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, hear a divine lament, recorded by the prophet Jeremiah, Chapter 8 (v.7) (NRSV):
"Even the stork in the heavens knows its
times; and the turtledove, swallow, and
crane observe the time of their coming;
But my people do not know the ordinance
of the Lord."
Let us pray.
Lord of the Universe, OUR FATHER, from the dawn of time, and through the processes of all history, You began creating, from the formless void, and are still creating, the orbs and the spheres in the unbounded immensity of space.
In Your wisdom You placed man on this planet as Your highest creation to have dominion over all Your works.
We thank You that it is given to us to live in these times when earthbound man, unfettered but restrained, soars to lunar lands and spaces.
But, Lord, we find that with so much technical knowledge and skill it is still difficult to live together on this planet without tension and misery.
Our problem is the errant human will. Help us to improve it! Lest we destroy ourselves!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 17, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406 VICE Louis Condon
Received as information.
Columbia, S.C., April 18, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the initial appointment:
Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406
Very respectfully,
Speaker of the House
Received as information.
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 810 -- Senators J. Verne Smith and Alexander: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT AND DISCLOSURE IMMUNITY ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 811 -- Senators Alexander, Ford, Reese, Richter, Peeler, Greg Smith, Short, Matthews, Lander, Martin, Rankin, Glover, Russell, Ryberg, Courson, Cork, Jackson, Wilson, Washington, Courtney, Bryan, Gregory, Moore, Giese, Leatherman, Stilwell, Mescher, Leventis, Hayes, J. Verne Smith, Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.
Read the first time and referred to the Committee on Transportation.
S. 812 -- Senators Williams, McConnell and Holland: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION ARE APPOINTED.
Read the first time and referred to the Richland Delegation.
S. 813 -- Senators Williams, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF ANNE WEISIGER LAND OF MANNING, THE MOTHER OF OUR DISTINGUISHED COLLEAGUE AND DEAR FRIEND, THE HONORABLE JOHN LAND, AND EXTENDING SYMPATHY TO MRS. LAND'S FAMILY AND HER MANY FRIENDS.
Whereas, it was with the deepest sorrow that we learned of the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, Senator John Land; and
Whereas, Mrs. Land, widow of the late John Calhoun Land, Jr., died on April 30, 1995, at the age of eighty-six; and
Whereas, she was born in Powhatan, Virginia, and graduated from Madison College of Virginia; and
Whereas, she was a former social worker and director of the Clarendon County Department of Social Services, a member of the Magnolia Garden Club, and a member of Manning United Methodist Church; and
Whereas, she was appointed to the county Department of Social Services board after she retired as director and served as a board member for many years; and
Whereas, she is survived by a son and a daughter, seven grandchildren, and eleven great-grandchildren; and
Whereas, she was a great humanitarian and a lovely person who was admired and loved by all who knew her; and
Whereas, we want John and all of the other members of his mother's family to know that they are uppermost in our thoughts and prayers and have our sincerest sympathy. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of the State of South Carolina, by this resolution, express deepest sorrow at the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, the Honorable John Land, and extend sympathy to Mrs. Land's family and her many friends.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Land's family, in care of Senator Land.
The Senate Resolution was adopted.
H. 4174 -- Reps. Cromer, Keegan, Sheheen, Quinn and Kelley: A CONCURRENT RESOLUTION CONGRATULATING THE CATHOLIC DIOCESE OF CHARLESTON ON THE OCCASION OF ITS 175TH ANNIVERSARY AND DESIGNATING JULY 11, 1995, AS "DIOCESE OF CHARLESTON DAY IN SOUTH CAROLINA".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4175 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANNE WEISIGER LAND OF MANNING, THE MOTHER OF OUR DISTINGUISHED COLLEAGUE AND DEAR FRIEND, SENATOR JOHN LAND, AND EXTENDING SYMPATHY TO ALL OF THE MEMBERS OF MRS. LAND'S FAMILY AND HER MANY FRIENDS.
Whereas, it was with the deepest sorrow that we learned of the death of Anne Weisiger Land of Manning, mother of our distinguished colleague and dear friend, Senator John Land; and
Whereas, Mrs. Land, widow of the late John Calhoun Land, Jr., died Sunday, April 30, 1995, at the age of eighty-six; and
Whereas, she was born in Powhatan, Virginia, and graduated from Madison College of Virginia; and
Whereas, she was a former social worker and director of the Clarendon County Department of Social Services, a member of the Magnolia Garden Club, and a member of Manning United Methodist Church; and
Whereas, she was appointed to the county Department of Social Services board after she retired as director and served as a board member for many years; and
Whereas, she is survived by a son and a daughter, seven grandchildren, and eleven great-grandchildren; and
Whereas, she was a great humanitarian and a lovely person who was admired and loved by all who knew her; and
Whereas, we want Senator Land and all of the other members of his mother's family to know that they are uppermost in our thoughts and prayers and have our sincerest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, Senator John Land, and extend sympathy to all of the members of Mrs. Land's family and her many friends.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Land's family, in care of Senator John Land, her son.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4177 -- Rep. Anderson: A CONCURRENT RESOLUTION SALUTING DOROTHY BROCKMAN OF GREENVILLE COUNTY FOR HER LENGTHY SERVICE AND COUNTLESS CONTRIBUTIONS WHICH HAVE UPLIFTED THE AFRICAN AMERICAN COMMUNITY AND FOR HER DEDICATION AND WILLING SACRIFICES WHICH HAVE SERVED TO GENERATE PRIDE AND SELF-ESTEEM IN OTHERS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.
Ordered for consideration tomorrow.
Senator JACKSON from the Committee on Judiciary submitted a favorable report on:
H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
Ordered for consideration tomorrow.
H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1995 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
AYES
Courson Peeler Matthews Thomas Patterson Stilwell Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4173 favorable:
H. 4173 -- Reps. Cooper, Waldrop and J. Harris: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 10, 1995, IMMEDIATELY FOLLOWING THE ELECTION OF COLLEGE AND UNIVERSITY TRUSTEES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING FIVE SPECIFIED MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
AYES
Courson Peeler Matthews Thomas Patterson Stilwell Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell
Ordered for consideration tomorrow.
S. 805 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION CONGRATULATING DR. ALLEN D. EDWARDS OF ROCK HILL ON HIS SELECTION AS THE "1995 OUTSTANDING OLDER SOUTH CAROLINIAN".
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.
Senators BRYAN and COURTNEY explained the Bill.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 803 -- Senators McConnell, Passailaigue, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.
On motion of Senator LEATHERMAN, H. 3734 was ordered to receive a third reading on Thursday, May 4, 1995.
H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
S. 802 -- Senators Mescher, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
On motion of Senator MESCHER, S. 802 was ordered to receive a third reading on Thursday, May 4, 1995.
S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
On motion of Senator ROSE, S. 804 was ordered to receive a third reading on Thursday, May 4, 1995.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators WILLIAMS and WILSON proposed the following amendment (JUD0507.001), which was adopted:
Amend the bill, as and if amended, by page 1, beginning on line 39, in Section 40-17-55(A), as contained in SECTION 1, by striking lines 39 through 40 and inserting therein /(4) has not been convicted of a felony or a crime involving moral turpitude, even if pardoned for the disqualifying offense;/
Amend the bill further, as and if amended, page 2, line 2, in Section 40-17-55(A), as contained in SECTION 1, by inserting after the word /service;/ the following:
/and/
Amend the bill further, as and if amended, page 2, line 28, in Section 40-17-55(C), as contained in SECTION 1, by striking /turpitude;/ and inserting therein /turpitude, even if pardoned for the disqualifying offense;/
Amend the bill, as and if amended, page 2, line 30, in Section 40-17-55(C), as contained in SECTION 1, by inserting after /capacity;/ the following:
/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.
Senator WILLIAMS asked unanimous consent to make a motion to go into Executive Session prior to a recess.
Senator CORK objected.
Senator DRUMMOND asked unanimous consent to make a motion that, if any amendments to the Bill were to be carried over, that they be carried over to third reading.
Senator CORK objected.
On motion of Senator MOORE, with unanimous consent, Senators SALEEBY, McCONNELL, RUSSELL and MOORE were granted leave to attend a meeting of the Judicial Screening Committee, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony.
There was no objection and the motion was adopted.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 93 proposed by Senator LEATHERMAN and previously printed in the Journal of Tuesday, May 2, 1995.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that the Point of Order raised by Senator BRYAN under Section 11-11-440 relative to Amendment No. 61 was out of order inasmuch as it came too late.
The PRESIDENT overruled the Point of Order.
The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 93 was out of order inasmuch as it was violative of Section 11-11-440.
The PRESIDENT sustained the Point of Order.
Amendment No. 93 was ruled out of order.
The question then was the adoption of Amendment No. 61 (JIC\5894HTC.95) proposed by Senators PASSAILAIGUE and JACKSON and previously printed in the Journal of Tuesday, May 2, 1995.
The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 61 was out of order inasmuch as it was violative of Section 11-11-440.
The PRESIDENT sustained the Point of Order.
Amendment No. 61 was ruled out of order.
Senator LEATHERMAN appealed the Ruling by the PRESIDENT whereby Amendment No. 93 was ruled out of order.
Senator MARTIN raised a Point of Order that the appeal of the Ruling by the PRESIDENT came too late inasmuch as intervening business had transpired.
Senators LEATHERMAN and MARTIN spoke on the Point of Order.
At 10:42 A.M., Senator COURTNEY assumed the Chair.
The ACTING PRESIDENT overruled the Point of Order and stated that the motion was timely.
The question then was the appeal of the Ruling by the PRESIDENT.
Senators LEATHERMAN and PASSAILAIGUE argued contra to the Ruling by the PRESIDENT.
Senators BRYAN, MARTIN, GIESE and LEVENTIS argued in favor of the Ruling by the PRESIDENT.
The question then was, "Shall the decision of the PRESIDENT be upheld?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Hayes Lander Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Rose Russell Ryberg Setzler Smith, G. Smith, J.V. Stilwell Thomas Washington Williams Wilson
NAYS
Holland Land Leatherman Leventis Matthews Passailaigue Saleeby Short
The decision of the PRESIDENT was upheld.
Senator McCONNELL proposed the following Amendment No. 49 (3362R004.GFM), which was adopted:
Amend the bill, as and if amended, Part II, Section 69, page 579, line 5, by inserting:
after the word "preserve":
/and renovate or restore/.
Amend the bill further, as and if amended, Part II, Section 69, page 580, line 10, by inserting:
after the word "both":
/or pay remaining costs of renovation or restoration through public and private funds or both, if funds are provided for renovations or restorations or both/.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senators McCONNELL and COURSON argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 63 (3362R107.HKL), which was adopted:
Amend the bill, as and if amended, Part II, Section 70, page 580, line 36, by inserting after the word
/purposes/ the following: /with the exception of nonprofit organizations serving meals for the elderly that are provided as part of a contract with the state/
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 25 (BBM\10235JM.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 72, page 581, by striking line 30 and inserting:
/and Control Board, a mortgage of these facilities; provided, further, that the issuance and the sale of the bonds, notes, or other obligations provided for in this section are subject to the review of the Joint Bond Review Committee./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 70 (GJK\21903AC.95), which was tabled:
Amend the bill, as and if amended, Part II, by deleting Section 79.
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator LEVENTIS continued arguing in favor of the adoption of the amendment.
At 11:57 A.M., Senator HAYES requested a leave of absence beginning at 12:00 Noon until 5:00 P.M.
Senator LEVENTIS continued arguing in favor of the adoption of the amendment.
At 12:07 P.M., Senator MARTIN assumed the Chair.
Senator LEVENTIS continued arguing in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator GIESE argued contra to the adoption of the amendment.
At 12:35 P.M., the PRESIDENT assumed the Chair.
Senator GIESE continued arguing contra to the adoption of the amendment.
Senator CORK argued in favor of the adoption of the amendment.
Senator GIESE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Ford Giese Glover Land Lander Martin Matthews McGill Mescher Moore O'Dell Patterson Rankin Reese Ryberg Saleeby Setzler Smith, J.V. Waldrep Washington Williams
NAYS
Cork Courson Courtney Elliott Gregory Leventis McConnell Passailaigue Peeler Richter Rose Russell Short Smith, G. Stilwell Wilson
The amendment was laid on the table.
Senator HAYES asked unanimous consent to be recorded as voting in favor of the adoption of the amendment.
On motion of Senator DRUMMOND, debate was interrupted by recess.
At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator LEVENTIS proposed the following Amendment No. 71 (PT\1958SD.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 79, page 586, by adding a new paragraph at the end of Section 48-47-30(10) of the 1976 Code, beginning on line 25, to read:
/As another condition of further operation of the Barnwell low-level radioactive disposal facility beyond December 31, 1995, for the Southeast Regional Compact, as formed by Public Law 99-240 and this title, North Carolina and the Southeast Compact members must:
(1) agree to hold harmless the State of South Carolina and to provide indemnification to the State of South Carolina for any risks or liability attributable to receipt or disposal of low-level radioactive waste at the Barnwell site after December 31, 1995;
(2) agree to provide indemnification for any costs or liability incurred by the State of South Carolina as a result of assuming title to waste disposed of in this State beginning in 1996 pursuant to 42 U.S.C., Section 2021e(d)(2)(c) (Supp. III 1985);
(3) agree to any assessment of the aforementioned risks and liabilities as may be determined by a court of competent jurisdiction or an arbiter;
(4) contractually agree to subject themselves to a court of competent jurisdiction; and
(5) provide South Carolina with a credit, as defined below, for the volume of waste accepted during the period between January 1, 1996, and the time North Carolina's low-level radioactive waste disposal facility becomes operational. Once North Carolina's facility is operational, South Carolina's generators of low-level radioactive waste shall be granted a credit for waste accepted during the above-cited interim period by being allowed additional disposal capacity in the amount of waste accepted during the above-cited interim./
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Ford Giese Glover Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Reese Ryberg Smith, J.V. Thomas
NAYS
Cork Courtney Leventis Passailaigue Peeler Richter Rose Short Smith, G. Stilwell Waldrep Wilson
The amendment was laid on the table.
Senator RICHTER proposed the following Amendment No. 77 (PT\1959AC.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 79, page 586, by deleting lines 39 and 40, and inserting:
/Section 48-47-175. A. There is imposed a tax of six dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State of;
(1) four hundred dollars during the period of July 1, 1995, through December 31, 1995;
(2) eight hundred dollars during the period of January 1, 1996, through December 31, 1996; and
(3) twelve hundred dollars during the period of January 1, 1997, through December 31, 1997.
For each subsequent year that radioactive waste originating outside of the State of South Carolina is disposed of in this State, the tax imposed on each cubic foot of low-level radioactive waste is increased by one thousand dollars each year./
Amend further, Part II, Section 79, subsection B., Page 587, by deleting /Ninety-five percent/ and inserting /Eighty-five percent/.
Amend further Part II, Section 79, subsection B., page 587, by adding after line 15:
/(F) Ten percent of the revenues collected pursuant to this section must be credited to the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund, a fund which must be established by the State Treasurer as separate and distinct from the general fund. The State Treasurer must remit funds from the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund to the Department of Health and Environmental Control which must use these funds to provide economic assistance to radioactive waste generators located in South Carolina, according to guidelines established by the Department of Health and Environmental Control./
Amend sections, totals and title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
Senator MOORE raised a Point of Order that the Senator's remarks and presentation materials were not germane to the amendment.
The PRESIDENT overruled the Point of Order.
Senator RICHTER continued arguing in favor of the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Ford Giese Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Patterson Rankin Ryberg Saleeby Smith, J.V. Thomas Waldrep Williams
NAYS
Cork Courtney Elliott Leventis Peeler Reese Richter Rose Russell Setzler Smith, G. Stilwell Wilson
The amendment was laid on the table.
Senators LEVENTIS and CORK proposed the following Amendment No. 82 (DKA\3984AC.95), which was tabled:
Amend the bill, as and if amended, SECTION 79, Part II, beginning on page 586, by adding an appropriately lettered subsection to read:
/__. Notwithstanding another provision of law, no waste generated outside the Southeast Compact Region as it existed on May 1, 1995, may be disposed of at the facility identified in Section 48-47-30(10)(2) after January 1, 1996./
Reletter subsections and amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Ford Giese Land Lander Martin Matthews McGill Mescher Moore O'Dell Patterson Rankin Reese Ryberg Saleeby Smith, J.V. Thomas Waldrep Williams
NAYS
Alexander Cork Courson Courtney Elliott Leventis Passailaigue Peeler Richter Rose Russell Smith, G. Stilwell Wilson
The amendment was laid on the table.
Senator CORK proposed the following Amendment No. 74 (JIC\5905AC.95), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 79, page 588, by inserting after the /./ on line 26 /However, effective January 1, 1996, the Barnwell facility shall accept only radioactive waste classified as Class A radioactive waste by the United States Department of Energy, and effective January 1, 1996, no Class B or Class C radioactive waste may be disposed of at the Barnwell facility./
Amend sections, totals and title to conform.
Senators CORK and LEVENTIS argued in favor of the adoption of the amendment.
Senator CORK moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Giese Land Lander Leatherman Martin Matthews Mescher Moore O'Dell Patterson Rankin Reese Ryberg Saleeby Setzler Smith, J.V. Thomas Williams
NAYS
Cork Courson Courtney Elliott Gregory Leventis McConnell Passailaigue Peeler Richter Rose Russell Smith, G. Stilwell Waldrep Wilson
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 73 (PT\1957AC.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 79, subsection C., page 589, by inserting after line 5:
/G. No generators from any state may dispose of radioactive waste at the Barnwell facility unless the State has been certified by the Southeast Compact Commission to be making reasonable and timely progress toward the development of its own disposal facility or is certified by the Southeast Compact Commission to belong to a regional compact which is making reasonable and timely progress toward the development of its own disposal facility./
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Giese Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Rankin Reese Ryberg Saleeby Smith, J.V. Thomas Waldrep Williams
NAYS
Cork Courson Courtney Elliott Gregory Leventis McConnell Passailaigue Peeler Richter Rose Russell Short Smith, G. Stilwell Wilson
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 75 (JIC\5899AC.95), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 79, by adding an appropriately lettered subsection to read:
/___. 1. In that the Barnwell facility is located on state-owned property and because the State has responsibility for long-term custody and maintenance of the Barnwell site following closure, it is appropriate that all information possessed by any state governmental entity which pertains to closure and postclosure plans is subject to public access under the Freedom of Information Act.
2. The 1976 Code is amended by adding:
"Section 48-48-100. All information which pertains to closure and postclosure plans for the facility at Barnwell that is in the possession of a state governmental entity is subject to disclosure under the Freedom of Information Act."/
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Land Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Ryberg Saleeby Smith, J.V. Thomas Washington Williams
NAYS
Cork Courson Courtney Elliott Giese Gregory Leventis McConnell Passailaigue Peeler Rankin Reese Richter Rose Russell Short Smith, G. Stilwell Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator WILLIAMS spoke on the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 76 (PFM\7443AC.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 79, by adding an appropriately lettered subsection to read:
/___. 1. In that the disposal of radioactive waste in South Carolina is a government-sanctioned monopoly, rates charged by a private company operating a low-level radioactive waste disposal facility should be subject to approval by the Public Service Commission.
2. The 1976 Code is amended by adding:
"Section 48-48-95. Effective January 1, 1996, rates charged by a private company operating a low-level radioactive waste disposal facility are subject to approval by the Public Service Commission. The Public Service Commission shall provide for public input before approving rates for disposal of low-level radioactive waste."/
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
At 3:55 P.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed fifteen minutes, with Senator LEVENTIS retaining the floor.
At 4:10 P.M., the Senate resumed.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator MOORE argued contra to the adoption of the amendment.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator MOORE continued arguing contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courson Courtney Drummond Elliott Giese Gregory Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Rankin Reese Russell Ryberg Saleeby Setzler Smith, J.V. Stilwell Thomas Waldrep Washington Williams
NAYS
Cork Leventis Passailaigue Peeler Richter Short Smith, G. Wilson
The amendment was laid on the table.
Senators LEVENTIS and CORK proposed the following Amendment No. 81 (BBM\10246AC.95), which was tabled:
Amend the bill, as and if amended, Part II, by striking SECTION 79 and inserting:
TO PROHIBIT THE DISPOSAL OF LOW LEVEL RADIOACTIVE WASTE GENERATED OUTSIDE OF SOUTH CAROLINA AT THE BARNWELL FACILITY AFTER JANUARY 1, 1996.
Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after January 1, 1996. Nothing in this section prevents the State of South Carolina from operating the facility only for low-level radioactive wastes generated in South Carolina./
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator STILWELL spoke on the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Giese Gregory Holland Land Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Rankin Reese Ryberg Saleeby Smith, J.V. Stilwell Thomas Waldrep Washington Williams
NAYS
Cork Courson Jackson Leventis McConnell Passailaigue Peeler Richter Rose Russell Setzler Short Smith, G. Wilson
The amendment was laid on the table.
Senators DRUMMOND and SETZLER proposed the following Amendment No. 88 (001.REM), which was adopted:
Amend the bill, as and if amended, Part II, Section 83, page 592, line 14, by striking: /of the Budget and Control Board./
and inserting: /available from the Educational Assistance Endowment Fund./
Amend the bill further, as and if amended, Part II, Section 83, Page 593, Line 37 by striking /The State Budget and Control Board/
and inserting: /The Authority/.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 24 (BBM\10236JM.95), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 83, page 592, by adding at the end of Section 59-144-60, at line 15:
/Notwithstanding the provisions of this section or any other provision of this chapter, no project to be funded from the Educational Assistance Endowment Fund, applying the criteria established in this chapter, shall be undertaken or implemented until the General Assembly has approved the project; for this purpose, the Facilities Project Committee shall recommend such projects to the General Assembly at the same time that the committee makes its recommendations to the State Board of Education, and the State Board of Education shall seek and obtain the approval of the General Assembly, by joint resolution of the General Assembly, for any such project before undertaking or implementing such project./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Courtney Drummond Elliott Giese Holland Jackson Land Lander Leatherman Leventis Martin Matthews McGill Moore O'Dell Patterson Rankin Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Williams Wilson
NAYS
Alexander Cork Courson Ford Glover Gregory McConnell Mescher Passailaigue Peeler Reese Richter Rose Russell Stilwell Washington
The amendment was laid on the table.
Senators GREG SMITH and RANKIN proposed the following Amendment No. 45 (3362R106.GS), which was adopted:
Amend the bill, as and if amended, Part II, Section 85, page 600, line 41, by striking on line 41:
/Four Five Judges/ and inserting: /Four Judges/.
Amend the bill further, as and if amended, Part II, Section 85, page 601, line 10, by striking on line 10:
/Two Judges/ and inserting: /Three Judges/.
Amend sections, totals and title to conform.
Senator GREG SMITH argued in favor of the adoption of the amendment.
Senator GREG SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (JIC\5895HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTIONS 12-51-40, AS AMENDED, AND 12-51-120, OF THE 1976 CODE, RELATING TO EXECUTIONS FOR DELINQUENT PROPERTY TAXES AND THE NOTICE REQUIRED TO THE PROPERTY OWNER OF RECORD IMMEDIATELY PRECEDING THE END OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR THE METHOD OF MAILING THE NOTICES REQUIRED UNDER THESE SECTIONS.
A. Section 12-51-40(b) of the 1976 Code is amended to read:
"(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the defaulting taxpayer's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs may be taken. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer at the address shown on the tax receipt or to a more correct address known to the officer, by 'certified mail, return receipt requested-deliver to addressee only restricted delivery'. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to a more correct address known to the officer. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid on or before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'."
B. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-deliver to addressee only restricted delivery' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."/
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 7 (JIC\5891HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 1-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE FOR INSURANCE COVERAGE THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO EXTEND THE ELIGIBILITY FOR COVERAGE ALLOWED GOVERNMENTAL AND ELEEMOSYNARY HOSPITALS TO SUBSIDIARIES OR OTHER ENTITIES AFFILIATED WITH THESE HOSPITALS.
Section 1-11-140(D) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(D) The State Budget and Control Board, through the Office of Insurance Services, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance."/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 22 (BR1\18458AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 40-43-230, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSURE OF PHARMACISTS, SO AS TO SET THE FEE FOR LICENSURE RENEWAL AT SEVENTY DOLLARS.
A. Section 40-43-230 (B) and (C) of the 1976 Code, as last amended by Act 499 of 1990, is further amended to read:
"(B) The board may, upon application and payment of the applicable renewal fee of seventy dollars, may issue an inactive status license to a licensed pharmacist who is not actively engaged in the practice of pharmacy in this State, pursuant to this chapter. The pharmacist's license renewal certificate must be prominently marked as an inactive license, and the holder may not practice pharmacy under any conditions in this State. If the pharmacist wishes to reactivate the license, he shall complete the required continuing education for license renewal, plus an additional fifteen hours which must have been obtained during the calendar year immediately preceding the reactivation.
(C) Failure to renew a license by the required date, but before February first, results in the assessment of a fifty dollar penalty in addition to the seventy dollar renewal fee. After February first, a license which has not been renewed is considered a lapsed license. Any A person who practices pharmacy with a license that has lapsed is considered as practicing without a license. Reinstatement of a lapsed license may be granted upon (1) evidence satisfactory to the board of good and sufficient grounds for the failure to renew the license within the prescribed period and (2) payment of the seventy dollar renewal fee and a penalty of fifty dollars."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP proposed the following Amendment No. 50 (JIC\5845HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-10-40 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF ENTERPRISE ZONES FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO MAKE ELIGIBLE FOR THE DESIGNATION A RESEARCH PARK OPERATED BY THE SOUTH CAROLINA RESEARCH AUTHORITY.
Section 12-10-40 of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"Section 12-10-40. Annually, by December thirty-first, using the most current data available, the State Budget and Control Board shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must be located in this State and meet one of the following criteria:
(1) consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;
(2) consist of a county classified as less developed pursuant to Section 12-7-1220;
(3) be located in a federal military base or installation which was closed, or designated to be closed, or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December 31, 1990;
(4) consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs;
(5) consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria;
(6) consist of a census tract, any part of which is within twenty miles of a federal facility that has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for ten years after the effective date of this chapter; or
(7) consist of a census tract in which a penal institution operated by the South Carolina Department of Corrections has closed.; or
(8) consist of a research park established pursuant to Section 13-17-30 while the park is operated or controlled by the South Carolina Research Authority."/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 54 (BBM\10241AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO CAP THE AMOUNT OF THE FUND AT THREE HUNDRED THOUSAND DOLLARS WITH ALL SUBSEQUENT FEES TO BE RETURNED TO HAMPTON COUNTY.
A. Section 44-93-170 of the 1976 Code, as last amended by Part II, Section 30, Act 497 of 1994, is further amended to read:
"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected Hampton County. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of three hundred thousand dollars, all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a the separate and distinct account within the fund for counties as provided in this section Hampton County. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
B. This section takes effect July 1, 1995. /
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 94 (PT\1952SD.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 6-25-35 AND 6-25-100 OF THE 1976 CODE, RELATING TO THE EXTENSION OF CERTAIN PROVISIONS PERTAINING TO WATER, AND THE POWERS OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO FURTHER PROVIDE FOR THE POWERS OF A JOINT MUNICIPAL WATER SYSTEM WITH RESPECT TO PROJECTS AND UNDERTAKINGS OTHER THAN WATER PERMITTED BY LAW, AND TO CLARIFY THE CONDITIONS UNDER WHICH A JOINT MUNICIPAL WATER SYSTEM MAY INCUR DEBT.
A. Section 6-25-35 of the 1976 Code is amended to read:
"Section 6-25-35. Any reference to project purposes in this chapter pertaining specifically to water shall include the purposes as provided in item (c) of Sections 6-25-20 and 6-25-25 and any power or authority provided for in this chapter to a joint system or any of its members may be exercised with respect to any of the purposes or projects."
B. Section 6-25-100(n) of the 1976 Code is amended to read:
"(n) To borrow money and issue bonds or notes of the joint system to be paid solely from revenues of the system. No bonds or notes shall be issued except with the approval of the governing body of each member, by resolution or ordinance of the governing body of each member; provided, however, that the requirements of this item will be satisfied and no further action is required with respect to any bonds or notes issued to a finance project which has been approved by the governing bodies of each member as provided in Section 6-25-110; and provided further that the approval of any notes or bonds under this chapter shall include any issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved."/
Renumber sections to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators WILSON and LANDER proposed the following Amendment No. 100A (BBM\10271JM.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 58-1-65 SO AS TO PROVIDE THAT THERE IS NO LIABILITY ON THE PART OF AND NO CAUSE OF ACTION AGAINST, OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS FOR ACTS, EVENTS, OCCURRENCES, OR FUTURE CONSEQUENCES OF ANY TREATMENT BY THE DEPARTMENT OF NATURAL RESOURCES, ITS AGENTS OR INDEPENDENT CONTRACTORS, IN PROVIDING FOR THE MANAGEMENT OF AQUATIC WEEDS, AND TO PROVIDE THAT THE IMMUNITY FOR OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS ALSO EXTENDS TO ANY LIABILITY ARISING AS A RESULT OF ACTIONS BY INDIVIDUALS WHO WITHOUT PERMISSION FROM THE OWNER AND OPERATOR TREAT, SPRAY, OR IN ANY FASHION ATTEMPT TO MANAGE AQUATIC WEEDS IN THE IMPOUNDMENT.
The 1976 Code is amended by adding:
Section 58-1-65. (A) The General Assembly finds:
(1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds.
(2) In an effort to manage aquatic weeds in the impoundments, the Department of Natural Resources in conjunction with the owners and operators of the water impoundments for federally regulated hydroelectric projects have developed programs to combat the growth of aquatic weeds. These programs are funded in part by revenue appropriated to the Department of Natural Resources in Part 1, Section 47 of the 1995-96 general appropriations act, by revenue of certain federal programs, and by contributions by the owners and operators of the federally regulated hydroelectric projects. However, the programs are exclusively managed and controlled by the Department of Natural Resources.
(3) In order to continue the program, the owners and operators must have protection from actions by the Department of Natural Resources for any liability which they may incur due to the actions of the department or its agents. Therefore, the State in this section is enacting a hold harmless statute for the owners and operators of the water impoundments for federally regulated hydroelectric projects.
(B) There is no liability on the part of, and no cause of action against, owners and operators of water impoundments for federally regulated hydroelectric projects for any and all acts, events, occurrences, or future consequences of any treatment by the Department of Natural Resources, its agents or independent contractors, in providing for the management of aquatic weeds. The immunity for owners and operators of water impoundments for federally regulated hydroelectric projects also extends to any liability arising as a result of actions by individuals who without permission from the owner and operator treat, spray, or in any fashion attempt to manage aquatic weeds in the impoundment.
(C) The department shall use the funds appropriated to it in fiscal year 1995-96 as referenced above to implement and give effect to the provisions of this section in the manner it considers appropriate./
Amend sections, totals and title to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator COURTNEY moved to reconsider the vote whereby Amendment No. 75 (JIC\5899AC.95), proposed by Senator LEVENTIS, was adopted.
Senator CORK moved to table the motion to reconsider.
Senator COURTNEY spoke on the motion.
Senator BRYAN raised a Point of Order that the motion to reconsider was not subject to a tabling motion.
The PRESIDENT overruled the Point of Order.
The question then was the motion to table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courson Elliott Gregory Leventis McConnell Passailaigue Peeler Richter Rose Short Smith, G. Stilwell Wilson
NAYS
Alexander Bryan Courtney Drummond Ford Giese Glover Holland Land Lander Leatherman Martin McGill Mescher Moore O'Dell Patterson Rankin Reese Russell Ryberg Saleeby Setzler Smith, J.V. Thomas Waldrep Washington Williams
The motion to table the motion to reconsider was laid on the table.
The question then was the motion to reconsider the vote whereby Amendment No. 75 was adopted.
Senator LEVENTIS spoke on the motion.
At 5:55 P.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate receded from business not to exceed ten minutes, with Senator LEVENTIS retaining the floor.
At 6:03 P.M., the Senate resumed.
Senator LEVENTIS spoke on the motion.
On motion of Senator LEVENTIS, with unanimous consent, the motion to reconsider was adopted.
The question then was the adoption of Amendment No. 75.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
Amendment No. 75 was adopted.
Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection and the motion was adopted.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Senator MOORE asked unanimous consent to take up the Joint Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was given a second reading with notice of general amendments, carrying over all amendments to third reading.
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.
Senator MOORE asked unanimous consent 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 second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Senator MOORE asked unanimous consent to take up the Joint Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was given a second reading with notice of general amendments, carrying over all amendments to third reading.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator DRUMMOND moved that the Senate go into Executive Session prior to adjournment.
Senator DRUMMOND withdrew the motion.
Having received a favorable report from the Charleston County Delegation, on motion of Senator Passailaigue, the following appointment was confirmed in open session:
Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406 VICE Louis Condon
Senator DRUMMOND moved that, when the Senate adjourns it stand adjourned to meet Thursday, May 4, 1995, at 10:00 A.M., which motion was adopted.
At 6:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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