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, hear words recorded in the ancient Book of Ezra (NRSV) (7:23):
"Whatever is commanded by the God of
heaven, let it be done with zeal."
Let us pray.
O holy and merciful God of our fathers, we know that Ezra was a scribe and a priest... and not a legislator.
We know also that it is easier to enunciate principles of life than it is to formulate the specifics of ethical conduct.
Yet we do humbly confess that we have not always tried as hard as we might have to discipline ourselves and bring our daily deeds to conform to the high principles we profess.
We confess with St. Paul when he said,
"I often find that I have the
will to do good,
But not the power."
Give us this day, O Lord, the knowledge, the will, and the power, to do the good we know we ought to do.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, 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.
January 18, 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, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:
5th Congressional District:
Mr. James E. Crawford, 3 Foundry Hill Road, Cheraw, S.C. 29520
Referred to the Committee on Judiciary.
February 28, 1995
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointments below.
Respectfully,
David M. Beasley
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:
3rd Congressional District:
Randall T. Ruble, Ph.D., P.O. Box 172, Due West, S.C. 29639 VICE Marlene McClain
Referred to the Committee on Corrections and Penology.
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1991, and to expire September 30, 1995:
At-Large:
Mrs. Sondra L. Campbell, 2312 Discher Street, Charleston, S.C. 29405 VICE Herbert J. Walton (resigned)
Referred to the Committee on Corrections and Penology.
The following was received:
Document No. 1766
Promulgated by Real Estate Appraisers Board, Department of Labor, Licensing and Regulation
Regulations Relating to Licensing, Certification, Fees, Continuing Education of Real Estate Appraisers
Received by Lt. Governor April 12, 1994
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn March 6, 1995
Senator STILWELL introduced Dr. Donald Gregg of Greenville, S.C., Doctor of the Day.
On motion of Senator STILWELL, at 12:00 Noon, Senator BRYAN was granted a leave of absence until 3:00 P.M.
On motion of Senator MARTIN, at 12:30 P.M., Senator ALEXANDER was granted a leave of absence until 2:30 P.M.
Senator MOORE rose to a Point of Personal Privilege.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Senator PASSAILAIGUE, with unanimous consent, was granted leave to speak on the Bill.
The following were introduced:
S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 605 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-130 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.
Read the first time and referred to the Committee on Education.
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Read the first time and referred to the Committee on Education.
S. 607 -- Senator Leatherman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS.
Read the first time and referred to the Committee on Finance.
S. 608 -- Senator Richter: A BILL TO AMEND SECTION 56-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO PROVIDE THAT INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT MOTOR VEHICLE OR MOTORCYCLE MUST BE INVESTIGATED BY ANOTHER AGENCY WHEN INJURY OR DEATH OCCURS OR INVOLVES A PRIVATELY-OWNED MOTOR VEHICLE OR MOTORCYCLE.
Read the first time and referred to the Committee on Judiciary.
S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.
Senator LEATHERMAN spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
H. 3747 -- Reps. Harvin and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA TUITION GRANTS PROGRAM ON ITS SILVER ANNIVERSARY AND COMMENDING THIS PROGRAM FOR ITS EXCELLENT WORK.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3748 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JASON DOOLEY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3754 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DENNY M. HILL OF GREER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3755 -- Rep. Tucker: A CONCURRENT RESOLUTION SALUTING SWISS-BASED MIKRON INSTRUMENT COMPANY ON ITS INTENDED CONSTRUCTION OF A SEVEN-MILLION-DOLLAR INJECTION-MOLDING PLANT OFF SOUTH CAROLINA HIGHWAY 187 IN ANDERSON COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3756 -- Reps. Tucker, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES ROBERT "ROB" ROGERS, SR., OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Read the first time and referred to the General Committee.
H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
Read the first time and on motion of Senator MESCHER, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator MESCHER, H. 3714 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Carolina's AGC to attend a reception at the Adam's Mark Hotel on Tuesday, March 14, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Peeler Wilson Patterson Stilwell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Thomas Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Assn. of Public Library Adm. of S.C. to attend a luncheon at the Ramada Town House on Wednesday, March 15, 1995, immediately upon adjournment, and lasting until 2:00 P.M.
AYES
Courson Wilson Thomas Patterson Stilwell O'Dell Passailaigue
TOTAL--0
NOT VOTING
Peeler Matthews Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from DuPont to attend a reception at the Capital City Club on Wednesday, March 15, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Peeler Wilson Patterson Stilwell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Thomas Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. (W.I.F.E.) to attend a breakfast in the lower lobby, State House on Thursday, March 16, 1995, from 8:30 until 10:30 A.M.
AYES
Courson Peeler Wilson Patterson Stilwell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Thomas Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. AFL-CIO to attend a reception at the Ramada Town House on Tuesday, March 21, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Wilson Matthews Thomas Patterson Stilwell Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler O'Dell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Assn. of Counties to attend a reception at the Embassy Suites on Wednesday, March 22, 1995, from 6:00 until 7:30 P.M.
AYES
Courson Peeler Wilson Patterson Stilwell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Thomas Russell
CONCURRENCE
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.
The House returned the Bill with amendments.
On motion of Senator COURTNEY, 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. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
Returned with concurrence.
Received as information.
S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
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.
The following Bill was read the third time and ordered sent to the House of Representatives:
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.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.
H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.
H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
S. 589 -- Invitations Committee: A SENATE RESOLUTION TO FIX 11:15 ON WEDNESDAY, MARCH 15, 1995, AS THE TIME FOR MR. JOHN MARK MCQUOWN TO SING BEFORE THE SENATE.
The Senate Resolution was adopted.
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.
Senator McCONNELL argued contra to the adoption of the amendment.
With Senator McCONNELL retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.
Senator SETZLER objected.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.
A roll call vote was ordered.
Senator PASSAILAIGUE moved to table the motion.
Senator McCONNELL raised a Point of Order that the motion to table came too late inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Drummond Ford Glover Holland Jackson Land Martin Matthews McConnell McGill Patterson Peeler Reese Saleeby Short Smith, J.V. Stilwell Thomas Waldrep Washington Williams
NAYS
Cork Courson Courtney Elliott Giese Gregory Hayes Lander Leventis Mescher Moore O'Dell Passailaigue Rankin Richter Rose Russell Ryberg Setzler Wilson
The Joint Resolution was recommitted to the Committee on Judiciary.
We had to vote to recommit the Felony Bill back to the committee because of the insistence of the term limit supporters to piggyback on to the back of the Felony Disqualification Bill. The Felony Bill needed 31 votes and could not get it with a term limits amendment on it. Since the amendments would possibly be appended by a majority vote, it was best to send it back and force the term limits supporters to travel under their own bill.
Due to a meeting previously scheduled, I had requested a leave of absence until 2:30. However, the Senate adjourned at 1:52 P.M. I requested the Clerk to place this statement in the Journal that had I been present I would have voted "no" on the motion to recommit.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
MOTION ADOPTED
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Janie Garner Toney, beloved mother of Jane Fallaw, Administrative Assistant to Senator SETZLER.
At 1:52 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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