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 Senator J. VERNE SMITH.
On motion of Senator STILWELL, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher 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.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 17, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Director of the Department of Social Services, with term to commence January 12, 1995, and to expire at the pleasure of the Governor:
Mr. James T. Clark, Director, Department of Social Services, Post Office Box 1520, Columbia, S.C. 29202-1520 VICE J. Samuel Griswold
Referred to the General Committee.
The following were introduced:
S. 447 -- Senators Stilwell, Hayes, Bryan, Courtney, Cork, Russell, Wilson, Washington and J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
Senator STILWELL spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 448 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3434 -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING SYBIL GIBSON SEVIC OF SENECA ON BEING SELECTED FOR A PRESIDENTIAL AWARD FOR EXCELLENCE IN SCIENCE AND MATHEMATICS TEACHING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3436 -- Rep. McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3437 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. RYAN BAILEY OF SUMTER COUNTY UPON WINNING THE STATEWIDE COMPETITION TO DESIGN THE INAUGURAL LOGO EMBLEM "PUTTING FAMILIES FIRST" FOR NEWLY-ELECTED GOVERNOR DAVID M. BEASLEY.
The Concurrent Resolution was adopted, ordered returned to the House.
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. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.
S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.
(By prior motion of Senator MESCHER, with unanimous consent)
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 3370 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.
On motion of Senator LEATHERMAN, H. 3370 was ordered to receive a third reading on Friday, February 3, 1995.
S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
(By prior motion of Senator BRYAN)
H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Senator HAYES, H. 3366 was ordered to receive a third reading on Friday, February 3, 1995.
S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.
S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MOORE moved that the Senate stand adjourned.
Senator COURSON, with unanimous consent, was granted leave to speak on the motion.
Senator MOORE raised a Point of Order that the motion to adjourn was not debatable.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Elliott Ford Holland Jackson Land Lander Leatherman McGill Moore O'Dell Patterson Reese Short Washington
NAYS
Alexander Cork Courson Courtney Drummond Giese Gregory Hayes Martin Mescher Passailaigue Peeler Rankin Richter Rose Ryberg Setzler Smith, G. Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
The Senate refused to adjourn.
S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Senator COURSON asked unanimous consent to make a motion that the Joint Resolution be placed in the status of Interrupted Debate.
Senator HOLLAND objected.
S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.
Senator ROSE asked unanimous consent to make a motion that the Bill be given a third reading on Friday, February 3, 1995.
Senator GIESE objected.
S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Senator COURSON moved that the Joint Resolution be made a Special Order.
Senator HOLLAND spoke on the motion.
Senator WILLIAMS asked unanimous consent to make a motion that the Joint Resolution be recommitted to the Committee on Judiciary.
Senator COURSON objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Courson Courtney Drummond Giese Gregory Hayes Lander Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Stilwell Thomas Wilson
NAYS
Bryan Ford Holland Jackson Land Matthews Patterson Waldrep Washington Williams
The Joint Resolution was made a Special Order.
I voted against putting S. 42 on Special Order because there are technical flaws in the Joint Resolution and it needs committee work. I support the concept of the Resolution but it cannot be properly corrected on the floor of the Senate.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eugene Boyce Williford of Rock Hill, S.C.
Senator MOORE moved that when the Senate adjourns on Friday, February 3, 1995, it stand adjourned to meet next Tuesday, February 7, 1995, at 12:00 Noon, which motion was adopted.
At 11:55 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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