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 the Psalmist's testimony in a difficult day (Psalm 107:4ff):
"They wandered in the wilderness in a
solitary way; they found no city to dwell in.
Hungry and thirsty, their soul fainted in them.
THEN they cried unto the Lord in their trouble,
and He delivered them out of their distresses
And He led them forth by the right way...
Oh that men would praise the Lord for His
goodness, and for His wonderful works to the
children of men!"
Let us pray.
Heavenly father, we pray not for the easiest way... nor for the safest way... but for the right way of doing things and achieving our goals.
As we wrestle with our economic and political problems, quicken our senses to spiritual realities. Only then can we understand the deeper issues of what this life... really... is all about.
Support us in both the short-range and the long-range track.
We join the Psalmist in praising You for Your goodness and for Your wonderful works to the children of men!
Amen!
Senator COURTNEY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator COURTNEY moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courtney
Drummond Elliott Ford
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
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:40 A.M., Senator MOORE assumed the Chair.
Senator RICHTER introduced Dr. Donald Johnson of Charleston, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
At 1:10 P.M., Senator WALDREP requested a leave of absence for Thursday, March 17, 1994.
Columbia, S.C., March 15, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 11:50 A.M., the PRESIDENT assumed the Chair.
At 11:58 A.M., the Senate stood in recess for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Life Abilities Ambassadors, their parents, and members of their party were escorted to the rostrum by Senators COURTNEY, GREG SMITH, MATTHEWS and LANDER and Reps. Thomas, Allison, Baxley, Neilson and Shissias.
The PRESIDENT then recognized Rep. Wilder, Chairman, Joint Committee for the Disabled.
Rep. Wilder introduced the following members who, in turn, introduced the State Life Abilities Ambassadors and guests:
Senator GREG SMITH and Rep. Paula Thomas introduced Randall Ford, daughter of Mr. and Mrs. Joe Ford of Georgetown County.
Senator COURTNEY and Rep. Allison introduced Zach Hopkins, son of Mr. and Mrs. Bill Hopkins of Spartanburg County, who was unable to attend today's ceremonies.
Reps. Baxley and Neilson and Rep. Hines, on behalf of Senator SALEEBY who was unable to attend, introduced Mark Thigpen, son of the Reverend and Mrs. Paul D. Thigpen of Darlington County.
Rep. Shissias introduced Eric Vasquez, son of Ms. Wanda Maldonado of Richland County.
Rep. Wilder also recognized Mr. Joseph D. Jones, Executive Director, and Mr. Edwin W. Fisher, President of State Life Abilities; Mr. W.C. Hunter, the inventor of the BAC button; Captain James Braddock of the South Carolina Highway Patrol who is State President of SLED Officers Assoc.; John L. Caudle, II, Executive Director of the SLED Officers Assoc.; Thomas L. Sponseller, Executive Director of the S.C. Restaurant Association; and Skip Condon, State President of the S.C. Restaurant Assoc., who have worked so hard to make the Buck-A-Cup Campaign such a success.
Representatives from the School of the Deaf, Blind and Multi-Handicapped performed and signed two vocal selections.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:40 P.M., the Senate resumed.
The following were introduced:
S. 1260 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney and Jackson: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1261 -- Senator Elliott: A BILL TO AMEND SECTION 38-33-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION, SO AS TO INCLUDE A LICENSED OPTICIAN IN THIS GROUP OF PROVIDERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1263 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.
Read the first time and referred to the Committee on Education.
S. 1264 -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 12-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAXES WHEN THE VALUATION OF THE PROPERTY IS UNDER APPEAL, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON UNDERPAYMENTS FOR THE FIRST TWO MONTHS THE PROPERTY REMAINS ON APPEAL AFTER THE DUE DATE AND TO PROVIDE THAT NO INTEREST IS DUE ON AN UNDERPAYMENT IF THE BOARD OF ASSESSMENT APPEALS FAILS TO ACT ON THE APPEAL WITHIN SIXTY DAYS OF THE DATE THE APPEAL IS FILED WITH THE BOARD.
Read the first time and referred to the Committee on Finance.
S. 1265 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.
S. 1266 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 (WORKERS' COMPENSATION LAW) AND MAY REJECT COVERAGE UNDER THAT TITLE BY GIVING CERTAIN NOTICE, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 42-1-150, RELATING TO THE DEFINITION OF "EMPLOYMENT" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS DEFINING "EMPLOYMENT", PROVIDE, AMONG OTHER THINGS, THAT EMPLOYMENT INCLUDES ALL EMPLOYMENTS IN WHICH FOUR OR MORE EMPLOYEES ARE EMPLOYED BY THE SAME EMPLOYER OR, WITH RESPECT TO IMPROVEMENT OR MODIFICATION OF REAL PROPERTY, ALL EMPLOYMENT IN WHICH ONE OR MORE DIRECT OR INDIRECT EMPLOYEES ARE EMPLOYED BY THE SAME EMPLOYER, AND DEFINE "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY".
Read the first time and referred to the Committee on Judiciary.
S. 1267 -- Senators Waldrep, Hayes, Stilwell, Richter and Reese: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT OF THE OPERATOR OF A MOTOR VEHICLE TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT AN OFFICER MAY ALSO ORDER A BLOOD SAMPLE IF HE HAS REASONABLE GROUNDS TO BELIEVE THAT A PERSON IS UNDER THE INFLUENCE OF DRUGS OTHER THAN, OR IN ADDITION TO, ALCOHOL AND TO PROVIDE THAT WHEN A BREATHALYZER READING IS TEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD OR ABOVE, AN OFFICER MAY ORDER, AS ADDITIONAL TESTS, BLOOD OR URINE TESTS IF HE HAS REASONABLE GROUNDS TO BELIEVE THAT THE PERSON IS ALSO UNDER THE INFLUENCE OF DRUGS OTHER THAN ALCOHOL.
Read the first time and referred to the Committee on Judiciary.
S. 1268 -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE TO CONDUCT A COMPREHENSIVE PERFORMANCE AUDIT OF STATE GOVERNMENT FROM JULY 1, 1994, THROUGH OCTOBER 31, 1995, TO PROVIDE FOR THE APPOINTMENT AND MEMBERSHIP OF THE COMMITTEE, TO PROVIDE FOR ITS DUTIES, INCLUDING THE MAIN FOUR POINTS OF THE AUDIT, AND TO PROVIDE FOR THE EXPENSES OF THE COMMITTEE, NOT TO EXCEED TWO MILLION DOLLARS, TO BE PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES OF THE GENERAL ASSEMBLY.
Read the first time and ordered placed on the Calendar without reference.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1270 -- Senator Reese: A BILL TO ABOLISH THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR ITS DUTIES TO BE TRANSFERRED TO THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION.
Read the first time and referred to the Committee on Transportation.
S. 1271 -- Senators Wilson, Lander and Courson: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE REVEREND MRS. BRODIE REEVES JOHNSON OF WEST COLUMBIA IN LEXINGTON COUNTY.
The Senate Resolution was adopted.
H. 4918 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING ROBERT C. MCCUTCHEN, JR., OF LEE COUNTY FOR HIS OUTSTANDING SERVICE AS ASSISTANT FIRE CHIEF FOR THE BISHOPVILLE CITY FIRE DEPARTMENT AND FOR HIS COMMITMENT TO FIREFIGHTING AND FIRE PREVENTION FOR OVER HALF A CENTURY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 1079 -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT MEDICINE DONATED BY ITS MANUFACTURER TO A PUBLIC INSTITUTION OF HIGHER EDUCATION FOR RESEARCH PURPOSES OR FOR TREATMENT OF INDIGENT PATIENTS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
S. 1136 -- Senator Williams: A BILL TO AMEND CHAPTER 1, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE PROBATE CODE, BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.
Ordered for consideration tomorrow.
Senator FORD from the Committee on Judiciary submitted a favorable report on:
S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
S. 1205 -- Senator Land: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
Ordered for consideration tomorrow.
S. 1259 -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE COLUMBIA HOUSING AUTHORITY FOR SIXTY YEARS OF CONTINUOUS AND EXPANDING SERVICES TO THE COMMUNITY AT-LARGE AND ITS SUBSTANTIAL CONTRIBUTIONS TO IMPROVING THE LIVES OF ITS RESIDENTS.
Returned with concurrence.
Received as information.
S. 1157 -- Judiciary Committee: A BILL TO AMEND SECTION 2-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY CRIMINAL LAWS, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100 AND TO FURTHER PROVIDE THAT THIS PROVISION DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE AND TO REPEAL THE PROVISION REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS AMENDED, RELATING TO EMBEZZLEMENT, AND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-14-20, SECTIONS 16-14-40, AS AMENDED, 16-14-60, AS AMENDED, AND 16-14-70, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS 44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED, RELATING TO TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT.
On behalf of the Chairman's Committee, Senator HOLLAND asked unanimous consent to make a motion to make the Bill a Special Order.
The Bill was made a Special Order.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.
(By prior motion of Senator HOLLAND, with unanimous consent)
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 adoption of the amendment (JIC\5670HTC.94) proposed by Senators MATTHEWS, WASHINGTON, PATTERSON and FORD:
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.
The amendment was adopted.
Senator JACKSON proposed the following amendment (920R001.DJ), which was adopted:
Amend the bill, as and if amended, page 4, line 26 by adding after the word /affinity/ the following:
/, a trust all of whose non-contigent beneficiaries are related to the grantor to such trust within the third degree of consanguinity or affinity/
Amend title to conform.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courtney
Elliott Ford Glover
Gregory Hayes Holland
Jackson Lander Leatherman
Leventis Macaulay McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Williams Wilson
Drummond Land Martin
The Bill was read the third time and ordered sent to the House of Representatives.
Senator LAND, with unanimous consent, was granted leave to speak on the Bill.
Senator LEVENTIS argued in favor of the Bill.
Having voted on the prevailing side, Senator LEVENTIS moved to reconsider the vote whereby the Bill was given a third reading.
Senator STILWELL argued contra to the motion
Senator LAND argued in favor of the motion.
Senator STILWELL moved to table the motion to reconsider.
The motion to table the motion to reconsider failed.
The question then was the motion to reconsider the vote whereby the Bill was given a third reading.
The motion to reconsider was adopted.
The question then was the third reading of the Bill.
Senator PASSAILAIGUE objected to further consideration of the Bill.
Having been previously carried over on Thursday, March 10, 1994, on motion of Senator MITCHELL, the following appointment was carried over until Tuesday, March 22, 1994, at 12:30 P.M.:
Reappointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 15, 1995:
First Congressional District:
Reverend Willie E. Givens, Jr., 82 Brisbane Drive, Charleston, S.C. 29407
The question was, "Will the Senate advise and consent to this appointment?"
Senator McCONNELL argued contra to the motion.
Senator RICHTER argued contra to the motion.
Senator MITCHELL moved to carry over the appointment.
The appointment was carried over until Tuesday, March 22, 1994, at 12:30 P.M.
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator MACAULAY, with unanimous consent, the following appointments were confirmed:
Initial Appointment, Lay Member, State Board of Pharmacy, with term to expire coterminous with the Governor:
Mr. Charles L. Appleby, Jr., Post Office Box 3286, Florence, S.C. 29502 VICE Lester L. Hamilton
Reappointment, Member, Mental Health Commission, with term to commence March 21, 1994, and to expire March 21, 1999:
1st Congressional District:
Mrs. Elizabeth L. Forrester, Post Office Box 162, Georgetown, S.C. 29442
Reappointment, Member, State Board of Medical Examiners, with term to commence December 31, 1994, and to expire December 31, 1998:
Public At-Large:
Mrs. Elizabeth S. Christensen, 3 Ivy Circle, Aiken, S.C. 29803
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator LAND, with unanimous consent, the following appointments were confirmed:
Reappointment, Member, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:
At-Large:
Mr. Harry R. Easterling, Post Office Drawer 655, Bennettsville, S.C. 29512-0655
Reappointment, Member, South Carolina State Ports Authority, with term to commence February 13, 1994, and to expire February 13, 2001:
At-Large:
Mr. Edgar A. Buck, 16 Country Club Drive, Charleston, S.C. 29412
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator J. VERNE SMITH, with unanimous consent, the following appointment was confirmed:
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1994, and to expire May 31, 1997:
Cert. General Appraiser:
Mr. James H. Robinson, Robinson Company of Greenville, Inc., 1225 South Church Street, Greenville, S.C. 29605
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator WILLIAMS, with unanimous consent, the following appointment was confirmed:
Reappointment, Member, South Carolina Workers' Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 2000:
At-Large:
Mr. Thomas M. Marchant, III, Post Office Box 816, Greenville, S.C. 29602
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator MITCHELL, with unanimous consent, the following appointments were confirmed:
Initial Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence September 8, 1993, and to expire March 15, 1999:
6th Congressional District:
Ms. Nell Cooke Quarles, 527 Wisteria Drive, Florence, S.C. 29501
Initial Appointment, Member, Juvenile Parole Board, with term to commence August 23, 1993, and to expire June 30, 1996:
6th Congressional District:
Reverend W. Terry Fowler, Christian Education Department, S.C. Conference Pentecostal Holiness Church, Post Office Drawer 1325, Lake City, S.C. 29560
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator SETZLER, with unanimous consent, the following appointments were confirmed:
Initial Appointment, Member, State Board for Technical and Comprehensive Education, with term to commence July 13, 1993, and to expire July 1, 1996:
6th Congressional District:
Mr. Wm. Reynolds Williams, Willcox, McLeod, Buyck, Baker & Williams, Post Office Box 1909, Florence, S.C. 29503
Initial Appointment, Member, State Commission on Higher Education, with term to commence December 14, 1993, and to expire July 26, 1997:
At-Large:
Mr. Ray D. Lathan, 252 South Pleasantburg Drive, Greenville, S.C. 29607-2547
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to commence May 15, 1993, and to expire May 15, 2000:
4th Congressional District:
Mr. E. Roy Stone, Jr., Post Office Box 444, Greenville, S.C. 29602
Having been reported favorably from Executive Session on Thursday, March 10, 1994, on motion of Senator MOORE, with unanimous consent, the following appointment was confirmed:
Initial Appointment (in this Congressional District), Member, South Carolina Commission for the Blind, with term to commence when confirmed and to expire May 19, 1997:
2nd Congressional District (blind):
Ms. Earline S. Gardner, Post Office Box 299, Montmorenci, S.C. 29839
At 1:20 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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