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 words from the first Chapter of the Bible in the New Revised Standard Version, Genesis 1:26:
"Then God said, 'Let us make humankind in
our image, according to our likeness; and
let them have dominion over the fish of
the sea, and over the birds of the air,
and over the cattle, and over all the wild
animals of the earth, and over every creep-
ing thing that creeps upon the earth'."
Let us pray.
O God, our Father, we do believe that Your image inheres in the very fabric and frame of our human life! But it is a fallen image! It is difficult to think as You think! It is impossible to love as You love! Your image in humankind is fallen! It is blurred! Indistinct... and distant!
Give us such faith toward You and love for our fellow mortals... that will take the dimness of our souls away.
Help us to realize our blood-kinship of all the races and peoples of the earth.
Help us to realize that our first mission is to be stewards of the good-earth, to enjoy it; to preserve it; and conserve it for future generations!
Help us, today, to fulfill the original decree of deity: "Let them have DOMINION!"
Amen!
Senator STILWELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator STILWELL 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 McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator J. VERNE SMITH introduced Dr. Patricia Westmoreland of Greenville, S.C., Doctor of the Day.
At 11:45 A.M., Senator HAYES requested a leave of absence for Thursday, February 23, 1995.
On motion of Senator PEELER, at 12:25 P.M., Senator RUSSELL was granted a leave of absence for today.
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.
Senator GIESE asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.
There was no objection.
On motion of Senator GIESE, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.
The following were introduced:
S. 550 -- Senators Rankin and Greg Smith: A SENATE RESOLUTION EXTENDING BEST WISHES AND CONGRATULATIONS TO MS. FLORENCE STOKE CROMLEY UPON HER 100TH BIRTHDAY.
The Senate Resolution was adopted.
S. 551 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-110 SO AS TO PROVIDE THAT, WITH RESPECT TO INDIVIDUAL LIFE INSURANCE, WHENEVER AN INSURER OR AN AGENT SELLS A POLICY THAT REQUIRES THE APPLICANT TO STATE HIS AGE, BEFORE THE INSURER OR AGENT SHALL APPROVE THE POLICY OR ACCEPT A PREMIUM, THE INSURER OR AGENT SHALL OBTAIN PROOF OF THE APPLICANT'S DATE OF BIRTH BY MEANS OF A CERTIFIED COPY OF THE APPLICANT'S BIRTH CERTIFICATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 552 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1994-95 WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
S. 553 -- Senator Reese: A BILL TO REPEAL ACT 135 OF 1993 RELATING TO THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT, AND TO REPEAL CHAPTER 139 OF TITLE 59 AND SECTION 59-1-454, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH WERE ADDED BY ACT 135 OF 1993; TO REPEAL ACT 280 OF 1994 WHICH AUTHORIZED THE EXTENSION OF CERTAIN COMPLETION DATES OF LONG-RANGE COMPREHENSIVE PLANS REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT; TO AMEND SECTIONS 59-1-450, AS AMENDED, 59-3-90, AS AMENDED, 59-5-65(8), AS AMENDED, 59-19-340, AS AMENDED, 59-20-40(1)(c), AS AMENDED, AND 59-20-60, AS AMENDED, OF THE 1976 CODE, RELATING TO VARIOUS EDUCATION PROVISIONS, SO AS TO DELETE FROM THESE SECTIONS THE AMENDMENTS MADE BY ACT 135 OF 1993, AND TO REENACT SECTIONS 59-5-65(9), 59-20-40(7), 59-18-20, AND 59-65-410 THROUGH 59-65-460 OF THE 1976 CODE RELATING TO VARIOUS EDUCATION PROVISIONS WHICH WERE REPEALED BY ACT 135 OF 1993.
Read the first time and referred to the Committee on Education.
S. 554 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-62 SO AS TO PROVIDE THAT NO PHYSICIAN IS PROHIBITED FROM USING NONCONVENTIONAL MEDICAL TREATMENT IN THE PRACTICE OF MEDICINE; TO AMEND SECTION 40-47-5, RELATING TO THE DEFINITION OF "PHYSICIAN" OR "SURGEON" SO AS ALSO TO DEFINE "NONCONVENTIONAL MEDICAL TREATMENT"; AND TO AMEND SECTION 40-47-10, AS AMENDED, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE THAT ONE AT-LARGE MEMBER OF THE BOARD MUST BE A PHYSICIAN WHO DEDICATES A SIGNIFICANT PORTION OF HIS PRACTICE TO THE USE OF NONCONVENTIONAL MEDICAL TREATMENTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 555 -- Senator McConnell: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO A DEFENSE ATTORNEY OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES FOR AN INDIGENT FACING THE DEATH PENALTY, SO AS TO REVISE THE NUMBER OF ATTORNEYS APPOINTED TO DEFEND AN INDIGENT FACING THE DEATH PENALTY, AND TO, EXCEPT IN THE CASE OF A CONFLICT, REQUIRE THE PUBLIC DEFENDER TO REPRESENT ALL INDIGENTS FACING THE DEATH PENALTY.
Read the first time and referred to the Committee on Judiciary.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.
Read the first time and referred to the Committee on Judiciary.
S. 557 -- Senator Reese: 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 Judiciary on motion of Senator COURTNEY.
S. 558 -- Senator Rose: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 559 -- Senator Rose: A BILL TO AMEND TITLE 20, CHAPTER 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION FROM DOMESTIC ABUSE, BY ENACTING THE "PROTECTION FROM POST-SEPARATION FAMILY VIOLENCE ACT"; BY ADDING ARTICLE 3 SO AS TO CREATE A PRESUMPTION THAT NO PARENT WITH A HISTORY OF FAMILY VIOLENCE MAY BE AWARDED CUSTODY OF A CHILD AND TO PROVIDE CIRCUMSTANCES THAT MAY OVERCOME THE PRESUMPTION; TO PROVIDE FOR SUPERVISED VISITATION UNDER CERTAIN CONDITIONS; TO REQUIRE SEPARATION, DIVORCE, CHILD CUSTODY, AND VISITATION ORDERS TO CONTAIN AN INJUNCTION AGAINST THE PERPETRATOR OF FAMILY VIOLENCE; TO REQUIRE THE PERPETRATOR OF FAMILY VIOLENCE TO PAY ALL COURT AND ATTORNEY FEES AND COSTS INCURRED FOR MEDICAL AND PSYCHOLOGICAL CARE NECESSITATED BY THE FAMILY VIOLENCE; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-130 AS TITLE 20, CHAPTER 4, ARTICLE 1 NAMED "PROTECTION FROM DOMESTIC VIOLENCE".
Read the first time and referred to the Committee on Judiciary.
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
Read the first time and referred to the Committee on Judiciary.
S. 561 -- Finance Committee: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.
Read the first time and ordered placed on the Calendar without reference.
H. 3640 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DEBRA TEMPLIN, A TEACHER AT NEWBERRY MIDDLE SCHOOL, UPON BEING NAMED AS STATE TEACHER OF THE YEAR FOR 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3641 -- Reps. Kennedy, T. Brown and Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOSEPH WASHINGTON OF THE TOWN OF NESMITH FOR HIS MANY YEARS OF SERVICE TO THE CITIZENS OF WILLIAMSBURG COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3644 -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS AND EACH OF THE LIONS CLUBS IN SOUTH CAROLINA FOR THE OUTSTANDING WORK THAT THEY DO IN SERVING THEIR FELLOW MAN AND TO WELCOME INTERNATIONAL DIRECTOR ALBERT F. BRANDEL TO SOUTH CAROLINA AS HE SPEAKS AT THE LIONS DISTRICT 32-D MID-WINTER RALLY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
Read the first time and referred to the Committee on Judiciary.
H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.
Read the first time and referred to the Committee on Judiciary.
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Read the first time and referred to the Committee on Judiciary.
H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the General Committee.
H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3602 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1775, 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 Banking and Insurance.
H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Invitations.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 97 -- Senators Hayes, Elliott, Giese and Wilson: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 177 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-450 SO AS TO PROVIDE THAT THE REVENUES OF ANY TAX, FEE, OR CHARGE LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLELY FOR THE PURPOSE FOR WHICH THE PROCEEDS OF THE TAX, FEE, OR CHARGE WERE TO BE APPLIED AT THE TIME OF ENACTMENT EXCEPT UPON AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
Ordered for consideration tomorrow.
Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:
S. 469 -- Senator Cork: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Ordered for consideration tomorrow.
Senators LAND and RANKIN from the Committee on Transportation submitted a majority favorable with amendment and Senators PASSAILAIGUE, MESCHER, RICHTER and ROSE a minority unfavorable report on:
S. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION 57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT DESIGNATE ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY WHICH RECEIVES FUNDS FROM THE SPECIAL LOCAL OPTION SALES TAX PROVIDED IN CHAPTER 37 AS A TURNPIKE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a majority favorable with amendment and Senator PASSAILAIGUE a minority unfavorable report on:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3612 favorable:
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.
AYES
Courson Peeler Wilson Thomas Patterson Stilwell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Russell O'Dell
Ordered for consideration tomorrow.
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. 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.
(By prior motion of Senator MOORE)
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.
(By prior motion of Senator WASHINGTON)
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.
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.
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.
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators PATTERSON and COURTNEY proposed the following amendment (JUD0525.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 23, in Section 47-3-630, as contained in SECTION 1, by striking lines 23 through 28 and inserting therein the following:
/"Section 47-3-630. A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined no not less than five hundred dollars and no nor more than one thousand dollars or imprisoned for no not less than thirty days or no nor more than six months, or both. A person who violates Section 47-3-620 is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned not less than one year nor more than five years, or both."/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senator LAND explained the amendment proposed by the Committee on Transportation.
Senator McCONNELL raised a Point of Order under Rule 27E that the Bill did not contain a fiscal impact statement and, therefore, could not receive second reading.
The PRESIDENT sustained the Point of Order but stated that the absence of a fiscal impact statement did not interrupt or delay debate on the Bill.
Senator LAND continued speaking on the amendment.
Senator CORK objected to further consideration of the Bill.
At 11:55 A.M., Senator COURTNEY assumed the Chair.
S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
On motion of Senator MOORE, 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.
Senator PATTERSON spoke on the Resolution.
Senator LAND asked unanimous consent to make a motion, with Senator PATTERSON retaining the floor, to recommit the Resolution to the Committee on Judiciary.
There was no objection.
The question then was the motion to recommit the Resolution to the Committee on Judiciary.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Ford Glover Holland Jackson Land Leatherman McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
NAYS
Cork Courson* Giese Gregory Hayes Lander Leventis Martin McConnell Mescher Richter Rose Ryberg Setzler Stilwell Thomas Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Resolution was recommitted to the Committee on Judiciary.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Having been reported favorably from Executive Session, on motion of Senator LAND, the following appointments were confirmed:
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1989, and to expire February 13, 1996:
At-Large:
Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C. 29202 VICE Robert V. Royall, Jr. (resigned)
Reappointment, Department of Transportation Commission, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:
At-Large - Chairman:
Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C. 29401
Having been reported favorably from Executive Session, on motion of Senator J. VERNE SMITH, the following appointment was confirmed:
Initial Appointment, Secretary of the Department of Commerce, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:
Mr. Robert V. Royall, Jr., 4632 Perry Court, Columbia, S.C. 29206 VICE John A. Warren (resigned)
Having been reported favorably from Executive Session, on motion of Senator HOLLAND, the following appointment was confirmed:
Reappointment, Director of the South Carolina Department of Parks, Recreation and Tourism, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:
Ms. Grace G. McKown, 512 Greene St., Camden, S.C. 29020
Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Walter L. Heinsohn, Post Office Box 4287, Rock Hill, S.C. 29732
MOTION ADOPTED
On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. H. Alvin Counts of Chapin, S.C.
At 12:27 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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