Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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, we are all, symbolically, traveling the road from Jerusalem to Jericho. Hear St. Luke, Chapter 10 (vv. 30,33):
"A certain man went down from Jerusalem to
Jericho, and fell among thieves, which
stripped him of his raiment, and wounded
him, and departed, leaving him half dead.
... But a certain Samaritan, as he journey-
ed, came where he was: and when he saw
him, he had compassion on him..."
Let us pray.
Heavenly Father, in the Scriptures You have given us a vision of that holy city, the New Jerusalem, to which the nations of the world bring their treasures and their lives.
We long for a better world than this one that we know so well.
Help us to believe that with a change in human character and attitudes, with Your help, we can eliminate poverty, hunger, racial prejudice and oppression.
With Your help and our cooperation we can live peaceful lives, and all of us, together, can enjoy the fruits of the good life.
Keep before us the vision of a New Jerusalem where folk from various cultures, and with differing talents and dreams, may find, with one another, the fulfillment of our humanity.
Help us to move forward on the Journey today!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 4, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:
5th Congressional District:
Mr. Bobby R. Bagley, Post Office Box 1119, Sumter, S.C. 29151
Senator LAND introduced Dr. Clarence E. Coker, Jr. of Manning, S.C., Doctor of the Day.
The following were introduced:
S. 789 -- Senator Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.
Read the first time and referred to the Committee on Banking and Insurance.
S. 790 -- Senators Holland, Moore and Leatherman: A JOINT RESOLUTION TO PROVIDE THAT NO INCREASE MAY BE MADE IN THE RECOUPMENT CHARGE AUTHORIZED UNDER THE PROVISIONS OF SECTION 38-77-600 OF THE 1976 CODE, AS AMENDED, BEFORE MARCH 1, 1996; TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO MAKE A FULL AND COMPLETE STUDY OF THE OPERATION OF THE SOUTH CAROLINA REINSURANCE FACILITY, TO REVIEW ALL STATUTES PERTAINING TO THE PRICE, AVAILABILITY, AND REGULATION OF AUTOMOBILE LIABILITY INSURANCE IN SOUTH CAROLINA, AND TO MAKE A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY NOT LATER THAN JANUARY 30, 1996.
Read the first time and referred to the Committee on Banking and Insurance.
S. 791 -- Senator Russell: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO TRANSFER THE COMMISSION TO THE GOVERNOR'S OFFICE, CHANGE THE NAME, AND PROVIDE FOR THE DIVISION FOR THE BLIND.
Read the first time and referred to the Committee on Judiciary.
S. 792 -- Senator Rose: A JOINT RESOLUTION TO TRANSFER JURISDICTION OVER THE RICHARD M. CAMPBELL VETERANS NURSING HOME FROM THE DEPARTMENT OF MENTAL HEALTH TO THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR.
Read the first time and referred to the Committee on Judiciary.
S. 793 -- Senators Richter and Giese: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECTION OF ELIGIBLE JURORS, SO AS TO LIMIT THE POOL OF ELIGIBLE JURORS TO REGISTERED VOTERS.
Read the first time and referred to the Committee on Judiciary.
S. 794 -- Senator Lander: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 795 -- Senator Lander: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 796 -- Senator Land: A BILL TO AMEND TITLE 39, CHAPTER 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG PRODUCT SELECTION, BY ADDING ARTICLE 3 SO AS TO ENACT THE FAIR PRICE ACT FOR PRESCRIPTION DRUGS, TO DEFINE TERMS, TO PRESCRIBE PRICING PROCEDURES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES; AND TO DESIGNATE SECTIONS 39-24-10 THROUGH 39-24-60 AS ARTICLE 1 OF CHAPTER 24, TITLE 39 AND ENTITLED "DRUG PRODUCT SELECTION" AND TO RENAME TITLE 39, CHAPTER 24 AS "DRUG PRODUCT SELECTION AND DRUG PRICING".
Read the first time and referred to the Committee on Medical Affairs.
H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives, the Senate concurring:
That the following rules are adopted as the Joint Rules of the Senate and the House of Representatives for the 1995 and 1996 Sessions of the General Assembly:
Every Bill shall receive three readings on three several days in the House in which it originates before it is sent to the other House.
All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer.
When the two Houses meet for any purpose, the President of the Senate shall preside and discharge the duties of the Joint Assembly. If he is unable to do so, the President Pro Tempore of the Senate shall preside in his place and stead. If neither is able to preside, the Speaker of the House shall preside in their absence.
Questions of difference between the two Houses shall be referred to Committees of Conference as follows:
If the disagreement concerns a Resolution, Bill, or Report adopted by one House and sent to the other House for consideration, and it be proposed to amend such Resolution, Bill, or Report, the House in possession of the paper will send a message to the other House containing the amendment proposed. If that House disagrees to the amendment, it will return a message accordingly. If the House proposing the amendment still desires to urge it, it will send a message to the other House, insisting upon its amendment, and asking that a Committee of Conference may be appointed at the same time naming its own Committee of Conference. This must be granted as of course. The Committee of Conference shall meet in Joint Session and shall formulate and submit its report in writing to both Houses. If the Joint Committee of Conference fails to agree upon any plan of settlement, or its Report is not concurred in by both Houses the Resolution, Bill, or Report is lost. Provided, that the Conference Committee does not have the power to insert any new matter not found in the Senate or House version of the Bill, Resolution, or Report in disagreement. Nor does the Conference Committee have power to alter or delete any matter agreed upon by both Houses in such Resolution, Bill, or Report, and in the case of appropriation of money it does not have the power to exceed the maximum or go below the minimum found in either the Senate or House version. Provided, further, that upon the approval of two-thirds vote of the entire membership of the Senate and the House separately taken any Resolution, Bill, or Report may be referred to a Committee of Free Conference. Provided, further, that any new matter inserted in an Appropriation Bill by a Free Conference Committee may be stricken upon motion carried by majority vote in either the Senate or the House of Representatives and that all new matter, including any appropriation which is in excess of the maximum amount passed by either the Senate or the House, contained in a report of a Free Conference Committee, must be italicized except that in the event any question arises as to what constitutes new matter the same must be resolved by the presiding officer of each body.
Provided, further, it is always in order before the adoption of the report of the Committee of Free Conference to move to recommit it to the same Committee of Free Conference notwithstanding that either House had adopted the report. If that motion prevails (by a majority vote of either House) a message must be sent to the other House informing them of that action. Upon receipt of the message, notwithstanding the previous adoption of report of the Committee of Free Conference, a motion is in order to recommit the report to the same Committee of Free Conference.
When a Bill or Resolution or any other matter which has passed in one House is rejected in the other, notice must be given to that House in which the same has passed.
Each House shall transmit to the other all papers upon which any Bill or Resolution or Report sent to it for consideration has passed.
All Bills that have been read three times in each House and have been duly engrossed and become Acts must be returned into the possession of the Clerk of that House in which the Bills originated. A day for the ratification of them in the Senate Chamber must be fixed by a message between the two Houses. At the time appointed, the Speaker of the House, attended by the Clerk of the House and Sergeant-at-Arms, in the official costume, with the members of the House, shall repair to the Senate Chamber, the Clerk of the House taking with him the House Acts which are to be ratified. The Senate, with its officers, shall duly receive the House and its officers, the Clerk of the Senate having in his possession the Senate Acts which are to be ratified. At this time, the President of the Senate and Speaker of the House shall interchangeably sign and present to each other the Acts from their respective Houses by their respective titles; and when they are all signed and ratified, they must be left with the Clerk of the Senate, and the Speaker with the House and its officers, shall retire to the Hall of the House. The Clerk of the Senate shall immediately deliver the Acts to the Governor for his action, making a note on each Act of the day and hour of its delivery.
All Joint Assemblies for whatever purpose shall convene at the hour set in the Concurrent Resolution adopted by both the Senate and the House calling for the convening of the Joint Assembly. Only matters set forth in the Concurrent Resolution setting the Joint Assembly may be considered in the Joint Assembly and no Concurrent Resolution may set a Joint Assembly less than three calendar days in advance of the Joint Assembly.
(A) In a Joint Assembly, when a vote is being taken, no member may change his vote after it has been announced and recorded but a member who did not vote when his name was called may do so before the result has been duly announced.
(B) In all elections held by the Joint Assembly nominations to fill the vacancies must be called for by the presiding officer, and all seconds of nominations must be forwarded to the desk after the presiding officer shall declare that 'It appears to the Chair that no further nominations are to be made'.
(C) Seconds to nominations are then in order until the motion to 'proceed to a ballot' is made and adopted. No nominations or seconding speeches are allowed unless by previously arranged Concurrent Resolutions providing for it.
(D) If there is only one nomination to fill any one vacancy, it is permissible to elect and declare the election by viva voce vote.
(E) In elections where there are more nominations than there are vacancies, and the Presiding officers of each House consider it necessary, there must be appointed on behalf of the Senate by the President of the Senate such Senators and the Assistant Clerk of the Senate and by the Speaker of the House of Representatives such Representatives and the Assistant Clerk of the House of Representatives who shall serve as tellers for the pending election. The Reading Clerks of the respective Houses shall call the respective rolls, but nothing in this rule shall prevent the House, with unanimous consent from the Joint Assembly, from voting by electronic means available in the Chamber at the time of the vote.
In all elections in the Joint Assembly the doors of the Hall of the House of Representatives must be closed and no person other than members, Clerks, and attaches of the two Houses must be allowed within the Hall of the House of Representatives; provided, however, that the gallery must be open to visitors. The Sergeant-at-Arms of the two Houses and the doorkeepers are charged with enforcement of this rule.
(A) There is created a joint committee to be designated as the Committee on Invitations to be composed of six members, three of whom must be appointed by the President of the Senate from the members of that body and three of whom must be appointed by the Speaker of the House of Representatives from the members of that body.
(B) Invitations may be issued only to the Invitations Committee. Any invitations extended to the General Assembly to attend any functions held on a statewide legislative day between the hours of eight o'clock a.m. and seven o'clock p.m. must be referred to this committee at least ten days in advance in order that it may determine what legislation or other pertinent matters may be pending before the General Assembly and its committees before action is taken on this invitation. The General Assembly may accept only one invitation each day after six o'clock p.m. The General Assembly shall accept no invitations to any functions other than a breakfast or luncheon before six o'clock p.m. No invitations to functions for the General Assembly as a whole may be accepted after the third Thursday in May.
(C)(1) The committee shall not recommend the extension of an invitation:
(a) to any person or group to address the Joint Assembly or to appear unless the person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the General Assembly; or
(b) to any individual or group for any artistic performance before the Joint Assembly during the established hours of meeting.
(2) After recommending the extension of an invitation by a report to the Senate and the House, both bodies must adopt a Concurrent Resolution to officially extend an invitation to this person or group.
Any Bill or Joint Resolution may be engrossed, amended, enrolled, or ratified by the use of necessary printed or typewritten material, or a combination of them, which has been duly certified.
The General Appropriation Bill and Supplemental Appropriation Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, and procedures relative to it; and no provision of an Appropriation Bill, and no amendment to it is in order unless its substantial effect is directly germane to these purposes. No provision may be put in a permanent part of this Bill unless it relates directly with an appropriation being made or revenue provided in it for the fiscal year referred to in the Bill. The provisions of this rule shall be strictly construed and no precedents established, prior to January 1, 1986, in construing this paragraph may be considered. The provisions of this rule must be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriation Bill and Supplemental Appropriations Bills.
(A) Upon the receipt from a state agency of administrative regulations for legislative review pursuant to the Administrative Procedures Act, the Lieutenant Governor and the Speaker of the House shall have the regulations delivered to the Clerk of the State Register for initial processing. The Clerk shall place the regulations in a regulation cover and enter on the cover the name of the promulgating agency, the chapter number assigned to the agency for codification of its regulations, the statutory authority for promulgating the regulations, a brief title, the dates the regulations were received by the Speaker and the Lieutenant Governor and based on the date of receipt, the expiration of the one hundred twenty-day period which would allow the regulations to become effective without legislative action. Separate and distinctive covers must be used for the Senate and the House. Each set of regulations relating to the same subject shall have a separate cover and be assigned a document number which must be the same for identical regulations submitted to both Houses. After entry of the above preliminary information the Clerk of the State Register shall deliver the regulations to the Clerks of the respective Houses. When the Lieutenant Governor and the Speaker refer the regulations to a standing committee, the Clerks of the respective Houses shall enter upon the regulation cover the committee of reference, notify the Clerk of the State Register of the committee referrals, and deliver the regulations in the cover to the committee concerned. The Clerks of both Houses shall have printed in their journals appropriate information as to the receipt and reference of these regulations.
(B)(1) When any standing committee takes action on regulations referred to it, the committee shall notify the Clerk of the State Register of this action. The Clerk of the State Register is responsible for monitoring and coordinating legislative actions on regulations between both Houses, and based on these actions, the computation of revised legislative review expiration dates and publication as final in the South Carolina State Register.
(2) If the committee introduces a Joint Resolution approving or disapproving regulations, a copy of the regulation text must be attached to the Resolution.
(C) Upon the receipt from a state agency of a letter of agency action responding to a committee request to withdraw or resubmit a regulation, the Lieutenant Governor and the Speaker of the House shall have the letter of agency action delivered to the Clerk of the State Register for processing. The Clerk shall attach the letter of agency action and any resubmitted regulations to a cover sheet stating the action, status, and revised expiration date. The Clerk of the State Register shall deliver the documents to the Clerks of the respective Houses. The Clerks of both Houses shall have printed in their journals appropriate information as to the receipt and reference of such regulations or agency action.
(D) Upon sine die adjournment in each year the Clerk of the State Register shall notify standing committees of both Houses of pending regulations, and the sine die revised legislative review expiration dates.
(E) The Clerk of the State Register is responsible for preparation and printing of regulation covers in a format approved by the Lieutenant Governor and the Speaker of the House of Representatives.
The Clerks of the House and Senate shall prepare forms for Concurrent Resolutions expressing the sympathy or congratulations of the members of both Houses. Any member wishing to sponsor this Resolution shall forward in writing, on a form prepared by the Clerks, information sufficient to prepare the Resolution. The Clerk of the body where the Resolution is to be introduced shall prepare the Resolution. Both the Speaker of the House and the President of the Senate shall sign the Resolution on behalf of the membership. These Resolutions may not be read to the House or Senate or printed in their respective journals except upon the request of ten members of that House.
Every General Appropriation Bill and Supplemental Appropriation Bill for the ordinary expenses of state government must, prior to third reading in both Houses and prior to final concurrence by both Houses, and conference and free conference reports must have attached to it a certificate from the Budget Division of the Budget and Control Board and certification from the Board of Economic Advisors stating that in their opinion the totals of the appropriations in it provided for are not in excess of the estimated total revenue of the State for those purposes, including appropriations and revenue which may be provided for in the Bill or any other Bill previously enacted for the fiscal year to which the Appropriation Bill is applicable. Each General Appropriation Bill and each Supplemental Appropriation Bill shall conform to the requirements of Section 11-11-140, South Carolina Code of Laws, as amended.
No provisions of these Joint Rules may be suspended, even by unanimous consent. Amendments to the Joint Rules may be made by Concurrent Resolution passed by both the Senate and House of Representatives by a two-thirds vote of the entire membership."
Referred to the Committee on Rules.
H. 4156 -- Reps. Marchbanks, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4161 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING CLAUDETTE HAZEL CHAPMAN CURETON OF GREENVILLE COUNTY FOR HER DEDICATED AND OUTSTANDING SERVICE TO GREENVILLE TECHNICAL COLLEGE AND THE PUBLIC SCHOOL SYSTEM AND WISHING HER SUCCESS AND HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4163 -- Reps. Cotty, Shissias and Howard: A CONCURRENT RESOLUTION TO COMMEND RICHLAND COUNTY SCHOOL DISTRICT TWO FOR ITS MAGNIFICENT ARTS EDUCATION PROGRAM AND FOR ITS RECEIPT OF A 1995 ELIZABETH O'NEILL VERNER AWARD FOR ITS CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4164 -- Reps. Koon, Gamble, Spearman, Knotts, Wright, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND TOMMY HARMAN OF LEXINGTON UPON BEING NAMED THE DIRECTOR OF THE LEXINGTON CHAMBER OF COMMERCE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4165 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE WALLACE D. CONNOR OF WILLIAMSBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4169 -- Reps. Harvin and Kelley: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RUDOLPH P. BENIK OF MYRTLE BEACH AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4171 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE CECIL CLIFTON CORBETT, JR., ON HIS RICHLY DESERVED INDUCTION INTO THE SOUTH CAROLINA MUSIC AND ENTERTAINMENT HALL OF FAME ON APRIL 18, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.
Read the first time and referred to the Committee on Finance.
H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and on motion of Senator LEVENTIS, with unanimous consent, ordered referred to the Committee on Labor, Commerce and Industry.
H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, 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. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.
Read the first time and referred to the General Committee.
H. 4137 -- Reps. Spearman, McAbee and Clyburn: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation polled out H. 3552 with no report:
H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
AYES
Land Leatherman O'Dell Greg Smith McGill Mescher Passailaigue Rose Short Elliott Waldrep Rankin
NAYS
TOTAL--0
NOT VOTING
Williams Leventis Wilson Patterson Richter Ryberg
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Society of Assn. Executives to attend an ice cream reception at the State House Grounds, South Side on Wednesday, May 3, 1995, from 1:00 until 2:00 P.M.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Thomas Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Recreation and Parks Assn. to attend a reception/barbecue at Finlay Park on Wednesday, May 3, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Thomas Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Laidlaw Environmental Services to attend a reception at the State Museum on Thursday, May 9, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Thomas Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Palmetto Project, S.C. Commun-I-Care Program to attend a reception at the Capital City Club on Wednesday, May 10, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Thomas Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Assn. of Citadel Men to attend a barbecue at the Capital City Club on Wednesday, May 16, 1995, from 6:30 until 10:00 P.M.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Thomas Rose
Ordered for consideration tomorrow.
S. 765 -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".
Returned with concurrence.
Received as information.
S. 781 -- Senators Ford, Glover, Jackson, Matthews, Patterson and Washington: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 251 -- Senators Hayes and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.
Senator STILWELL explained the Bill.
S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
S. 505 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-106 SO AS TO PROHIBIT A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR FROM USING LEGAL PROCESS TO ENFORCE THE PROVISIONS OF ANY CONSTRUCTION CONTRACT IF THE CONTRACTOR IS NOT A LICENSED CONTRACTOR.
(By prior motion of Senator STILWELL, with unanimous consent)
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.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (177R001.JEB), which was adopted:
Amend the bill, as and if amended, page 1, line 27, by deleting the word /derived/ and inserting in lieu thereof the following:
/collected or accrued/.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 780 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED DISCLOSURE OF INFORMATION BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO ADD A PROVISION AUTHORIZING THE COMMISSION TO SUPPLY CERTAIN INFORMATION TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator J. VERNE SMITH proposed the following amendment (LCI\780.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 28 and inserting in lieu thereof the following:
/as the commission may by regulation prescribe. The Such information may/
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 668 -- Senator Gregory: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO INCREASE THE AMOUNT OF JUDGMENTS ON RECOGNIZANCE A MAGISTRATE MAY CONFIRM TO FIVE HUNDRED DOLLARS PLUS FEES AND ASSESSMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0668.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, in Section 17-15-170, as contained in SECTION 1, by striking lines 32 and 33 in their entirety and inserting therein the following:
/confirmed. A magistrate may confirm judgments of two hundred eighteen five hundred dollars or less plus fees and/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 773 -- Senator Lander: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Senator LANDER, S. 773 was ordered to receive a third reading on Friday, April 28, 1995.
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LEVENTIS explained the Bill.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
On motion of Senator PASSAILAIGUE, S. 753 was ordered to receive a third reading on Friday, April 28, 1995.
S. 710 -- Senator McConnell: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER AND THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER THE SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT, SO AS TO ADD DISMEMBERMENT, MULTIPLE STABBING, AND MULTIPLE SHOOTING OF A PERSON TO THE LIST OF AGGRAVATING CIRCUMSTANCES A JUDGE SHALL CONSIDER OR INCLUDE IN HIS INSTRUCTIONS TO A JURY DURING THE SENTENCING PHASE OF A DEATH PENALTY PROCEEDING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0710.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 38, in Section 16-3-20(C)(a)(1), as contained in SECTION 1, by striking lines 38 through 41 in their entirety and inserting therein the following:
/(h) physical torture.; or
(i) dismemberment of a person./.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (BR1\18450AC.95), which was adopted:
Amend the bill, as and if amended, page 1, by deleting /an/ on line 26 and inserting /a school for respiratory therapy approved by the/.
Amend further, page 2, by deleting /an approved/ on line 35 and inserting /approved a/.
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (JIC\5856HTC.95), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from monies in the Capital Reserve Fund for fiscal year 1994-95 the following amounts for the purposes stated:
(1) Budget and Control Board
Federal Retiree Settlement $12,500,000
(2) Budget and Control Board
Catawba Indian Settlement 2,500,000
(3) State Election Commission
1996 Primary Elections 500,000
(4) Commission on Higher Education
Formula 35,071,124
(5) Tuition Grants
Grant Funds 1,000,000
(6) Department of Education
Bus Maintenance and Fuel 1,000,000
(7) Department of Corrections
Vehicles and Maintenance 2,211,360
(8) Department of Juvenile Justice
Vehicles and Equipment 870,000
(9) Governor's Office-SLED
Vehicle Replacement 1,510,000
(10) Department of Natural Resources
Vehicles and Law Enforcement Equipment 1,000,000
(11) Judicial Department
Automation of Court System 1,441,612
(12) Department of Health and Environmental Control
Grand Strand Beach Renourishment 5,200,000
(13) Department of Parks, Recreation and Tourism
Palmetto Trail 800,000
(14) Department of Insurance
Computer 1,000,000
(15) Department of Health and Environmental Control
Environmental Information
System (One-Stop Permitting) 2,000,000
(16) John De La Howe
Status Offenders 650,000
(17) State Library
State Aid to County Libraries 1,000,000
(18) Commission on Higher Education
EPSCOR 2,000,000
(19) Election Commission
Automated Voting Equipment 415,000
(20) Judicial Department
Pilot Arbitration Program 100,000
(21) Administrative Law Judges
Training 10,775
(22) Clemson PSA
Camp Hope 672,000
Total $73,451,871
SECTION 2. With respect to appropriations made in Section 1 of this joint resolution:
(1) Any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the United States Army Corps of Engineers certifies to the Department of Health and Environmental Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.
(2) The funds appropriated to the State Library for Aid to County Libraries must be allotted to each county on a per capita basis according to the official United States Census for 1990 as aid to the county libraries. To receive this aid, local library support must not be less than the amount actually expended for library operations from local sources in the second preceding year.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1994-95 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend totals and title to conform.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (JIC\5857HTC.95), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From 1994-95 surplus general fund revenues previously unavailable for appropriation pursuant to Section 11-11-140 of the 1976 Code, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) Aid to Subdivisions
Local Government Fund $ 7,037,987
(2) Commission on Higher Education
Formula 5,830,531
(3) Tuition Grants
Grant Funds 1,218,736
(4) State Tech Board
Special Schools 5,000,000
(5) Highway Fund 11,368,500
(6) Commission on Higher Education
Technology 2,000,000
(7) Commission on Higher Education
African-American Loan Program 330,000
(8) State Library
Reading Devices 276,000
(9) Arts Commission
Computer Network 25,000
(10) Arts Commission
Specific Arts Projects 50,000
(11) State Budget and Control Board
Local Grant Funds 330,000
(12) Transfer to General Fund 10,000,000
(13) Department of Education
Instructional Materials 1,000,000
(14) Department of Education
Library Materials 1,000,000
(15) Forestry Commission
Forest Fire Control Equipment 1,700,000
(16) Department of Commerce
Williamsburg, York, Hartsville Airports 1,295,127
(17) Department of Natural Resources
Vehicles and Law Enforcement Equipment 1,093,246
(18) Governor's School Science and Math
Assistant Director 75,000
(19) Educational Television
Short Distance Education 191,896
(20) School for Deaf and Blind
Campus Safety Program 50,000
(21) State Museum
Personnel and Operating 24,682
(22) Commission on Higher Education
African-American Studies
University of South Carolina 200,000
(23) Commission on Higher Education
Greenville Higher Education Consortium 200,000
(24) Department of Natural Resources
Replace Aircraft Engine 60,000
(25) Department of Natural Resources
Computer Mapping 205,000
(26) Department of Natural Resources
Dennis Wildlife Center Maintenance 300,000
(27) Department of Natural Resources
Environmental Planning 140,000
(28) Department of Natural Resources
Dredge Boat Slip 390,000
(29) Department of Natural Resources
Communications Equipment 100,000
(30) Workers' Compensation
Equipment 9,755
(31) Governor's Office-SLED
Lab Equipment 150,000
(32) Department of Parks, Recreation and Tourism
McNair Memorial 50,000
(33) Department of Revenue
DMV Deferred Maintenance 167,000
(34) Commission for the Blind
Roof Repair 204,240
(35) Educational Television
Technology for All Schools 1,000,000
(36) Confederate Relic Room
Renovation 62,000
(37) Department of Education
Darlington Desegregation Lawsuit 1,000,000
(38) State Library
Computer and Video Equipment 253,000
(39) Department of Natural Resources
Wildlife Guide 40,000
(40) Sea Grant Consortium
Partnership for Sustainable Communities 56,000
(41) Attorney General
Legal Services Study 50,000
(42) Appellate Defense
Supplies and Equipment 5,000
(43) Department of Agriculture
Market Services 52,547
Total $54,591,247
SECTION 2. (A) Appropriations in Sections 1 and 2 of this bill are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.
(B) Unexpended funds appropriated pursuant to this bill may be carried forward to succeeding fiscal years and expended for the same purposes.
(C) The ten million dollar transfer to the general fund of the State pursuant to Section 1 of this bill is the revenue source required to be identified pursuant to Section 12-7-435(l) of the 1976 Code for the extra state individual deduction allowed for dependents under six years of age.
SECTION 3. With respect to appropriations made in Section 1 of this bill:
(1) Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession.
(2) Of the funds appropriated to the Department of Education for Library Materials, $1,000 must be distributed to each school district with remaining funds distributed on a per-pupil basis.
(3) The amount appropriated to the State Highway Fund must be allocated among the State Highway Fund, the Economic Development Account, and the County Transportation Fund in the proportion that interest earned on each of these accounts is of the total of the interest earned on all of these accounts in the most recently completed fiscal year.
SECTION 4. This bill takes effect upon approval by the Governor but no appropriation pursuant to this bill may be paid before January 9, 1996./
Amend totals and title to conform.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (JIC\5855HTC.95), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1994-95 general fund surplus revenues in excess of $54,591,247, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) General Reserve Fund
Contribution $10,556,980
(2) Aid to Subdivisions
Local Government Fund 8,679,747
(3) Department of Education
Instructional Materials 10,000,000
(4) Department of Health and Human Services
Maintain Medicaid Program 13,866,718
(5) Department of Health and Human Services
Community Long Term Care 1,062,628
(6) Department of Health and Human Services
Emotionally Disturbed Children 12,000,000
(7) Department of Corrections
Ridgeland 11,828,074
(8) Commission on Higher Education
Formula 2,946,809
(9) Department of Education
Fringe Equity-Holdharmless 8,500,000
(10) Department of Education
School Bus Driver Salaries 1,997,343
(11) (a) Appellate Defense
Agency Deficit 94,296
(b) Adjutant General
Agency Deficit 639,843
(12) Judicial Department
New Judges 1,000,000
(13) Department of Corrections
Medical Services 383,000
(14) Probation, Parole and Pardon
Offender Supervision and Agents 1,658,116
(15) Wil Lou Gray
Food Service - USDA 15,000
(16) Vocational Rehabilitation
Case Services 950,000
(17) Arts Commission
Operating 11,098
(18) Commission on Higher Education
SCAMP 600,000
(19) Attorney General
Statewide Grand Jury 500,000
(20) Department of Natural Resources
Operating Expenses, Insurance 150,000
(21) Sentencing Guidelines
Operating 9,500
(22) Probation, Parole and Pardon
Residential Services 200,000
(23) Human Affairs Commission
Investigators 150,000
(24) Judicial Department
National Center for State Courts 80,476
Total $87,879,628
SECTION 2. To the extent that fiscal year general fund surplus revenues remain after the appropriations provided in Section 1 of this joint resolution, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) Governor's Office
Legacy Trust Fund $5,000,000
(2) Department of Mental Health
Pee Dee Mental Health Center 5,500,000
(3) Clemson PSA
Animal Diagnostic Lab 5,097,060
(4) Department of Mental Health
Reimburse Patient Fee Account 3,800,000
(5) University of South Carolina
Institute of Public Affairs 500,000
SECTION 3. (A) Appropriations in Sections 1 and 2 of this joint resolution are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.
(B) Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 4. In addition to the appropriations provided in Sections 1 and 2 of this joint resolution, there is appropriated from the general fund of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June, 1996, shall result in forfeiture and lapse of these appropriations.
SECTION 5. This joint resolution takes effect upon approval by the Governor, but no appropriation in Sections 1 or 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1994-95./
Amend totals and title to conform.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GREG SMITH proposed the following amendment (JUD0654.002):
Amend the bill, as and if amended, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend title to conform.
Senator GREG SMITH explained the amendment.
Senator THOMAS objected to further consideration of the Bill.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator RYBERG objected.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator GREG SMITH.
Senator GREG SMITH proposed the following amendment (JUD0654.002), which was adopted:
Amend the bill, as and if amended, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator J. VERNE SMITH desired to be recorded as voting against the second reading of the Bill.
H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL, 1995, IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO THE CONSIDERATION OF H. 3362, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Senate Finance Committee.
Senator DRUMMOND, Chairman of the Senate Finance Committee, spoke on the report.
Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LAND, Chairman of the Subcommittee on Judiciary/Corrections/Public Safety, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LEVENTIS, Chairman of the Subcommittee on PRT, Cabinet Agencies, Commerce, Labor/Natural Resources, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:05 P.M., Senator MARTIN assumed the Chair.
Senator SETZLER, Chairman of the Subcommittee on Education, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:15 P.M., the PRESIDENT assumed the Chair.
Senator SETZLER continued speaking on the subcommittee report.
Senator DRUMMOND spoke on the report.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet Friday, April 28, 1995, under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up and that when it adjourns on Friday, it stand adjourned to meet at 2:00 p.m. on Monday, May 1, 1995, in statewide session.
There was no objection and the motion was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate begins consideration of H. 3362 (the General Appropriation Bill), and continuing through the consideration of H. 3363, H. 3647, and H. 3690, that a limited number of persons from the staffs of the Budget and Control Board and the Senate Finance Committee be granted the Privilege of the Floor to that area inside the rail.
There was no objection and the motion was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that the Committee Report on H. 3362 (the General Appropriation Bill) be adopted and that H. 3362, H. 3363 (Capital Reserve Fund), H. 3647 (Carnell-Felder Act), and H. 3390 (Supplemental Appropriation Bill) be given a second reading with notice of general amendments on third reading and that all members would reserve their right to raise any Point of Order and to offer amendments without regard to questions of degree and without prejudice due to the adoption of the committee amendments.
Senators CORK and ROSE objected.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate completes consideration of H. 3362 (the General Appropriation Bill) that it proceed immediately thereafter to the consideration of H. 3363 (Capital Reserve Fund), to the exclusion of all other matters until completed; and, further, that, when the Senate completes consideration of H. 3363, it proceed to the consideration of H. 3690 (Supplemental Appropriation Bill) to the exclusion of all other matters until completed and that, when the Senate completes consideration of H. 3690 that it proceed to the consideration of H. 3647 (Carnell-Felder Act) to the exclusion of all other matters until completed; provided, that nothing in this motion alters the Senate's proceeding through the Morning Hour and the Call of the Uncontested Calendar each session day as provided under Rule 10.
Senator CORK objected.
Senator McCONNELL asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree and without prejudice due to the adoption of the committee amendment.
There was no objection and the Report of the Senate Finance Committee was adopted.
Senator DRUMMOND requested that Points of Order on H. 3362 be submitted to the Desk.
Senator BRYAN raised a Point of Order that Part II, Section 56, was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL asked unanimous consent to make a motion that, when the Senate completes consideration of H. 3362 (the General Appropriation Bill) that it proceed immediately thereafter to the consideration of H. 3363 (Capital Reserve Fund), to the exclusion of all other matters until completed; and, further, that, when the Senate completes consideration of H. 3363, it proceed to the consideration of H. 3690 (Supplemental Appropriation Bill) to the exclusion of all other matters until completed and that, when the Senate completes consideration of H. 3690 that it proceed to the consideration of H. 3647 (Carnell-Felder Act) to the exclusion of all other matters until completed; provided, that nothing in this motion alters the Senate's proceeding through the Morning Hour and the Call of the Uncontested Calendar each session day as provided under Rule 10.
There was no objection and the motion was adopted.
Debate was interrupted.
At 12:50 P.M., Senator RICHTER requested a leave of absence until 3:00 P.M. for himself, Senator RYBERG and Senator WALDREP.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
Senator SALEEBY asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MARTIN proposed the following Amendment No. 1 (BBM\10069JM.95), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . (A) Section 56-10-10 of the 1976 Code is repealed.
(B) The 1976 Code is amended by adding:
"Section 56-10-35. Notwithstanding any other provision of law, as an alternative to the type of security required by Section 56-10-20, a resident driver of a motor vehicle may opt to drive uninsured. If such person makes this election, he shall be required to pay an additional two hundred dollars for his motor vehicle license plate and registration, over and above the amount required by law for the license plate and registration. The additional two hundred dollars must be deposited by the Department of Revenue and Taxation in a special fund known as the Uninsured Motorist Fund. The fund must be administered by the Department of Insurance, with the fund's proceeds allocated to the recoupment portion of the uninsured motorist's coverage of the Reinsurance Facility losses."/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved that the amendment be laid on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Courtney* Drummond Elliott Ford Giese Glover Hayes Holland Jackson Land Matthews McGill Mescher Patterson Rankin Saleeby Short Washington Williams
NAYS
Alexander Cork Gregory Lander Leventis Martin McConnell O'Dell Passailaigue Peeler Reese Rose Russell Setzler Smith, G. Smith, J.V. Stilwell 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 amendment was laid on the table.
Senator SALEEBY proposed the following Amendment No. 2 (SALEEBY\MLP\0006), which was adopted:
Amend the bill, as and if amended, by adding the following SECTIONS:
/SECTION _____. The title of Section 38-77-540 of the 1976 Code is amended to read:
"Duties of ceding insurer Facility rate plans."
/SECTION ______. Section 38-77-540 of the 1976 Code is amended to read:
"Section 38-77-540. The ceding insurer shall transfer or credit to the Facility on any policy of automobile insurance reinsured by the Facility the pure loss component of its rate or premium charge together with the profit and contingency component of the rate or premium charge as determined under its rating plan or system as filed with the Department. The ceding insurer shall retain as and for its ceding commission the allocated loss adjustment expense component as well as the underwriting and administrative expense components of the rate or premium charge under ceding insurer's rating plan or system as filed with the Department. However, no ceding insurer may include in the agents' commissions component of its underwriting expenses any amount greater than it has actually paid its agent as commission on the reinsured risk. The facility shall accept cessions on a policy of private passenger automobile insurance at the option of an insurer but only at the rate or premium charge as determined under the rating plans established by the governing board and approved by the director or his designee, subject, however, to Section 38-77-950 regarding reasonable utilization of the facility by the company. The rate plans for the facility are subject to the director's or his designee's approval which may be granted only if the plan is consistent with and provides for the following:
(A) The rate or premium charge for drivers of private passenger automobiles shall be the state uniform rate as defined in this chapter.
(B) Beginning on January 1, 1997, the rate or premium charge for private passenger automobile physical damage coverages shall be the facility physical damage rate as defined in this chapter.
(C) The rate plans of the facility shall use the applicable risk and territorial classification plan promulgated by the director or his designee including merit rating plan surcharges and discounts as provided for in Section 38-77-760(e). The facility rate plans shall not include discounts approved for individual insurers under Section 38-73-735.
The facility shall publish a uniform rate and rules manual as required by this section. This manual shall include all applicable classifications, discounts, rating rules and procedures to be utilized in connection with facility business. This manual shall be subject to annual approval by the director or his designee. The director shall resolve all subsequently arising administrative issues by the department bulletin.
)D) The ceding insurer shall transfer or credit to the facility on any policy of automobile insurance reinsured by the facility the pure loss component of the applicable uniform rate together with the profit and contingency component of such rate. The ceding insurer shall retain as and for its ceding commission its allocated loss adjustment expense component as well as its underwriting and administrative expense components of the applicable uniform rate as specified in the plan of operation of the South Carolina Reinsurance Facility. However, no ceding insurer may include in the agents' commissions component of its underwriting expenses any amount greater than it has actually paid its agent as commission on the reinsured risk.
(E) The governing board shall assign a specific location to each producer designated. The governing board shall determine producers whom the director or his designee the locations assigned by him to those producers whom the director or his designee has designated. Except through the acquisition of an exiting designated agency as permitted in paragraph (H) of this section, designated producers may not open or maintain any other locations without the written authorization of the governing board; provided, however, that an applicant maintaining multiple offices on June 4, 1987, is entitled to maintain two locations as a designated agent which he owned and operated at that time and through which premiums in at least the amount of seventy-five thousand dollars were written. The governing board shall terminate the designation, and the director or his designee shall revoke all agent's licenses of any producer who does not comply with this requirement upon demand by the governing board. Upon termination, the producer's expirations on designated business become the property of the facility.
(F) The designation of a producer by the director or his designee of the governing board is transferable to the reinsurance facility for purposes of liquidation, or a spouse, child, parent, brother, sister, employee, or partner of five years, the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one of more qualified employees of the producer or the producer's corporate agency.
(G) A designated producer may have any direct or indirect connection or contract with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State. Provided that the combined annual amount of net written premiums for private passenger automobile liability insurance coverages in all of the producers voluntary market outlets shall not exceed sixty-five percent of the designated producers total annual amount of net written premiums for private passenger automobile liability insurance coverages. In the event the calculated percentage exceeds sixty-five percent in eighteen months after notification during which time an appropriate reduction in voluntary market writings has not been accomplished, the governing board shall terminate the designation of the producer.
Amend sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY moved that the amendment be adopted.
The amendment was adopted.
The question then was the third reading of the Bill.
Having voted on the prevailing side, Senator GIESE moved to reconsider the vote whereby Amendment No. 1 was laid on the table.
A roll call vote was ordered.
Senator SALEEBY moved to table the motion to reconsider.
Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The question then was the motion to reconsider.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Giese Gregory Lander Leventis Martin McConnell Passailaigue Peeler Rose Russell Setzler Smith, J.V. Stilwell Wilson
NAYS
Bryan Courtney Drummond Elliott Ford Glover Hayes Holland Jackson Land Matthews McGill Mescher O'Dell Patterson Rankin Reese Saleeby Short Smith, G. Washington Williams
The Senate refused to reconsider the vote whereby Amendment No. 1 was laid on the table.
Senator LEVENTIS spoke on the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator PASSAILAIGUE desired to be recorded as voting against the third reading of S. 628.
I did not vote on S. 628 because there could be a very remote conflict of interest. I am a principal in a commercial insurance agency. The proposed legislation could technically allow for an expansion of the number of insurance carriers offering to write automobile insurance in the Palmetto State, including some of the carriers my agency represents.
I vote "no" on this Bill because it is not in the interests of the citizens of South Carolina. It requires all the people of South Carolina to buy insurance if they want to drive. But it also allows the companies that sell insurance to subjectively determine how much they will charge for insurance. The current law requires that objective standards be defined by insurers if they want to charge higher rates.
Nothing in this Bill will require the total premiums and recoupment paid in the State to go down. Nothing in this Bill will diminish the claims made by policy holders.
It is postulated that more companies will come to South Carolina. I do not believe they will come to South Carolina for lower rates or less total premiums.
The final form of this Bill was agreed to by representatives of the insurance industry without the presence of the consumer advocate or the insurance commissioner. This is wrong. Our laws should be balanced with input from all parties who are involved or affected. This will be remembered primarily because the industry was able to exclude the public and retain a law requiring and compelling people to buy their products.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RANKIN spoke on the Bill.
At 2:00 P.M., Senator ROSE requested a leave of absence for the balance of the day.
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 Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Jackson Land Lander Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, G. Stilwell Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senator LEATHERMAN recorded his presence subsequent to the Call of the Senate.
Senator RANKIN continued arguing in favor of second reading of the Bill.
Senator MATTHEWS asked unanimous consent to take up for immediate consideration Amendment No. 1A.
There was no objection.
Senator MATTHEWS proposed the following Amendment No. 1A (3666R019.JWM), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 3, by adding after line 20 a new Section to read:
/Section 4-37-25. All expenditures made by an authority pursuant to the powers granted in Section 4-37-20 shall be in compliance with the provisions of Chapter 35 of Title 11 and the ensuing regulations that are applicable to the Department of Transportation and Section 12-27-1320./
Amend title to conform.
The amendment was adopted.
Senators ELLIOTT and LEATHERMAN argued in favor of the second reading of the Bill and Senator PASSAILAIGUE argued contra.
Senator LAND argued in favor of the second reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 2 (3666R005.GFM), which was adopted:
Amend the bill, as and if amended, page 11, after line 42 and before the ("), by adding the following:
/Section 4-37-40. (A) In a county in which an ordinance is received by the county election commission pursuant to Section 4-37-30(A), if the county has previously imposed a local option sales and use tax pursuant to Chapter 10 of Title 4, the county election commission shall conduct a referendum at the same time as the referendum provided in Section 4-37-30(A) on the question of whether the local option sales and use tax imposed under Chapter 10 of Title 4 shall continue to be imposed. The question must read substantially as follows:
'Must a one percent sales and use tax continue to be levied in _______ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the _______ County area?
(B) All qualified electors desiring to vote in favor of continuing the tax shall vote 'yes' and all qualified electors opposed to continuing the tax shall vote 'no'. If a majority of the votes cast are in favor of continuing the tax, then the tax shall continue to be imposed as provided in Chapter 10 of Title 4; otherwise, the tax shall not continue to be imposed. If the vote in the referendum is to terminate the tax, the termination is effective on the first day of the first fiscal year following the referendum. Notwithstanding the termination date of the local option sales and use tax, with respect to services that are regularly billed on a monthly basis, the local option sales and use tax is terminated beginning on the first day of the billing period beginning on or after the termination date.
(C) The provisions of this section are independent of the referendum provided for in Chapter 10 of Title 4.
(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the credit against property taxes in the most recent fiscal year. The notice must show the credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility.
(E) Except as otherwise provided herein, the provisions applicable to conducting and certifying the referendum provided in Section 4-37-30(A) shall also apply to the referendum provided in this section. /
Amend title to conform.
Sen. McCONNELL explained the amendment.
The amendment was adopted.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Elliott Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill O'Dell Patterson Peeler Rankin Russell Saleeby Setzler Short Smith, G. Stilwell Waldrep Washington Wilson
NAYS
Cork Ford McConnell Mescher Passailaigue Reese Ryberg
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3606 -- Rep. Richardson: 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.
On motion of Senator COURTNEY, the Bill was placed in the status of Adjourned Debate.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
Senator RANKIN moved that the Bill be made a Special Order.
Senator CORK objected.
Senator CORK made a Parliamentary Inquiry as to whether or not a motion for Special Order could be made on the same day that a Bill had received second reading.
The PRESIDENT stated that the motion to make the Bill a Special Order was in order.
The question then was the motion to make the Bill a Special Order.
A division vote was requested.
A division vote was taken, resulting in a vote of 26 to 6.
The Bill, H. 3666, was set for Special Order.
S. 733 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.
Senator McCONNELL moved that the Bill be made a Special Order.
The Bill was made a Special Order.
S. 2 -- Senators Passailaigue, McConnell, Ford, Land, Mitchell, Waldrep and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED FOR THE PURPOSE OF PROVIDING POST SECONDARY EDUCATIONAL SCHOLARSHIPS TO ELIGIBLE STUDENTS AND REDUCING OR ELIMINATING THE AD VALOREM TAX MILLAGE LEVIED ON A LEGAL RESIDENCE FOR THE OPERATING BUDGET OF EACH SCHOOL DISTRICT.
Senator PEELER moved to recall the Bill from the Committee on Finance.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courtney Ford Glover Jackson Land Lander Matthews McConnell Mescher O'Dell Passailaigue Patterson Peeler Rankin Washington Wilson
NAYS
Alexander Bryan Drummond Elliott Giese Hayes Leatherman Martin McGill Reese Russell Smith, G. Stilwell Waldrep
The Bill was recalled from the Committee on Finance and ordered placed on the Calendar without reference.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the 5th Congressional District, on motion of Senator LEVENTIS, the following appointment was confirmed in open session:
Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:
5th Congressional District:
Mr. Bobby R. Bagley, P.O. Box 1119, Sumter, S.C. 29151
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 28, 1995, it stand adjourned to meet next Monday, May 1, 1995, at 2:00 P.M., which motion was adopted.
At 3:40 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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