South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Tuesday, March 8, 1994

(Statewide Session)

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.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, in the wilderness of Judah, David prayed (Psalm 63:1,4):

"O God, Thou art my God,

I seek Thee, my soul thirsts for Thee;

My flesh faints for Thee, as in a dry

and weary land where no water is...

I will lift up my hands and call on

Thy name."
Let us Pray.

God of our fathers, and King David's God, we thank Thee that we know that the heart of the cosmos is friendly.

As we read history and note the relationship of God in the lives of His people through the millenniums, we note that the FAITHFULNESS of God and the INFIDELITY of mankind come bursting out of the pages of the past.

We note the futility of our powerful weapons of destruction in securing peace in Bosnia, Somalia, other so-called "hot" spots of the earth.

Help us to make a personal contribution toward building a "New Age" is our morning prayer... in the Name of David's God.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Message from the House

Columbia, S.C., March 7, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 302, H. 4570 by a vote of 6 to 0:
(R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.

The veto of the Governor was taken up for immediate consideration.

Senator STILWELL moved that the veto by the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 0

AYES

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

TOTAL--44

NAYS

TOTAL--0

The necessary two-thirds vote having been received, the veto by the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator STILWELL introduced Dr. Woodrow Long, Jr. of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WILLIAMS, at 12:00 Noon, Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 12:00 Noon, Senator SETZLER was granted a leave of absence for today.

Point of Personal Interest

Senator BRYAN rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1237 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-21-5020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, BY STRIKING REFERENCES TO THE TAX COMMISSION AND SUBSTITUTING THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-21-5090, RELATING TO MEASUREMENT AND ASSESSMENT OF MARIJUANA AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR MEASUREMENT AND ASSESSMENT OF GROWING MARIJUANA AND DOSAGES OF CRACK COCAINE; TO AMEND SECTION 12-21-6030, RELATING TO JEOPARDY ASSESSMENTS AGAINST DEALERS, SO TO EXEMPT ASSESSMENTS UNDER THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT FROM THE TAXPAYERS' BILL OF RIGHTS; BY ADDING SECTIONS 12-21-6034, 12-21-6036, AND 12-21-6038 SO AS TO PROVIDE FOR APPEALS OF ASSESSMENTS UNDER THE ACT WITHIN TWENTY DAYS WITH ASSESSMENTS FINAL AND CONCLUSIVE AFTER THAT TIME, TO AUTHORIZE THE WAIVER OR REDUCTION OF THE TAX, INTEREST, OR PENALTIES ASSESSED UNDER THE ACT, AND TO REQUIRE LAW ENFORCEMENT AGENCIES MAKING CONTROLLED SUBSTANCE VIOLATIONS ARRESTS TO SUBMIT COPIES OF THE ARREST REPORTS TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-21-6040, RELATING TO CONFIDENTIALITY OF FILINGS, SO AS TO REDUCE THE CRIMINAL PENALTY; TO AMEND SECTION 12-21-6050, RELATING TO CREDITING OF REVENUE UNDER THE ACT, SO AS TO PROVIDE FOR APPORTIONING OF REVENUES BETWEEN LAW ENFORCEMENT AGENCIES, THE DEPARTMENT OF REVENUE AND TAXATION, AND THE GENERAL FUND OF THE STATE AND PROVIDE FOR THE USE OF THE REVENUES BY LAW ENFORCEMENT AGENCIES; AND TO REPEAL SECTION 12-21-600(B).

Read the first time and referred to the Committee on Finance.

S. 1238 -- Senator Moore: A BILL TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINT REVIEWS FOR FOSTER FAMILY APPLICANTS, SO AS TO PROVIDE WHEN REVIEWS MUST BE COMPLETED BEFORE LICENSURE, WHO MAY CONDUCT AND WHO MUST PAY FOR THE REVIEWS; TO PROVIDE THAT A STATE CRIMINAL HISTORY BACKGROUND REVIEW MUST BE CONDUCTED ANNUALLY UPON LICENSE RENEWAL; TO PROVIDE THAT NEW ADULT RESIDENTS IN THE HOME MUST UNDERGO THESE REVIEWS; TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REQUIRE ADDITIONAL REVIEWS IF NEEDED TO ASSURE CONTINUING SUITABILITY OF THE FOSTER HOME; AND TO PROVIDE THAT CURRENT LICENSEES MUST UNDERGO THESE REVIEWS WITHIN SIX MONTHS OF THIS ACT'S EFFECTIVE DATE.

Read the first time and referred to the General Committee.

S. 1239 -- Senator Passailaigue: A BILL TO AMEND SECTION 61-3-461, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE NUMBER OF RETAIL LIQUOR STORES IN WHICH A PERSON MAY HAVE AN INTEREST, SO AS TO DELETE A PROVISION WHICH STIPULATES THAT AN INTEREST OF A RELATIVE BY BLOOD OR MARRIAGE WITHIN THE SECOND DEGREE OF ANY PERSON CONSTITUTES AN INTEREST OF THAT PERSON FOR PURPOSES OF THIS RESTRICTION.

Read the first time and referred to the Committee on Judiciary.

S. 1240 -- Senator Bryan: A BILL TO AMEND SECTION 40-35-131, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS AGAINST LICENSED NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH COPIES OF INSPECTION REPORTS MUST BE PROVIDED TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS AND FOR THE REQUIREMENTS FOR CONTINUING EDUCATION CREDITS, FURTHER INVESTIGATION, AND LICENSE SUSPENSION; TO AMEND SECTION 40-35-133, RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD, SO AS TO INCLUDE CONTINUING EDUCATION CREDITS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF HEALTH CARE FACILITY LICENSES AND OTHER PENALTIES, SO AS TO INCLUDE DISCRIMINATION AGAINST A PERSON WITH DISABILITIES, REVISE RELATED REFERENCES TO ABUSERS, THE MENTALLY ILL, AND THE MENTALLY RETARDED, AND PROVIDE FOR ASSESSMENT OF PENALTIES AND ACTION REQUIRED FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 44-7-350, AS AMENDED, RELATING TO PLANS OF CARE AND CONDITIONS FOR COMMUNITY RESIDENTIAL CARE FACILITIES, SO AS TO INCLUDE AGENCIES PROVIDING SERVICES TO A CLIENT AND REVISE THE REQUIREMENTS FOR THE PLANS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1241 -- Senators Richter, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.

Whereas, Miss Frances Louise Parker was born in Anderson but spent her formative years on her family's working farm in the community of Estill in Hampton County; and

Whereas, Miss Parker, now of Charleston, competed in the Miss USA pageant in South Padre Island, Texas, against women from forty-nine other states and the District of Columbia; and

Whereas, Miss Parker was selected by a panel of judges on Friday, February 11, 1994, as Miss USA 1994; and

Whereas, as Miss USA, Miss Parker will represent the United States in the Miss Universe Pageant on May 20, 1994, in Manila, Philippines; and

Whereas, Miss Parker earned a Bachelor of Arts Degree in English from the College of Charleston and a Masters of Arts Degree in Teaching English from the Citadel; and

Whereas, Miss Parker has demonstrated her commitment to improving the opportunities for the youth of South Carolina by entering the profession of teaching at North Charleston High School where she teaches ninth grade English Literature; and

Whereas, this commitment inspired her to form and work as executive director of H.A.T.S (Helping All Teens Survive) International, an organization which helps teens in crisis by promoting a positive attitude and self-esteem through counseling and outreach programs; and

Whereas, the members of the General Assembly would like to hear her speak on the issues important to her and the State and would like to invite her to speak to a joint session of the General Assembly. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly congratulate Miss Frances Louise Parker of Charleston on the occasion of being chosen Miss USA 1994 and invite her to address a joint session of the General Assembly at 12:15 P.M. on Tuesday, March 15, 1994.

Be it further resolved that a copy of this resolution be forwarded to Miss USA 1994, Frances Louise Parker.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1242 -- Senator Jackson: A SENATE RESOLUTION TO THANK SHERIFF KEVIN BEARY OF ORANGE COUNTY, FLORIDA FOR HIS DONATION OF BULLET-PROOF VESTS TO THE RICHLAND COUNTY SHERIFF'S DEPARTMENT.

The Senate Resolution was adopted.

H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4840 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA 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-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1234 -- Senators Bryan, Mitchell, J. Verne Smith, Stilwell and Thomas: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, APRIL 9, 1994, AS "GREENVILLE CHORALE DAY" IN SOUTH CAROLINA IN HONOR OF THE ONE HUNDRED SEVENTY-FIVE SINGERS OF THE GREENVILLE CHORALE AND THEIR CONDUCTOR, DR. BINGHAM L. VICK, JR., WHO WILL PERFORM BENJAMIN BRITTEN'S WAR REQUIEM, WHICH IS ITS PREMIER PERFORMANCE IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1235 -- Senator Bryan: A BILL TO ABOLISH THE MAGISTERIAL POSITION AT JACKS TOWNSHIP IN LAURENS COUNTY.

(By prior motion of Senator BRYAN)

S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

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.

S. 1077 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.

Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators HAYES and THOMAS proposed the following amendment (JUD398.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 31, in Section 27-37-160, as contained in SECTION 1, by striking /an opportunity/ and inserting therein /an opportunity twenty-four hours /.

Amend the bill further, as and if amended, page 1, line 33, in Section 27-37-160, as contained in SECTION 1, by inserting after the word /vacate/ the following:

/ within twenty-four hours /.

Amend title to conform.

Senator HAYES explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

AMENDMENT PROPOSED, OBJECTION

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators MATTHEWS, WASHINGTON, PATTERSON and FORD proposed the following amendment (JIC\5670HTC.94):

Amend the bill, as and if amended, page 4, by striking lines 10 through 18 and inserting:

/ (i) the current owner has owned the property since January 1, 1984, and the property is classified as agricultural real property for property tax year 1994, or

(ii) the current owner or an immediate family member of the current owner has owned the property since January 1, 1984, and the property is classified as agricultural real property for property tax year 1994./

Amend title to conform.

Senator MOORE objected to further consideration of the Bill.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.

CARRIED OVER

S. 717 -- Senators Macaulay, Leventis and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

On motion of Senator McCONNELL, the Resolution was carried over.

S. 718 -- Senators Macaulay, Leventis, Drummond and McConnell: A BILL TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-10, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS ARE SELECTED, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE CHAIRMAN OF THE BOARD, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20, RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND CERTAIN SCREENING OF MEMBERS OF THE BOARD, AND TO AMEND SECTION 59-5-60, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION.

On motion of Senator McCONNELL, the Bill was carried over.

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

On motion of Senator GIESE, the Bill was carried over.

CARRIED OVER

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

Senator PASSAILAIGUE explained the committee amendment.

On motion of Senator THOMAS, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

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 SUBMITRATEFILINGS 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 MACAULAY, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

RECALLED, READ THE SECOND TIME

H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

Senator DRUMMOND made a motion to recall the Bill from the Committee on Finance.

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.

H. 4368--Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 4368 was ordered to receive a third reading on Wednesday, March 9, 1994.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDMENT PROPOSED, CARRIED OVER

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Amendment No. 1

Senator LAND proposed the following Amendment No. 1 (850R007.JCL):

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

SECTION 1. (A) It is proposed that Section 5, Article X of the Constitution of this State be amended to read:

"Section 5. No tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled. Any tax which shall be levied shall distinctly state the public purpose to which the proceeds of the tax shall be applied. When the statute levying the tax dedicates the proceeds to a specific use in furtherance of the stated public purpose, then such proceeds are prohibited from being appropriated and expended for any use other than that which is specifically set forth in the statute levying the tax unless the bill appropriating the proceeds for a different use is approved by a two-thirds vote of the membership of each house on one of the readings of the bill."

(B) The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 5, Article X of the Constitution of this State be amended to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled and to provide that when proceeds of the tax are applied to a specific purpose or use that the General Assembly is prohibited from using the proceeds for a different purpose or use unless approved by a two-thirds vote of the members of both houses?"

_ Yes

_ No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."

SECTION 2. (A) It is proposed that Item (2) of Section 15 of Article X of the Constitution of this State be amended to read:

"(2) General obligation debt shall mean any indebtedness of the school district which shall be secured in whole or in part by a pledge of its full faith, credit, and taxing power. For the purpose of applying the debt limitation imposed in this section, debt incurred through a sale-lease back or lease-purchase agreement involving real property shall constitute general obligation debt for the period of the lease."

(B) The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Item (2) of Section 15 of Article X of the Constitution of this State be amended to provide that the definition of general obligation debt be changed so that for the purpose of applying the debt limitation imposed in this section, debt incurred through a sale-lease back or lease-purchase agreement involving real property shall constitute general obligation debt for the period of the lease?

_ Yes

_ No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."

Amend title to conform.

On motion of Senator MOORE, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The Finance Committee proposed the following amendment (GJK\20302SD.94), which was adopted:

Amend the bill, as and if amended, by striking Section 11-27-110 of the 1976 Code as contained in SECTION 1 and inserting:

/"Section 11-27-110. (A) As used in this section:

(1) `asset' means any real property and permanent improvements thereon including structures, buildings, and fixtures;

(2) `bond act' means:

(i) the county bond act, as contained in Chapter 15 of Title 4;

(ii) the municipal bond act, as contained in Article 5, Chapter 21 of Title 5;

(iii) the school bond act as contained in Article 1, Chapter 71 of Title 59;

(iv) the provisions contained in Articles 3 and 5 of Chapter 11 of Title 6 pertaining to special purpose districts;

(v) any provision of law by which the State may issue obligations secured in whole or in part by the full faith, credit, and taxing power of the State, and;

(vi) any other law, general or special, providing for the issuance of general obligation bonds by the State or any of its political subdivisions;

(3) `constitutional debt limit' for the State or any political subdivision thereof which has the power to incur general obligation bonded indebtedness, means the limitation of the principal amount of general obligation bonded indebtedness specified in Article X of the Constitution;

(4) `enterprise financing agreement' means a financing agreement entered into to provide an asset for a governmental enterprise the revenues from which are expected to be sufficient to pay the amounts due under the financing agreement;

(5) `financing agreement' means any contract entered into on or after January 1, 1995, under the terms of which a governmental entity acquires the use of an asset which provides:

(i) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise,

(ii) that the payments thereunder are divided into principal and interest components or which contain any reference to any portion of any payment thereunder being treated as interest and,

(iii) that title to the asset will be in the name of or be transferred to the governmental entity if all payments scheduled or provided for in the financing agreement are made, but the term excludes any contracts entered into in connection with issues of general obligation bonds or revenue bonds issued pursuant to authorization provided in Article X of the Constitution;

(6) `governmental enterprise' means any activity undertaken by a governmental entity which derives revenues from or because of the activity on a basis other than the exercise of the power of taxation by that governmental entity;

(7) `governmental entity' means the State and any political subdivision of the State, including a municipality, county, school district, special purpose district, or similar entity, whose general obligation debt is subject to the limitations set forth in Article X of the Constitution;

(8) `limited bonded indebtedness' means the amount of bonded indebtedness that may be incurred by a governmental entity without a referendum or, where the context requires, the amount of such indebtedness then outstanding; and

(9) `principal balance' means the total amount, excluding any amount characterized as interest, payable as of any time of consideration under any financing agreement, including any renewals or extensions thereof.

(B) No governmental entity may enter into a financing agreement, other than an enterprise financing agreement, if the principal balance of the financing agreement, when added to the principal amount of limited bonded indebtedness outstanding on the date of execution of the financing agreement would exceed eight percent of the assessed value of taxable property in the jurisdiction of the governmental entity unless the financing agreement is approved by a majority of the electors voting thereon in a referendum duly called for such purpose by the governmental entity.

(C) In addition to such other terms and conditions as are specified in any bond act, if a governmental entity has outstanding any financing agreement, other than an enterprise financing agreement, the authorization contained in any bond act permitting the governmental entity to incur general obligation bonded indebtedness is hereby amended to provide that on the date of issuance of any limited bonded indebtedness pursuant to the bond act, the amount thereof plus the amount of all other limited bonded indebtedness of the governmental entity, when added to the principal balance under any financing agreement or agreements of such governmental entity shall not exceed the amount of the governmental entity's constitutional debt limit unless such bonded indebtedness is approved by a majority of the electors voting thereon in a referendum duly called for such purpose by such governmental entity."/

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the committee amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 2

Senators LAND and RYBERG proposed the following Amendment No. 2 (N05\7635SD.94), which was tabled:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect upon the ratification of amendments to Article X, Section 14 and Article X, Section 15 of the Constitution of this State raising the general obligation debt limitation of political subdivisions and school districts of this State from eight percent to twelve percent./

Amend title to conform.

Point of Order

Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as proposed amendments to the Constitution are required to receive a reading on three separate days.

The PRESIDENT stated that the text of the amendment as written was an amendment to the effective date provision of the Bill and did not propose an amendment to the Constitution. The PRESIDENT overruled the Point of Order.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 4

AYES

Bryan Cork Courson
Courtney Drummond Ford
Giese Gregory Hayes
Holland Jackson Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Russell Smith, G.
Smith, J.V. Stilwell Thomas
Williams Wilson

TOTAL--35

NAYS

McGill Ryberg Short
Waldrep

TOTAL--4

The amendment was laid on the table.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

MOTION ADOPTED
On motion of Senator GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. C. Heyward Belser, Sr. of Columbia, S.C.

ADJOURNMENT

At 1:07 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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