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, St. Paul set us all on the right track when he said to the Corinthians (I Cor. 10:31):
"So, whether you eat or drink, or
whatever you do,
Do everything for the glory of God."
Let us pray.
Heavenly Father, You know our minds and hearts, and can read our thoughts and wills, we confess that... too often... we use our religion like a bus: we ride it when it is going our way.
Help us to believe that faith in God is not a puzzle to be solved, but a way of life to be adopted.
Amidst the cares of these days, we seek the strength and support of which King David sang when he was delivered from Saul:
"I love Thee, O Lord, my strength.
The Lord is my rock, and my fortress,
and my deliverer."
Help us daily to offer the sacrifices of grateful hearts. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 9, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Chester County Magistrate, with term to commence April 30, 1991, and to expire April 30, 1995:
Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
VICE Barbara Griffin (retired)
Reappointment, Chester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
February 14, 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
Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Samuel A. Daily, P.O. Box 957, Holly Hill, S.C. 29059
Senator HAYES introduced Dr. Terry L. Dodge of Rock Hill, S.C., Doctor of the Day.
On motion of Senator MOORE, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, and to be counted in any quorum calls.
Senator THOMAS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
The following were introduced:
S. 528 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 529 -- Senator Matthews: A SENATE RESOLUTION TO WELCOME TO SOUTH CAROLINA THE GERMAN UNITED METHODIST SINGERS WHO WILL BE CONDUCTING THEIR SECOND UNITED STATES TOUR FEBRUARY 10-24, 1995, TO CELEBRATE AFRICA UNIVERSITY AND TO WISH THEM WELL DURING THEIR STAY IN THE UNITED STATES.
The Senate Resolution was adopted.
S. 530 -- Senator Bryan: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-85 SO AS TO PROVIDE FOR A ZERO BASE BUDGET PROCESS.
Read the first time and referred to the Committee on Finance.
S. 531 -- Senators J. Verne Smith, Drummond, Leatherman, O'Dell, McConnell, Courson, Reese, Elliott, Lander, Martin, Mescher, Ryberg and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
On motion of Senator MOORE, with unanimous consent, the Bill (S. 531) was recalled from the Committee on Labor, Commerce and Industry and committed to the Committee on Judiciary.
S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Read the first time and ordered placed on the Calendar without reference.
S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Read the first time and ordered placed on the Calendar without reference.
S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 536 -- Senator Richter: A BILL TO AMEND SECTION 16-1-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT UNDER SECTION 16-1-10(D), FOR WHICH THE MAXIMUM PENALTY IS IMPRISONMENT FOR FIVE YEARS OR MORE, ARE FELONIES.
Read the first time and referred to the Committee on Judiciary.
S. 537 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 917 OF 1964, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 538 -- Senators McConnell, Stilwell and Martin: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE AND THAT THE CHILD MAY NOT BE CONFINED WITH A CHILD THE DEPARTMENT HAS DETERMINED TO BE VIOLENT.
Read the first time and referred to the Committee on Judiciary.
S. 539 -- Senators J. Verne Smith, 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, Greg Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF SOUTH CAROLINA'S FIRST WOMAN SENATOR, MARY GORDON ELLIS, TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO THIS PIONEER LEGISLATOR.
The Senate Resolution was adopted.
H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".
Whereas, glaucoma has a prevalence nationwide of one to two percent with five to six percent having elevated ocular pressure chronically or intermittently in people over the age of sixty; and
Whereas, in people above the age of eighty, the prevalence of glaucoma may be as high as fourteen percent; and
Whereas, South Carolina has several risk factors for an even higher prevalence than what has been noted nationwide; and
Whereas, the week of March 24-31, 1996, will be used to increase awareness of the citizens of the Palmetto State about glaucoma; the emphasis will be placed on the fact that glaucoma is a silent thief of sight, causing no symptoms until very late in the course of the disease when it is difficult to treat; and emphasis will also be placed during the week for all persons to have a normal eye exam. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares the week of March 24-31, 1996, as "South Carolina Glaucoma Awareness Week".
Be it further resolved that a copy of this resolution be forwarded to William C. Stewart, M.D., Associate Professor, Department of Ophthalmology, Medical University of South Carolina, 171 Ashley Avenue, Charleston 29425-2236.
Referred to the Committee on Invitations.
H. 3611 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF FEBRUARY 20-26, 1995, AS "NEWBERRY COUNTY JUNIOR MISS WEEK" IN NEWBERRY COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3612 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 1, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session of the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, March 1, 1995.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.
Referred to the Committee on Invitations.
H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.
Read the first time and referred to the Committee on Judiciary.
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Read the first time and referred to the Committee on Judiciary.
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Read the first time and referred to the Committee on Judiciary.
H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Read the first time and referred to the General Committee.
H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.
Read the first time and referred to the Committee on Medical Affairs.
H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 297 -- Senator Russell: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 423 -- Senator Setzler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TEACHING PROFESSION AND TO IDENTIFY THE NECESSARY STEPS TO ATTRACT, PREPARE, AND IMPROVE TEACHERS AND ENHANCE THEIR PROFESSIONAL TRAINING, EVALUATION, AND DEVELOPMENT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE FOR THE STAFF SUPPORT FOR THE COMMITTEE AND THE SOURCE OF ITS FUNDING.
Ordered for consideration tomorrow.
S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995, TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.
The House returned the Resolution with amendments.
On motion of Senator PEELER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
The House returned the Resolution with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 512 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO COMMEND JAMES R. MCGEE OF ORANGEBURG COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE ON THE ORANGEBURG COUNTY COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 513 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO COMMEND VERNON OTT, JR., OF ORANGEBURG COUNTY FOR HIS SEVENTEEN YEARS OF DEDICATED SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY WHILE SERVING ON THE ORANGEBURG COUNTY COUNCIL AND WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 528 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.
H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
(By prior motion of Senator COURTNEY)
S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator DRUMMOND proposed the following amendment (GJK\21342SD.95):
Amend the bill, as and if amended, in Section 59-103-10, as contained in SECTION 1, on line 40, page 1, by striking /an advocate/ and inserting /an advisor to the Governor and the General Assembly/
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, the amendment was carried over to third reading of the Bill.
Senator THOMAS objected to further consideration of the Bill.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
Senator COURTNEY explained the Bill.
On motion of Senator GIESE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was carried over with Senator PATTERSON retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Senator SETZLER moved that the Bill be made a Special Order.
The Bill was made a Special Order.
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 RICHTER moved that the Joint Resolution be made a Special Order.
A roll call vote was requested.
Senator RICHTER indicated that he had, in error, made a motion to make S. 42 a Special Order when he wished to make S. 41 a Special Order and asked that his motion be to make S. 41 a Special Order.
Senator PATTERSON made a Parliamentary Inquiry as to whether or not Senator RICHTER can withdraw a motion after a vote has been requested.
Senator WILSON made a Parliamentary Inquiry as to the substance of S. 41.
Senator PATTERSON raised a Point of Order that the motion to set S. 41 for Special Order came too late inasmuch as a roll call vote had been ordered.
The PRESIDENT stated that a roll call vote had been requested but not ordered.
Senator LEATHERMAN raised a Point of Order that a motion cannot be withdrawn without unanimous consent of the Senate.
The PRESIDENT sustained the Point of Order.
Senator RICHTER asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.
Senator PATTERSON objected.
The question then was the motion to make S. 42 a Special Order.
Senator MARTIN made a Parliamentary Inquiry as to whether or not a motion would require unanimous consent to be withdrawn by the mover if no intervening business had taken place.
The PRESIDENT stated that once a motion is made and has been accepted, the motion is in the possession of the Senate and requires unanimous consent to be withdrawn.
Senator BRYAN asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.
Senator LEATHERMAN objected.
A roll call vote was ordered.
Senator MARTIN raised a Point of Order under Rule 11 that the motion would not require unanimous consent to be withdrawn by the mover if no intervening business had taken place.
Senator THOMAS raised a Point of Order that the Point of Order raised by Senator MARTIN came too late inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order raised by Senator THOMAS.
The question then was the motion to make S. 42 a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Ford Glover Jackson Matthews McGill Patterson Reese Washington
NAYS
Alexander Bryan Cork Courson Courtney Drummond Elliott Giese Gregory Hayes Holland Land Lander Leatherman Martin Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
Not having received the necessary vote, the motion to make the Bill a Special Order failed.
We voted "no" because S. 42 is in a stronger position on the Senate Calendar in the status of Adjourned Debate.
Senator HOLLAND moved that the Senate dispense with the balance of the Motion Period.
A roll call vote was requested.
Senator WILLIAMS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Elliott Ford Glover Holland Jackson Land Lander Leatherman Matthews McGill O'Dell Passailaigue Patterson Rankin Reese Setzler Short Smith, G. Smith, J.V. Washington Williams
NAYS
Alexander Cork Courson Courtney Giese Gregory Hayes Martin Mescher Peeler Richter Rose Ryberg Stilwell Thomas Waldrep Wilson
The motion to adjourn was adopted.
Having received a favorable report from the Orangeburg County Delegation, the following appointment was confirmed in open session:
Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Samuel A. Daily, P.O. Box 957, Holly Hill, S.C. 29059
Having received a favorable report from the Chester County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Chester County Magistrate, with term to commence April 30, 1991, and to expire April 30, 1995:
Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
VICE Barbara Griffin (retired)
Reappointment, Chester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays 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; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 12:00 Noon, on motion of Senator WILLIAMS, 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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