law or otherwise in the absence of a development agreement.
Section 6-31-90. (A) Procedures established pursuant to Section 6-31-40 must include a provision for requiring periodic review by the zoning administrator, or, if the local government has no zoning administrator, by an appropriate officer of the local government, at least every twelve months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement.
(B) If, as a result of a periodic review, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(C) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, that the local government has first given the developer the opportunity:
(1) to rebut the finding and determination; or
(2) to consent to amend the development agreement to meet the concerns of the local government with respect to the findings and determinations.
Section 6-31-100. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
Section 6-31-110. (A) Except as otherwise provided in Section 6-31-130 and subject to the provisions of Section 6-31-140, if a newly- incorporated municipality or newly-annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed fifteen years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the unincorporated territory of the county.
(B) After incorporation or annexation the municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement, or the residents of the municipality, or both, in a condition dangerous to their health or safety, or both.
(C) This section applies to any development agreement which meets all of the following:
(1) the application for the development agreement is submitted to the local government operating within the unincorporated territory before the date that the first signature was affixed to the petition for incorporation or annexation or the adoption of an annexation resolution pursuant to Article 1 or 2 of Title 5; and
(2) the local government operating within the unincorporated territory enters into the development agreement with the developer before the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election before the date that the municipality orders the annexation.
Section 6-31-120. Within fourteen days after a local government enters into a development agreement, the developer shall record the agreement with the register of mesne conveyance or clerk of court in the county where the property is located. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
Section 6-31-130. In the event state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement must be modified or suspended as may be necessary to comply with the state or federal laws or regulations.
Section 6-31-140. (A) The provisions of this act are not intended nor may they be construed in any way to alter or amend in any way the rights, duties, and privileges of suppliers of electricity or natural gas or of municipalities with reference to the provision of electricity or gas service, including, but not limited to the generation, transmission, distribution, or provision of electricity at wholesale, retail, or in any other capacity.
(B) This chapter is not intended to grant to local governments or agencies any authority over property lying beyond their corporate limits.
Section 6-31-145. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply at the time the obligation to incur such debt becomes enforceable against the local government with any applicable constitutional and statutory procedures for the approval of this debt.
Section 6-31-150. If Section 6-31-140 or any provision therein or the application of any provision therein is held invalid, the invalidity applies to this act in its entirety, to any and all provisions of the act, and the application of this act or any provision of this act, and to this end the provisions of Section 6-31-140 of this act are not severable.
Section 6-31-160. Notwithstanding any other provision of law, a development agreement adopted pursuant to this chapter must comply with any building, housing, electrical, plumbing, and gas codes subsequently adopted by the governing body of a municipality or county as authorized by Chapter 9 of Title 6. Such development agreement may not include provisions which supersede or contravene the requirements of any building, housing, electrical, plumbing, and gas codes adopted by the governing body of a municipality or county."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, with unanimous consent, H. 3372 was ordered to receive a third reading on Friday, May 28, 1993.
On motion of Senator SETZLER, with unanimous consent, Senators SETZLER, MACAULAY and WASHINGTON were granted leave beginning at 12:45 P.M., to attend a meeting of the Committee of Conference on S. 329 and were granted leave to be counted in any quorum calls and be contacted for any roll call votes.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator WILLIAMS asked unanimous consent to make a motion that when the Senate stands adjourned on Friday, May 28, 1993, that the Senate stand adjourned to meet at 12:00 Noon, on Tuesday, June 1, 1993, provided that the President Pro Tempore is authorized to call the Senate into statewide session on Monday, May 31, 1993, if he determines that a statewide session is necessary.
There was no objection.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
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 O'DELL argued in favor of the adoption of the Concurrent Resolution and Senator CORK argued contra.
Senators ROSE and BRYAN argued in favor of the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Elliott
Giese Gregory Hayes
Holland Lander Leventis
Macaulay Martin McConnell
McGill Mescher O'Dell
Passailaigue Peeler Rankin
Reese Richter Rose
Saleeby Setzler Short
Smith, G. Thomas Waldrep
Williams Wilson
Cork Courtney Ford
Glover Land Matthews
Mitchell Moore Patterson
Russell Ryberg Smith, J.V.
Stilwell Washington
Jackson
The Concurrent Resolution was adopted, ordered returned to the House.
To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision regarding the adoption of H. 4170, as there are pending contractual negotiations between The Citadel and a business with which I am associated.
I voted for H. 4170 but did so with great ambivalence. I believe that The Citadel could adjust successfully to women in the Corps of Cadets and vice versa and regret that qualified applicants who happen to be female cannot obtain the benefits of the unique education at The Citadel.
However, there is a rational basis for providing the option of single-gender education because of its proven benefits to society, and many South Carolinians, including probably most of my constituents, want to retain this option. Moreover, the single-gender education at The Citadel provides an important and unique source of training of professional military leaders to supplement the federal service academies. America achieved its objectives in Operation Desert Storm in large part due to superior military leadership and training, acquired among many officers at every level of command at The Citadel and similar military colleges. We need not to change radically this professional military culture, training, and mindset unless we understand fully the resulting consequences because once out, "the toothpaste cannot be put back in the tube."
Due to the complexity of the issues involved (including the role of taxpayer money indirectly given to single-gender female colleges in South Carolina through the Tuition Grants Program and other sources), the strong opinions on both sides of this issue, and the progress of the litigation on this issue so far I think it is appropriate to let the courts finally resolve this matter rather than rely upon political decisions that may be temporary and on an ongoing basis be changed. To paraphrase Justice Scalia of the United States Supreme Court in Virginia Military Institute, et al. v. United States, No. 92-1213 (Supreme Court of the United States, May 24, 1993), "[w]hether it is constitutional for a State to have a men-only school is an issue that should receive the attention of this Court before, rather than after, a national institution as venerable as The [Citadel] is compelled to transform itself."
I am assured that most or all of the money spent on completing the pending litigation will be financed with private money, so the marginal gain from finishing the litigation probably outweighs the marginal cost. Given all of the above, I think the litigation should be allowed to proceed even though in the end those who oppose women in The Citadel probably will lose.
Finally, I cannot help but be swayed somewhat by the ironic inconsistency that women who want to change the current policy of letting only men in our state-supported military college enjoy the benefits of being totally exempted by federal law (upheld as being constitutional by the U.S. Supreme Court in Rostker v. Goldberg, 453 U.S. 57 (1981)) from being drafted into the military to risk their lives in combat like men. To be fair, the women who want the benefits of and to tamper with the professional military education and culture of The Citadel on which our nation depends for military leadership, should work equally hard to repeal their exemption from being drafted into military service to risk their lives along with men in a national crisis.
H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator McCONNELL spoke on the Joint Resolution.
On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by adjournment with Senator McCONNELL retaining the floor.
Having received a favorable report from the Committee on Labor, Commerce and Industry, on motion of Senator J. VERNE SMITH, the following appointments were confirmed:
Initial Appointment, Member, State Development Board, with term to expire May 21, 1998:
7th Judicial Circuit:
Mr. Barry L. Hamrick, 202 Union Street, Gaffney, S.C. 29340 VICE Lewis Harrison, Jr.
Initial Appointment and Reappointment, Member, Jobs Economic Development Authority, with initial term to expire July 27, 1993, and reappointment term to expire July 27, 1996:
3rd Congressional District:
Mr. Jeffrey W. Childress, Dixie Tool, Inc., Post Office Box 407, Easley, S.C. 29641 VICE Alfred B. Robinson, Jr. (resigned)
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1996:
Mortgage Banker:
Mr. Joseph C. Reynolds, Carolina First Bank, Post Office Box 12249, Columbia, S.C. 29211 VICE Jerry C. Parker
Initial Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1996:
Kershaw/Richland:
Mr. John W. Wells, Post Office Box 10, Lugoff, S.C. 29078 VICE Jasper Salmond
Reappointment, Member, Residential Builders Commission, with term to expire June 30, 1996:
1st Congressional District - Consumer:
Mr. Gerald E. Moore, Jr., 359 Bayview Drive, Mt. Pleasant, S.C. 29464
Initial Appointment, Member, State Development Board, with term to expire May 21, 1998:
4th Judicial Circuit:
Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512 VICE Stacey Griffin
Initial Appointment, Chairman, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:
Mr. F. Hugh Atkins, 1701 Reidville Road, Spartanburg, S.C. 29301 VICE Talmadge Crews (resigned)
Having received a favorable report from the Committee on Judiciary, on motion of Senator WILLIAMS, the following appointments were confirmed:
Initial Appointment, Member, State Human Affairs Commission, with term to expire June 30, 1995:
6th Congressional District:
Mr. James T. McLawhorn, Jr., 204 Elmont Drive, Columbia, S.C. 29203 VICE Willis Ham (resigned)
Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment term to expire June 30, 1998:
1st Congressional District:
Ms. Cynthia G. Howe, Van Osdell, Lester, Howe & Rice, P.A., 1301 48th Avenue North, Myrtle Beach, S.C. 29577 VICE Paula H. Bethea (resigned)
Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1998:
3rd Congressional District:
Mr. Roger J. Hartman, 344 Knollwood Drive, Anderson, S.C. 29625 VICE David Lee Terry
Initial Appointment and Reappointment, Member, South Carolina Alcoholic Beverage Control Commission, with partial term to expire June 21, 1993, and full term to expire June 21, 1999:
At-Large:
Mr. B. Boykin Rose, 42 Church Street, Charleston, S.C. 29401 VICE A. Wayne Crick, III (resigned)
Having received a favorable report from the Committee on Fish, Game and Forestry, on motion of Senator HOLLAND, the following appointments were confirmed:
Reappointment, Member, Parks, Recreation and Tourism Commission, with term to expire June 27, 1999:
3rd Congressional District:
Mr. Forrest E. Holley, 235 Richland Avenue, Aiken, S.C. 29802
Reappointment, Member, South Carolina State Forestry Commission, with term to expire June 30, 1998:
Public - Senate:
Mr. Joe P. Simpson, 610 Plantation Road, Lancaster, S.C. 29720
On motion of Senator HOLLAND, the following appointments were confirmed:
Initial Appointment, Kershaw County Magistrate, with term to expire April 30, 1995:
Honorable Katie R. Pate, 284 Rabon Road, Lugoff, S.C. 29078 VICE John A. Peake (retired)
Initial Appointment, Member, Kershaw County Board of Voter Registration, with term to expire March 15, 1994:
Mrs. Ellen K. Saxton, 1908 Bolden Street, Camden, S.C. 29020 VICE Warner A. Brown (deceased)
MOTION ADOPTED
On motion of Senator MITCHELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lewis W. Gold of Columbia, South Carolina.
At 1:40 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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