Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, occasionally, we all need a word of reassurance from a "higher authority." Hear St. Paul to the Romans, Chapter 8 (vv.28,31):
"We know that all things work together for
good for those who love God, who are called
according to His purpose." Then, "If God
is for us, who is against us?"
Let us pray.
Lord, God, help us to face today with those words of St. Paul ringing in our ears!
We can make our days pretty dark and dreary with our fears and forebodings. Or we can make them bright with faith and hope... and courage.
What can we say, Lord, when we are wounded by someone's word or deed?
Help us to remember St. Paul who saw life as a battle with eventual victory assured... by the grace and power of one of whom St. John wrote in the Book of Revelation (19:11,16):
"Then I saw heaven opened, and there
was a white horse!
Its rider is called Faithful and True,
and in righteousness he judges and
makes war...
He is clothed in a robe dipped in blood,
and his name is called The Word of
God."
Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND 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 McGill Mescher Moore Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 1, 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 Alcohol and Other Drug Abuse, with term to commence January 30, 1995, and to expire at the pleasure of the Governor:
Ms. Beverly G. Hamilton, 422 Somerset Place, Florence, S.C. 29501 VICE William J. McCord (resigned)
Referred to the Committee on Medical Affairs.
February 7, 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, Children's Trust Fund of South Carolina, with term to commence July 1, 1994, and to expire June 30, 1998:
4th Congressional District:
Mrs. Carolyn E. Frederick, 326 Chick Springs Road, Greenville, S.C. 29609 VICE Frances Ellison DeLoache
Referred to the General Committee.
February 10, 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, Board of Health and Environmental Control, with term to commence February 1, 1995, and to expire June 30, 1997:
At-Large - Chairman:
Mr. John Hay Burris, 130 Haywain Drive, Chapin, S.C. 29036 VICE Robert J. Stripling, Jr. (resigned)
Referred to the Committee on Medical Affairs.
The following were received and referred to the appropriate committees for consideration:
Document No. 1786
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Construction Demolition and Land-Clearing Debris Landfills
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 17, 1996
Document No. 1827
Promulgated by Department of Revenue
Video Game Machines
Received by Lt. Governor February 14, 1995
Referred to Senate Committee on Finance
120 day review expiration date January 21, 1996
Document No. 1831
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Used Oil
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 17, 1996
Document No. 1842
Promulgated by Workers' Compensation Commission
Self-Insurance, Application; Financial Analysis and Reports
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date January 17, 1996
The following was received:
Document No. 1745
Promulgated by Coastal Council
Marina/Community Dock Location and Design
Received by Lt. Governor March 29, 1994
Referred to Senate Committee on Agriculture and Natural Resources
Withdrawn February 16, 1995
On motion of Senator PASSAILAIGUE, at 12:00 Noon, Senator McCONNELL was granted a leave of absence for Tuesday and Wednesday of this week.
On motion of Senator CORK, at 12:00 Noon, Senator RICHTER was granted a leave of absence for the balance of the week.
Senator PASSAILAIGUE rose to a Point of Personal Interest.
Senator MARTIN rose to a Point of Personal Privilege.
It is my honor and pleasure to take a brief moment to mark the 100th anniversary of the birth of the late Speaker Emeritus, the Honorable Solomon Blatt. He served with great distinction as a member of the South Carolina House for fifty-three years, much of that time as Speaker. It was my distinct honor to sit with him when he came to the House in 1979 until his death in 1986. Speaker Blatt loved his native county of Barnwell, the people of South Carolina and the men and women of the General Assembly with whom he served. He served with unselfish devotion and dedication for over half of this century and was truly one of our most able statesmen of our time.
The following were introduced:
S. 565 -- Senator Mescher: A SENATE RESOLUTION COMMENDING FELDER BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 566 -- Senator Mescher: A SENATE RESOLUTION COMMENDING WAYNE MCKENZIE BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 567 -- Senator Mescher: A SENATE RESOLUTION COMMENDING WAYNE BENTON BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 568 -- Senator Mescher: A SENATE RESOLUTION COMMENDING TIM HOSENFELD OF HEMINGWAY, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 569 -- Senators Matthews, Williams, Ford, Glover, Jackson, Patterson and Washington: A SENATE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM AND ITS HEAD COACH WILLIE JEFFRIES FOR WINNING THE HERITAGE BOWL AND FOR AN OUTSTANDING 1994 SEASON AND TO ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE SENATE AT A DATE AND TIME TO BE DETERMINED BY THE PRESIDENT.
Whereas, the Bulldogs captured an outstanding comeback victory over the Southwestern Athletic Conference Champion Grambling State University when trailing by eleven points in the final quarter, the Bulldogs pulled it out with a winning score of 31-27 in the fourth annual Heritage Bowl; and
Whereas, this victory finished out an incredibly successful 1994 season with a 10-2 record for the Bulldogs winning their first Mid-Eastern Atlantic Conference championship since 1983; and
Whereas, Coach Willie Jeffries, who has been an exceptional coach and an inspiring leader of the Bulldogs, has led the team to a 91-39-4 record over the past twelve years; and
Whereas, through the tremendous talent, hard work, and dedication, the Bulldogs, Coach Jeffries, and the coaching staff have exhibited throughout this season, they have brought immense pride not only to South Carolina State and its loyal alumni and supporters, but also to the State of South Carolina; and
Whereas, the members of the Senate would like to recognize and congratulate each Bulldog player, Coach Jeffries, and the coaching staff upon completing a remarkable season and for their outstanding victory at the Heritage Bowl. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate congratulate the Bulldog football team, Coach Willie Jeffries, and the Bulldog coaching staff for a truly outstanding 1994 season and Heritage Bowl victory.
Be it further resolved that the Bulldog football team, Coach Jeffries, and the Bulldog coaching staff are given the privilege of the floor of the Senate at a date and time to be determined by the President.
Be it further resolved that a copy of this resolution be forwarded to Dr. Barbara Hadden, President of South Carolina State University; Jim Martin, Director of Athletics; and Willie Jeffries, Head Football Coach.
Referred to the Committee on Invitations.
S. 570 -- Senator Reese: 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 EXEMPT FIFTY PERCENT OF THE FAIR MARKET VALUE OF A RECREATIONAL VEHICLE OWNED BY AN INDIVIDUAL WHO HAS ATTAINED AGE SIXTY-FIVE.
Read the first time and referred to the Committee on Finance.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
Read the first time and referred to the Committee on Finance.
S. 572 -- Senators Gregory and Lander: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE DEER SEASON ON PRIVATE LANDS IN GAME ZONES 2 AND 4.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 573 -- Senator Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY AND CERTAIN AREAS, TO DEFINE SUCH AREAS AND PROVIDE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 574 -- Senator Elliott: A BILL TO AMEND SECTION 50-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AND RESTRICTIONS ON VARIOUS NETS IN WATERS FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, SO AS TO INCREASE THE AUTHORIZED SIZE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 575 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
Read the first time and referred to the Committee on Judiciary.
S. 576 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
Read the first time and referred to the Committee on Judiciary.
S. 577 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
Read the first time and referred to the Committee on Judiciary.
S. 578 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF A PERSONAL REPRESENTATIVE, SO AS TO REQUIRE THE PERSONAL REPRESENTATIVE TO INFORM THE SURVIVING SPOUSE, IF ANY, OF ELECTIVE SHARE RIGHTS, AND TO PROVIDE THAT THE COURT MUST INFORM THE PERSONAL REPRESENTATIVE OF THIS DUTY.
Read the first time and referred to the Committee on Judiciary.
S. 579 -- Senator Reese: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Read the first time and referred to the Committee on Judiciary.
S. 580 -- Senator Reese: A BILL TO REENACT SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S POWER OF ARREST FOR CERTAIN CRIMES COMMITTED IN HIS PRESENCE.
Read the first time and referred to the Committee on Judiciary.
S. 581 -- Senator Ford: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTERING INTO CONTRACTS FOR GOODS AND SERVICES BY MEMBERS OF THE GENERAL ASSEMBLY WITH GOVERNMENTAL ENTITIES, SO AS TO PROVIDE THAT SUCH CONTRACTS SHALL NOT BE PERMITTED DURING THE TERM FOR WHICH THE MEMBER SHALL HAVE BEEN ELECTED AND FOR ONE YEAR THEREAFTER IF THE CONTRACTS ARE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE FOR A FISCAL YEAR; AND TO PROVIDE THAT SIMILAR RESTRICTIONS SHALL APPLY TO CONTRACTS WITH GOVERNMENTAL ENTITIES OF ONE HUNDRED THOUSAND DOLLARS OR LESS IN THE AGGREGATE FOR A FISCAL YEAR IF THE MEMBER HAS VOTED ON OR PARTICIPATED IN THE DELIBERATIONS OF THE SECTION OF THAT YEAR'S APPROPRIATION BILL RELATING TO THE GOVERNMENTAL ENTITY.
Read the first time and referred to the Committee on Judiciary.
S. 582 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-85 SO AS TO PERMIT EJECTMENT OF A TENANT DESPITE THE FACT THAT THE TENANT MAY HAVE FILED FOR BANKRUPTCY OR BEEN DECLARED BANKRUPT WHENEVER THE TENANT HAS FAILED TO FILE FOR BANKRUPTCY OR HAS NOT BEEN DECLARED BANKRUPT UNTIL AFTER EJECTMENT PROCEEDINGS OR TRIAL HAS BEEN HAD.
Read the first time and referred to the Committee on Judiciary.
S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.
Read the first time and referred to the Committee on Judiciary.
S. 584 -- Senators Lander, Matthews and Giese: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE TAGS FOR DISABLED PERSONS, SO AS TO CHANGE THE TERM "DISABLED PERSON" TO "PERSON WITH A DISABILITY" AND TO PROVIDE THAT THESE TAGS MAY BE ISSUED FOR CARS LEASED BY A PERSON WITH A DISABILITY.
Read the first time and referred to the Committee on Transportation.
S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State is hereby authorized to use the chambers of the Senate and the House of Representatives on Friday, June 16, 1995, for its annual State House meeting. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
Referred to Committee on Invitations.
H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the Palmetto Girls State is authorized to use the Chamber of the Senate, on Thursday, June 15, 1995, and the Chamber of the House of Representatives on Thursday, June 15, 1995, from 9:00 a.m. to 3:00 p.m., and on Friday, June 16, 1995, from 2:00 p.m. to 4:00 p.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
Referred to the Committee on Invitations.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3637 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FOOD SERVICE ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1808, 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. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, 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. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, 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.
Senator WILSON from the General Committee polled out S. 463 favorable:
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Wilson Holland Thomas Moore Stilwell O'Dell Washington Reese Short Courtney Gregory Mescher Russell Greg Smith
NAYS
Alexander Courson Ryberg
ABSTAINS
Martin
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3498 favorable:
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, Williams and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".
AYES
Courson Peeler Wilson Matthews Thomas Patterson O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Russell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3643 favorable:
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.
AYES
Courson Peeler Wilson Matthews Thomas Patterson O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Russell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from The Roundtable to attend a breakfast in Room 208, Blatt Building on Wednesday, March 8, 1995, from 8:00 until 9:00 A.M.
AYES
Courson Peeler Wilson Matthews Thomas Patterson O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Russell Rose
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. School Boards Association to attend a luncheon at the Capital City Club on Wednesday, March 8, 1995, from 1:00 until 2:00 P.M.
AYES
Courson Peeler Wilson Matthews Thomas Patterson O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Russell Rose
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. 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.
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.
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.
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.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
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.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.
S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.
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.
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.
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.
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.
On motion of Senator J. VERNE SMITH, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 3 (JUD0042.004) proposed by Senators PASSAILAIGUE and RANKIN and previously printed in the Journal of Thursday, February 23, 1995.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Joint Resolution was carried over, with Senator McCONNELL 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.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (375R002.ELP), which was ruled out of order:
Amend the committee report, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 61-9-312 of the 1976 Code is amended by adding:
"Section 61-9-312. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars. Revenue generated by the fees must be credited to the general fund of the State county, municipality or other political subdivision where such proceeds were collected and must be used for the construction and maintenance of infrastructure in the county, municipality or other political subdivision where such proceeds were collected. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator MARTIN raised a Point of Order under Rule 25 that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE, JACKSON and J. VERNE SMITH spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment proposed by the Committee on Judiciary was adopted as follows (JUD0375.005):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 53-1-5 of the 1976 Code is amended to read:
"Section 53-1-5. The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the prior to dismissal or demotion without forfeiture of compensation, rank, or grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday."
SECTION 2. Section 53-1-10 of the 1976 Code is amended to read:
"Section 53-1-10. (A) It shall be unlawful to operate for professional purposes athletic events, public exhibitions, historic or musical entertainment, or concerts unless a permit shall first be obtained from the town or city council, if the activity is in an incorporated town or city, or from the governing body of the county if the activity takes place outside of an incorporated town or city by either the sponsor of the athletic or entertainment event or exhibition or the individual participant.
(B) When a permit is granted as required by this section, the town or city council or county governing body may by resolution suspend the 1:30 p.m. opening hour provided in Section 53-1-5 and allow businesses to operate after the hour of 10:00 a.m. on Sunday."
SECTION 3. Section 53-1-150 of the 1976 Code is amended to read:
"Section 53-1-150. (A) The General Assembly finds that certain areas of the State would benefit greatly from a complete exemption from Chapter 1, of Title 53, of the 1976 Code. This benefit would be a result of an expanded tax base thereby reducing the burden placed on property owners through the property tax. Allowing the operation of establishments on Sunday in these areas also would also reduce the property tax burden through additional accommodation accommodations tax revenue which allows these areas to provide necessary governmental service from these revenues.
(B) The provisions of Chapter 1, of Title 53, of the 1976 Code do not apply to any county area, as defined in Section 12-35-730 of the 1976 Code 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-35-710 of the 1976 Code 12-36-920(A). After a county area has collected more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the exclusion from the provisions of Chapter 1 of Title 53 will continue from year to year irrespective of whether revenue falls below nine hundred thousand dollars in subsequent years.
(C) Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100 of the 1976 Code. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the prior to dismissal or demotion without forfeiture of compensation, rank, or grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday."
SECTION 4. The 1976 Code is amended by adding:
"Section 53-1-160. (A) In addition to other exemptions provided by statute, the county governing body may by ordinance suspend the application of the Sunday work prohibitions provided in Chapter 1 of Title 53 in a county which does not qualify for the exemption provided in Section 53-1-150. If the county governing body suspends the application of Sunday work prohibitions, any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.
(B) In addition to other exemptions provided by statute, the Sunday work prohibitions provided in Chapter 1 of Title 53 may only be continued:
(1) in a county which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election, or
(2) in a county in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election,
if a majority of the qualified electors of that county voting in a referendum at the time of the 1996 general election vote in favor of the continued prohibition on Sunday work.
(C) The county election commission shall place the question in subsection (G) on the ballot in November 1996 in a county:
(1) which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election, or
(2) in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election.
(D) The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State.
(E) If a county in which the referendum is to be held qualifies for the exemption provided in Section 53-1-150 after September 1, 1996, and before November 5, 1996, the county governing body shall direct the county election commission not to place the question on the ballot and not to hold the referendum.
(F) If the result of this referendum is not in favor of a continuation of the prohibition on Sunday work within the county, Chapter 1 of Title 53 shall not apply within such county after the result of the referendum is certified to the Secretary of State. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.
(G) The question put before the voters shall read as follows:
'Shall the prohibition on Sunday work continue in this county subject to an employee's right to elect not to work on Sunday if the prohibition is not continued after certification of the result of this referendum to the Secretary of State?'
SECTION 5. This act takes effect upon approval of the Governor. /
Amend title to conform.
The question then was the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senators DRUMMOND, J. VERNE SMITH, BRYAN, THOMAS, GIESE, WILLIAMS and SETZLER desired to be recorded as voting against the second reading of the Bill.
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable James H. Witherspoon, Jr., P.O. Box 943, Barnwell, S.C. 29812
Having received a favorable report from the York County Delegation, the following appointments were confirmed in open session:
Reappointments, York County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Edward H. Harvey, 190 Lawson Lake Drive, Clover, S.C. 29710
Honorable Brenda H. Ervin, 114 Springs Street, Fort Mill, S.C. 29715
The Honorable Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745
The Honorable Robert Davenport, Jr., 2211 Zinker Road, Rock Hill, S.C. 29732
Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
Mr. Herman Watson, 3905 Hill Street, Loris, S.C. 29569
Initial Appointment, Horry County Board of Voter Registration, with term to commence December 14, 1994, and to expire March 15, 1996:
At-Large:
Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382 VICE Elvin D. (Al) Tirrell
Having received a favorable report from the Chester County Delegation, the following appointments were confirmed in open session:
Reappointments, Chester County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
The Honorable William Ralph Garris, 25 Pinecrest Avenue, Great Falls, S.C. 29055-1339
The Honorable James T. Sealy, Route 3, Box 516, Chester, S.C. 29706
The Honorable Benjamin T. Murdock, P.O. Box 175, Richburg, S.C. 29729
Having received a favorable report from the Orangeburg County Delegation, the following appointments were confirmed in open session:
Reappointments, Orangeburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Betty Y. Bates, 2345 Norway Road, Orangeburg, S.C. 29115
The Honorable Rita W. Brown, P.O. Box 355, Springfield, S.C. 29146
The Honorable Richard Murray, 220 Greywood Drive, Branchville, S.C. 29432
The Honorable Foye J. Covington, P.O. Box 436, Norway, S.C. 29113
The Honorable Peggy D. Davis, P.O. Box 854, Orangeburg, S.C. 29116-0854
The Honorable Donald R. West, P.O. Box 365, Bowman, S.C. 29018
The Honorable Jacob Gillens, Sr., P.O. Box 188, Eutawville, S.C. 29048
The Honorable Willie Robinson, Jr., 866 New Hope Road, Orangeburg, S.C. 29115-8809
Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Reappointments, Florence County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
Honorable Clarice T. Kirby, P.O. Box 277, Olanta, S.C. 29114
Mr. James M. Lynch, Route 4, Box 19, Timmonsville, S.C. 29161
Mr. Robert L. McElveen, 440 Camelia Lane, Lake City, S.C. 29560
Mr. Roy Chives Roberts, P.O. Box 374, Johnsonville, S.C. 29555
Mrs. Kimberly Baggett McKnight, P.O. Box 263, Pamplico, S.C. 29583
Mr. Ulysses Frieson, P.O. Box 219, Effingham, S.C. 29541
Mr. Eugene Cooper, 205 East William Road, Coward, S.C. 29530
MOTION ADOPTED
On motion of Senators PASSAILAIGUE, WILLIAMS, ALEXANDER, BRYAN, CORK, COURSON, COURTNEY, DRUMMOND, ELLIOTT, FORD, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, JACKSON, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, RANKIN, REESE, RICHTER, ROSE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, GREG SMITH, J. VERNE SMITH, STILWELL, THOMAS, WALDREP, WASHINGTON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Samuel W. McConnell, beloved father of Senator McCONNELL.
Senator WILLIAMS moved that when the Senate adjourns it stand adjourned to meet tomorrow, March 1, 1995, at 10:00 A.M., which motion was adopted.
At 1:14 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.
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