Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we remember the birthday of Martin Luther King, Jr., hear the words of St. Paul to the Corinthians (I Cor. 13:1):
"And I will show you a still more excellent
way. If I speak in the tongues of men and
of angels, but have not love, I am a noisy
gong or a clanging cymbal."
Let us pray.
Lord God and Father of us all, who has put us on this planet in many races... brown and yellow... black and white. You made us one family (the human race), totally dependent on the grace of our One God for life and nurture; and upon each other for mutual help and peaceful living.
Help us, amidst a world of conflict, to see the lengthening shadow of Martin Luther King, Jr... and all those that have lived before us, and taught us, by their lives the meaning of "the more excellent way."
Give us all the dream of lands filled with opportunity for all Your children to achieve their potential, to live together and work together, with concern and sensitivity for each other's needs... helping each bear each one's load.
And with the dream, O Lord, grant that we all may be willing to surrender our wills to Your Will for us... bringing into reality "the more excellent way."
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 6, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Commission on Consumer Affairs, with term to commence September 1, 1994, and to expire September 1, 1998:
At-Large:
Ms. DeAnna S. Trout, Post Office Box 995, Moncks Corner, S.C. 29461
Referred to the Committee on Banking and Insurance.
Reappointments, Members, South Carolina Board of Long Term Health Care Administrators, with terms to commence June 9, 1994, and to expire on June 9, 1997:
Residential Care Adm. - Profit:
Ms. Betty K. Tolbert, Country Heritage, Post Office Box 3566, Anderson, S.C. 29624
Nursing Home Administrator - Proprietary:
Mrs. Ethel L. Hughes, Abbeville Nursing Home, Inc., Post Office Box 190, Abbeville, S.C. 29620
Referred to the Committee on Medical Affairs.
January 12, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Workers Compensation Commission, with term to commence when confirmed and to expire June 30, 1998.
At-Large:
Mr. W. Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223 VICE William Clyburn
Referred to the Committee on Judiciary.
On motion of Senator McCONNELL, at 12:15 P.M., Senator MACAULAY was granted a leave of absence for today.
Senator WASHINGTON rose to a Point of Interest.
At 12:19 P.M., the PRESIDENT assumed the Chair.
S. 980 -- Senators Courson, Giese and Rose: A BILL TO AMEND SECTION 16-23-430 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO EXTEND THE PROHIBITION TO THE USE OR THREATENED USE OF WEAPONS, AND TO AMEND SECTION 20-7-600, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE THAT JUVENILES CHARGED WITH VIOLATION OF SECTION 16-23-430 MAY BE HELD IN SECURE JUVENILE DETENTION FACILITIES.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Bill was referred to the Committee on Judiciary.
H. 4287 -- Reps. J. Bailey, Barber, Harrell, Fulmer, Hallman, Whipper, Breeland, Gonzales, R. Young and Holt: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 821 -- Senator Matthews: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.
Senator WILLIAMS asked unanimous consent to make a motion to take up the Bill for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator WILLIAMS, the Bill was committed to the local delegation.
The following were introduced:
S. 1036 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. JOHN MATTHEW PRICE, SR., OF PARKSVILLE IN MCCORMICK COUNTY WHO DIED SATURDAY, JUNE 26, 1993.
The Senate Resolution was adopted.
S. 1037 -- Senators Wilson and Lander: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE COL. THOMAS E. LAMB OF CHAPIN.
The Senate Resolution was adopted.
S. 1038 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. LEWIS DAVID HOLMES, JR., OF TRENTON IN EDGEFIELD COUNTY WHO DIED SATURDAY, JULY 10, 1993.
The Senate Resolution was adopted.
S. 1039 -- Senator Moore: A JOINT RESOLUTION TO APPROVE THE MISSION STATEMENT OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 1-30-10(H) OF THE SOUTH CAROLINA CODE OF LAWS, 1976.
Read the first time and referred to the General Committee.
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Read the first time and referred to the Committee on Judiciary.
S. 1041 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue, Rose and Giese: A BILL TO REPEAL SECTION 33-35-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION THAT NO CORPORATION ORGANIZED UNDER CHAPTER 35 OF TITLE 33 (NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS) SHALL BE EXEMPT FROM TAXATION BY REASON OF ANY PROVISION OF THAT CHAPTER.
Read the first time and referred to the Committee on Judiciary.
S. 1042 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-95, SO AS TO PROVIDE THAT THE RECORDING OF A DEED WHICH GRANTS OWNERSHIP TO A MARSHLAND IS PRIMA FACIE EVIDENCE OF OWNERSHIP.
Read the first time and referred to the Committee on Judiciary.
S. 1043 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.
Read the first time and referred to the Committee on Judiciary.
S. 1044 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO REPEAL CHAPTER 11 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF DEEDS AND DOCUMENTS OF RAILROADS.
Read the first time and referred to the Committee on Judiciary.
S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Judiciary.
S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Judiciary.
S. 1047 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1049 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Transportation.
S. 1050 -- Senators Wilson, Thomas and Passailaigue: A BILL TO AMEND SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHTS-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES.
Read the first time and referred to the Committee on Transportation.
H. 4514 -- Reps. Spearman and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE THE SALUDA HIGH SCHOOL MARCHING BAND FOR WINNING THE STATE CLASS AA CHAMPIONSHIP FOR 1993.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4524 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TIMOTHY BRAD HERLONG OF GREENWOOD COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4452 -- Reps. R. Smith, Huff, Stone, Rudnick and Sharpe: A BILL TO PROVIDE THAT THE BEECH ISLAND WATER DISTRICT IN AIKEN COUNTY MAY CONTINUE TO SERVE PERSONS WHO WERE CUSTOMERS AS OF JANUARY 1, 1993.
Read the first time and referred to the Aiken County Delegation.
H. 4459 -- Rep. McTeer: A BILL TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
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.
S. 1014 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 1994, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE AT-LARGE CIRCUIT, SEAT 2 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator LEVENTIS proposed the following amendment (1014R001.PPL), which was adopted:
Amend the resolution, as and if amended, by adding a further resolving clause to read as follows:
/ Be it further resolved that, upon the conclusion of the elections for the respective judicial offices hereinabove set forth, the Joint Assembly shall proceed to an election of the successors to the members of the Old Exchange Building Commission whose terms expire in 1994. /
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator PEELER, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 12:37 P.M., Senator WILLIAMS made a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.
There was no objection and a message was sent to the House accordingly.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 469 -- Senators Courson, Mitchell, Leatherman and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
On motion of Senator BRYAN, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator PATTERSON, the Bill was carried over.
At 12:40 P.M., on motion of Senator WILLIAMS, the Senate receded from business not to exceed five minutes.
At 12:45 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:45 P.M. and the following Act was ratified:
(R280) H. 3200 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS; AND TO AMEND SECTION 50-17-105, RELATING TO THE PROHIBITION ON THE DISPLAY OF DOLPHINS AND WHALES, SO AS TO DELETE THE PROHIBITION AND PROVIDE CIRCUMSTANCES UNDER WHICH IT IS LAWFUL TO DISPLAY DOLPHINS AND WHALES.
At 12:49 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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