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 words of Jesus as recorded in the Gospel of St. John (15:1f) Phillip's rendering:
"I am the real vine; my Father is the
vinedresser. He removes any of my branches
which are not bearing fruit and He prunes
every branch that does bear fruit to increase
its yield."
Let us pray.
Invisible Lord, may these words be more than beautiful, challenging, words of Scripture, but a spiritual reality for us all.
Help us to believe in the mystical union of the Creator and our human race as Your highest creation.
Show us, O Lord, how in our quest of the mind for truth, and the desire of the heart for love, we can be one with You in Your creative purposes.
This will give us a wonderful day!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MACAULAY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MACAULAY moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
At 11:25 A.M., Senator PASSAILAIGUE assumed the Chair.
Senator McCONNELL introduced Dr. Dan Brake of Charleston, S.C., Doctor of the Day.
At 11:25 A.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 2:00 P.M.
There was no objection and a message was sent to the House accordingly.
Senator WILLIAMS asked unanimous consent to make a motion that if the Senate completes its business prior to the appointed hour for ratification, that the Senate stand in recess until 1:55 P.M., at which time the Lieutenant Governor is authorized to ratify acts; and, upon completion of the ratification of acts, the Senate will stand adjourned.
The motion was adopted.
At 11:29 A.M., the PRESIDENT assumed the Chair.
Columbia, S.C., March 23, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 22, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 22, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 22, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1290 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-121 SO AS TO PROVIDE THAT FORMER SERVICING CARRIERS FOR THE SOUTH CAROLINA REINSURANCE FACILITY MAY NONRENEW AUTOMOBILE INSURANCE POLICIES IF A NEW, SUCCEEDING SERVICING CARRIER OFFERS A VALID REPLACEMENT POLICY WITH SIMILAR COVERAGES, AND TO AMEND SECTION 38-77-350 OF THE 1976 CODE, RELATING TO THE EXCLUSION FROM AUTOMOBILE INSURANCE COVERAGE, SO AS TO PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY ISSUED BY A NEW SERVICING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY TO REPLACE A SIMILAR POLICY ISSUED BY A FORMER SERVICING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY IS A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE NEW OFFERS OF COVERAGE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1291 -- Senator Ryberg: A BILL TO AMEND SECTION 59-67-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS PERTAINING TO SCHOOL BUSES, SO AS TO INCLUDE REGULATIONS GOVERNING INSPECTION; AND TO AMEND SECTION 59-67-40, RELATING TO THE REGULATION OF PRIVATE SCHOOL BUSES, SO AS TO PROVIDE FOR INSPECTIONS AND FOR THE REQUIRED EQUIPMENT AND SAFETY STANDARDS FOR PUBLIC SCHOOL BUSES TO APPLY TO PRIVATE SCHOOL BUSES.
Read the first time and referred to the Committee on Education.
S. 1292 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION OF CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES (OSTRICH, EMU, RHEA AND OTHER FLIGHTLESS BIRDS IN THE FAMILY RATITAE), DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1293 -- Senators O'Dell, Bryan and Waldrep: A CONCURRENT RESOLUTION CONGRATULATING THE WREN HIGH SCHOOL GOLDEN HURRICANES BOYS BASKETBALL TEAM OF ANDERSON COUNTY ON WINNING THE CLASS AAA UPPER STATE CHAMPIONSHIP FOR 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1294 -- Senator Giese: A BILL TO ESTABLISH THE OFFICE OF SCIENCE AND TECHNOLOGY AS AN INDEPENDENT AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT FOR THE PURPOSE OF EVALUATING TECHNOLOGY FOR STATE AND LOCAL GOVERNMENT OPERATIONS AND MAKING FINDINGS AND RECOMMENDATIONS REGARDING SUCH TECHNOLOGY, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THIS OFFICE AND FOR RELATED MATTERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and
Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and
Whereas, there should be a proper balance of national and state power in a federal system. The present mechanism for the states to initiate a constitutional convention has proved to be unworkable, and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and
Whereas, an Intergovernmental Partnership task force has proposed in its 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and
Whereas, the main thrust of the task force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and
Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina memorialize the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which provides that whenever three-fourths of the legislatures of the several states consider it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.
Be it further resolved, that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the Senators and members of the House of Representatives from South Carolina.
Referred to the Committee on Judiciary.
H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.
Whereas, the members of the General Assembly note that legislation pending in the United States House of Representatives and the United States Senate, introduced respectively by Representative Michael Crapo of Idaho and Senator Paul Coverdell of Georgia, would provide that any funds cut from a government program by actions of the United States Congress must be used to reduce the federal budget deficit and must not be used for any other federal spending programs; and
Whereas, this legislation could serve a useful purpose in the ongoing battle to bring federal spending under control; and
Whereas, this legislation has the support of groups representing hundreds of thousands of Americans, including Citizens Against Government Waste, Americans for Tax Reform, Citizens for a Sound Economy, National Taxpayers Union, and United We Stand America; and
Whereas, the members of the General Assembly of South Carolina who are compelled by the State Constitution and laws to operate within a system that requires balanced state budgets, believe that the legislation pending in the United States House of Representatives and United States Senate on this subject would be a useful, albeit small, step in the continuing battle to restrain the growth of federal deficit spending. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina, by this resolution, memorializes Congress to enact legislation providing that any funds cut from a federal program by the United States Congress must be used to reduce the federal deficit and must not be shifted to any other spending programs.
Be it further resolved that copies of this resolution be forwarded to each member of the United States House of Representatives and United States Senate from South Carolina.
Referred to the Committee on Finance.
H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
Whereas, the members of the General Assembly note that textile manufacturing and related businesses play a major role in the economy of the United States and a crucial part in the South Carolina economy; and
Whereas, recent years have seen a sharp decline in textile jobs in this State, resulting in higher unemployment and vast economic losses to many small and medium-sized communities where textile manufacturing and processing was the major employer; and
Whereas, American textile manufacturing has become a modern and efficient enterprise providing goods that set the world standard for quality and innovation and which at the same time has afforded a good livelihood for our fellow citizens, allowing them to support their families through the dignity of hard work; and
Whereas, it is imperative for the President of the United States and the Congress of the United States to ensure that foreign competition to our textile industry is required to compete fairly and on a level playing field; and
Whereas, these aims should be the watchword of the Special Trade Representative in all bilateral and multilateral trade negotiations; and
Whereas, in enacting implementing legislation and ratifying treaties, these aims should be foremost in the minds of members of the United States House of Representatives and United States Senate. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, memorialize the President of the United States and the Congress of the United States to take urgent and firm action to ensure the health of the American textile industry.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Special Trade Representative, and the members of the United States Congress representing South Carolina.
Referred to the Committee on Labor, Commerce and Industry.
H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.
Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and
Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and
Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and
Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.
Be it further resolved that pursuant to Rule 10.1 of the Rules of the House, Bill J. Sams shall be granted the privilege of the House floor on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion at a time to be determined by the Lieutenant Governor for the purposes of being presented this resolution and being recognized for his service to the veterans of South Carolina as Director of the Department of Veterans Affairs.
Referred to the Committee on Invitations.
H. 4946 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS OF IRMO HIGH SCHOOL ON WINNING THE CLASS AAAA BOYS STATE BASKETBALL CHAMPIONSHIP FOR 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4959 -- Reps. Snow, Wright, Witherspoon, Riser, Shissias, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4963 -- Reps. Cooper, Townsend, Chamblee, Stille, P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE WREN HIGH SCHOOL GOLDEN HURRICANES BOYS BASKETBALL TEAM OF ANDERSON COUNTY ON WINNING THE CLASS AAA UPPER STATE CHAMPIONSHIP FOR 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4970 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY LOUISE RALEY SCOTT OF DARLINGTON COUNTY UPON HER RETIREMENT FROM MORE THAN THREE DECADES OF SERVICE TO THE DISABLED CITIZENS OF SOUTH CAROLINA AND TO WISH HER WELL IN THE YEARS TO COME.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4389 -- Reps. J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin and Corning: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.
Read the first time and on motion of Senator LANDER, with unanimous consent, ordered placed on the Calendar without reference.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Read the first time and on motion of Senator SETZLER, with unanimous consent, ordered placed on the Calendar without reference.
H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: A BILL TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 979 -- Senators Bryan and Setzler: A BILL TO AMEND ACT 164 OF 1993, RELATING TO THE 1993-94 STATE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT CAMPUS INCENTIVE PROGRAM FUNDS USED TO PROVIDE A ONE-TIME BONUS TO CLASSROOM TEACHERS SHALL ALSO BE USED TO PROVIDE THE SAME BONUS TO SCHOOL EMPLOYEES CLASSIFIED AS EVALUATORS; AND TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE FOR FISCAL YEAR 1993-94.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1212 -- Senators Setzler and Giese: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.
Ordered for consideration tomorrow.
S. 1278 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO THANK MRS. ROSETTA A. MILLER OF NEW YORK CITY FOR HER GENEROUS DONATION OF TWO HUNDRED ACRES TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR THE HERITAGE TRUST PROGRAM IN MEMORY OF HER GRANDFATHER, MR. FRANK PICKENS HENDERSON.
Returned with concurrence.
Received as information.
S. 1280 -- Senators Peeler, 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, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
S. 933 -- Senators Lander and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-375 SO AS TO PROVIDE THAT NO MOTORBOAT NUMBER CERTIFICATE MAY BE RENEWED BY THE DEPARTMENT OF NATURAL RESOURCES UNLESS THE APPLICANT FIRST SUBMITS TO THE DEPARTMENT A STATEMENT FROM THE COUNTY TREASURER CERTIFYING THAT PERSONAL PROPERTY TAXES OWED BY THE CURRENT OWNER FOR COMPLETED TAX YEARS SINCE THE MOTORBOAT'S NUMBER WAS LAST RENEWED OR ISSUED HAVE BEEN PAID AND TO PROVIDE EXCEPTIONS.
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
S. 1144 -- Senators Land and Leventis: A BILL TO AMEND SECTION 48-9-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO SERVE WITH ELECTED COMMISSIONERS AS THE GOVERNING BODY OF A SOIL AND WATER CONSERVATION DISTRICT, SO AS TO AUTHORIZE THE APPOINTMENT OF A MAXIMUM OF TWO ADDITIONAL COMMISSIONERS; AND TO AMEND SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS, SO AS TO DELETE THE REFERENCE TO THE NUMBER OF COMMISSIONERS.
Senator LEVENTIS explained the Bill.
S. 988 -- Senators Reese, Land, O'Dell, Russell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2330 TO ARTICLE 25, CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY UNDER MANUFACTURER'S LICENSE PLATES; TO AMEND SECTIONS 56-15-10, AS AMENDED, AND 56-28-10, RELATING TO DEFINITIONS OF MANUFACTURER, SO AS TO INCLUDE MOTOR VEHICLES MANUFACTURED IN THIS STATE; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE FROM IMPOSITION OF TAX.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (N05\7747BDW.94), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:
"A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department."/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
The PRESIDENT appointed Senators HOLLAND, LANDER, LEVENTIS and PATTERSON to escort the Honorable Bruce Thiesen, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.
The PRESIDENT appointed Senators SETZLER, REESE, STILWELL and FORD to escort Ms. Dodie Burns Magill, South Carolina's Teacher of the Year, and her party to the rostrum of the House of Representatives for the Joint Assembly.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At Twelve O'Clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.
Ms. Dodie Burns Magill and members of her party were escorted to the rostrum by Senators SETZLER, REESE, STILWELL and FORD and Reps. Jaskwhich, McMahand, Stuart and Cato.
The PRESIDENT of the Senate introduced Ms. Dodie Burns Magill.
Ms. Magill addressed the Joint Assembly.
Immediately following the Joint Assembly honoring Ms. Dodie Burns Magill of Greenville County, South Carolina's Teacher of the Year, the PRESIDENT announced that the Joint Assembly would proceed to an address by the Honorable Bruce Thiesen, National Commander of the American Legion, under the terms of the following Concurrent Resolution adopted by both Houses:
H. 4438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE BRUCE THIESEN, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1994.
The Honorable Bruce Thiesen, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators HOLLAND, LANDER, LEVENTIS and PATTERSON and Reps. Phillips, Williams, Clyborne and Rogers.
The PRESIDENT of the Senate introduced the Honorable Bruce Thiesen, National Commander of the American Legion.
Commander Thiesen addressed the Joint Assembly.
Immediately following the address of Commander Thiesen, Mr. Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, was recognized for his service to the veterans of South Carolina and was presented the following Concurrent Resolution upon the occasion of his retirement:
H. 4922 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT BILL SAMS SHALL BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO THE VETERANS OF SOUTH CAROLINA ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION.
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 1:00 P.M., the Senate reconvened.
At 1:05 P.M., the Senate receded from business until 1:55 P.M., at which time the Senate reconvened for the purpose of Ratification of Acts.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 2:00 P.M. and the following Acts were ratified:
(R336) H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.
(R337) H. 3635 -- Rep. Stone: AN ACT 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.
(R338) H. 4866 -- Rep. Spearman: AN ACT 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.
(R339) H. 4328 -- Reps. D. Wilder and Rudnick: AN ACT TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
(R340) H. 4332 -- Reps. Sheheen, Rudnick and Stuart: AN ACT 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, TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED, AND TO PROVIDE THAT THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE ARE JOINTLY DESIGNATED AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
(R341) H. 3845 -- Reps. Phillips, Fulmer and Wright: AN ACT TO AMEND SECTION 56-3-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW FOR CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "FLEET".
(R342) H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: AN ACT TO PROVIDE THAT A MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, HURRICANE, FLOOD, TORNADO, HAZARDOUS MATERIAL EVENT, OR OTHER DISASTER, AND TO PROVIDE FOR RELATED MATTERS.
Having been previously carried over on Tuesday, March 22, 1994, the following appointment was carried over:
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.
On motion of Senator MITCHELL, the appointment was carried over.
At 2:10 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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