Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Commemorating 50 years since V-E Day (Victory of the War in Europe)
Beloved, hear the words recorded in the Gospel of St. Matthew, Chapter 5 (vv. 43-45a):
"You have heard that it was said,
'You shall love your neighbor and hate
your enemy.'
But I say to you, love your enemies
and pray for those who persecute
you, so that you may be children of
your Father in heaven;"
Let us pray.
Father, we remember with gratitude V-E Day! We see the television celebrations in Washington, London, Paris and Moscow, where Russian and allied soldiers are dancing for joy.
We see also the television reports of continuing slaughter of human beings in Sarajevo, Bosnia, Chechnya and "God-knows-where." Then we are sobered and pray that mankind hear anew deep in their heart of hearts the ultra-wisdom of the words of the voice from Galilee, "Love your enemies."
Lord, let it be sooner... than later!
Amen!
A review of those amendments affecting revenue evidenced the fact that adopted Amendment Number 64 to H. 3362 reduced court fines being deposited into the general fund through a new Part II provision. The court fine revenue line in Part IA, however, was not adjusted. The adjustment is a reduction of $288,000 to that line and should be reflected as outlined below.
Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES, page 379, Senate Finance Committee column, line Circuit and Family Court Fines, should reflect the figure "7,097,000."
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 24, 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, Scenic Highways Committee, with term to commence July 14, 1994, and to expire July 14, 1996:
Parks and Recreation:
Mr. Paul B. Ellis, III, City of Greenville, P.O. Box 2207, Greenville, S.C. 29602
Referred to the Committee on Transportation.
May 9, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1994, and to expire November 27, 1998:
Master:
Ms. Karen P. Rembert, P.O. Box 20068, Charleston, S.C. 29413-0068 VICE Martin Hope
Referred to the General Committee.
Columbia, S.C., May 4, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 65, H. 3853 by a vote of 3 to 0:
(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
Very respectfully,
Speaker of the House
(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
The veto of the Governor was taken up for immediate consideration.
Senator COURTNEY moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
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
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator RANKIN introduced Dr. Richard Schmitt of Myrtle Beach, S.C., Doctor of the Day.
On motion of Senator ALEXANDER, at 12:00 Noon, Senator MARTIN was granted a leave of absence until 3:00 P.M.
On motion of Senator COURTNEY, at 12:00 Noon, Senator RUSSELL was granted a leave of absence until 3:30 P.M.
On motion of Senator GREGORY, at 2:30 P.M., Senator RYBERG was granted a leave of absence for the balance of the day.
H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Pickens Delegation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators MARTIN and ALEXANDER proposed the following amendment (4166R001.LAM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/SECTION 1. Section 1 of Act 260 of 1981 is amended to read:
"Section 1. Notwithstanding any other provision of law, the Public Educational System of Pickens County shall be directed and managed by the Board of Trustees of the School District of Pickens County. The board shall be comprised of nine members, six of whom shall be qualified electors from each of the districts for which members of the county governing body of Pickens County are elected and three shall be elected from the county at large. The terms of those at-large members shall expire December 31, 1986, and thereafter their successors shall be elected from the county at large for terms of four years each, and until their successors are elected or appointed and qualify, provided that beginning with the 1998 election, the three at-large seats shall be numbered consecutively as Seats 7, 8, and 9 respectively, and candidates for these offices shall file for and be elected from the county at large from specific at-large seats. In addition, in order to stagger the terms of the at-large members, of the three at-large members elected in 1998, Seats 7 and 8 shall serve terms of four years each and Seat 9 shall serve a term of two years. Thereafter, all at-large members shall be elected for terms of four years each. Only those electors residing in the particular district shall be eligible to vote for each of the six single-member trustees representing the district. The trustees from the single-member districts shall be elected for terms of four years and until their successors are elected or appointed and qualify; provided, however, in order to initially stagger the terms of the trustees, all even-numbered single member seats shall be elected for terms of four years to begin January 1, 1983, and to expire December 31, 1986, and all odd-numbered single member district seats shall be elected for terms of two years to begin January 1, 1983, and to expire December 31, 1984. Thereafter, all single member district seats shall be elected for terms of four years to begin January 1, 1983.
All members of the board of trustees shall be elected in a nonpartisan election at the time of the general election in the year in which their terms expire.
Upon the termination of the term of each single-member district trustee, his successor shall be a qualified elector of the same district and shall be elected in a nonpartisan election to be held at the same time as the general election preceding such the expiration date by the qualified electors of the district for a term of four years and until his successor is elected and qualifies. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment by a majority of the members of the board of trustees. The board of trustees shall elect such the officers as it deems considers necessary."/
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. 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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Having voted on the prevailing side, Senator LEVENTIS asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the Resolution.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
Senator LEVENTIS proposed the following amendment (S-AGRI\4172.PPL), which was adopted:
Amend the resolution, as and if amended, on page 1, line 34 by adding the following:
/Be it further resolved that immediately following the election of all trustees, the General Assembly shall elect a successor to Mr. Sherman F. Smith of the Old Exchange Building Commission./
Amend title to conform.
Senator LEVENTIS explained the amendment.
There being no further amendments, the Resolution was adopted and returned to the House of Representatives with amendments.
The following were introduced:
S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.
Read the first time and referred to the Committee on Judiciary.
S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.
Read the first time and referred to the Committee on Judiciary.
S. 824 -- Senator Leatherman: A CONCURRENT RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 825 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT NEWSPAPER EDITORS, JAMES A. BROWN OF ANDERSON, WHO PASSED AWAY THURSDAY, APRIL 27, 1995.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 826 -- Senator Leatherman: A SENATE RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.
The Senate Resolution was adopted.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Read the first time and referred to the Committee on Finance.
Senator WILLIAMS from the Committee on Judiciary polled out S. 819 favorable:
S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.
AYES
Williams Holland Saleeby McConnell Bryan Wilson Stilwell Moore Rose Courtney Cork Ford Glover Gregory Jackson Lander Martin
NAYS
TOTAL--0
NOT VOTING
Russell
Ordered for consideration tomorrow.
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. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Senator HOLLAND 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 proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3096.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)),; engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. This act takes effect upon approval by the Governor./.
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 and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
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".
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LAND explained the Bill.
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
S. 820 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3363, THE CAPITAL RESERVE FUND.
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 Joint Resolution. The question being the third reading of the Joint Resolution.
Senator ELLIOTT proposed the following Amendment No. 4 (JIC\5937HTC.95), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, page 2, item (17), line 22, by striking /1,000,000/ and inserting /780,000/.
Amend further, SECTION 2, page 2, by inserting an appropriately numbered item immediately after line 32 to read:
/( ) Division of Veterans Affairs
Veterans Cemetery 220,000/
Amend further, SECTION 2, page 3, by adding an appropriately numbered item at the end to read:
/( ) The appropriation under the Division of Veterans Affairs for the Veterans Cemetery may not be paid unless federal funds are obtained for the project./
Renumber items to conform.
Amend totals and title to conform.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
At 12:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 12:30 P.M., the Senate resumed.
Senators PASSAILAIGUE, FORD, McCONNELL, RICHTER, ROSE, GREG SMITH, WASHINGTON and MESCHER proposed the following Amendment No. 3 (BBM\10265JM.95), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, item (13), Department of Parks, Recreation and Tourism/Palmetto Trail, page 2, line 12, by striking /800,000/ and inserting /600,000/.
Amend further, page 2, by inserting a new, appropriately-numbered item (following item 22 and line 32), to read:
/( ) Charleston Redevelopment Authority 200,000/.
Renumber sections to conform.
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
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 third reading of the Bill.
Senator DRUMMOND spoke on the Bill.
Senator MARTIN proposed the following Amendment No. 1 (JIC\5910HTC.95), which was adopted:
Amend the bill, as and if amended, Section 3, page 4, by adding an appropriately numbered item at the end to read:
/( ) Payment of the appropriation to the Department of Education for the Darlington Desegregation Lawsuit is contingent on the outcome of the lawsuit./
Renumber items to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 2 (BBM\10280JM.95), which was tabled:
Amend the bill, as and if amended, Section 1, page 2, line 26, by striking /1,093,246/ and inserting /818,246/.
Amend the section further, page 3, after line 40, by adding a new item appropriately-numbered to read:
/( ) Governor's Office-SLED
DataMaster 275,000 /.
Renumber sections to conform.
Amend totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WILLIAMS and LAND proposed the following Amendment No. 4 (3647R300.MBW), which was adopted:
Amend the amendment, as and if amended, Section 1, page 2, lines 3 and 4 by:
Striking Item: (7) Commission on Higher Education
African-American Loan Program $330,000
Inserting Item: (7) University of South Carolina
Law School Library $330,000
Amend sections, totals and title to conform.
Senator WILLIAMS explained the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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 Joint Resolution. The question being the third reading of the Joint Resolution.
By previous action of the Senate on Friday, May 5, 1995, Amendment No. 21 (3690R104.GFM) proposed by Senators McCONNELL, McGILL, PASSAILAIGUE, SHORT, O'DELL and ROSE was adopted as follows:
Amend the amendment, as and if amended, Section 2, page 3, after line 15, by adding an appropriately numbered item to read:
/( ) Women's Leadership Program 2,000,000/
Amend sections, totals and title to conform.
The amendment was adopted.
Senators DRUMMOND, J. VERNE SMITH and LAND proposed the following Amendment No. 1 (JIC\5935HTC.95), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 3, by inserting immediately before line 6:
/(1) Advisory Coordinating Council for
Economic Development 1,000,000/
and by renumbering the remaining items in SECTION 2 to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators DRUMMOND and LAND proposed the following Amendment No. 2 (103.BBH), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
(6) Budget & Control Board
Advisory Commission on
Intergovernmental Relations $250,000
From the funds appropriated, the Director of the Advisory Commission on Intergovernmental Relations, Budget and Control Board, will conduct a study of the infrastructure capacity, needs, and developmental potential within the regions of the State. An advisory steering committee will be comprised of the Executive Director of the Budget and Control Board, the Secretary of Commerce, the Executive Director of the Department of Transportation, the Director of the Department of Parks, Recreation & Tourism, or their designees, three appointees of the Governor, three appointees of the Chairman of the Senate Finance Committee, three appointees of the Chairman of the House Ways & Means Committee and three representatives selected by the executive directors of the Regional Councils of Government. This committee will assist in the design of the study and will participate in the analysis of its findings. The Governor will designate one of his appointees to serve as chairperson. A final report will be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee by June 30, 1996.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 3 (010.RDY), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) University of South Carolina
Center for Electrochemical Engineering 500,000
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER asked unanimous consent to make a motion that, when the Senate had completed consideration of all amendments to H. 3690, that H. 3690 be recommitted to the Senate Finance Committee, retaining its place on the Calendar, for the purpose of the committee making a report as to a rank priority of those items which had been added to H. 3690 by the various adopted amendments.
Senator STILWELL made a Parliamentary Inquiry as to the order in which adopted amendments would be engrafted into the Joint Resolution.
The PRESIDENT stated that the adopted amendments would be engrafted, seriatim, in order of adoption.
Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as the Senate was not in the Motion Period.
Senator PEELER stated that the motion was made with unanimous consent.
Senator J. VERNE SMITH objected to the unanimous consent request.
At 1:05 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no additional amendments would be received at the Desk after 1:30 P.M.
Senator HOLLAND objected.
At 1:07 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no additional amendments would be received by the Desk effective immediately.
Senator RANKIN objected.
Senator PEELER asked unanimous consent to make a motion that, when the Senate had completed consideration of all amendments to H. 3690, that H. 3690 be recommitted to the Senate Finance Committee, retaining its place on the Calendar, for the purpose of the committee making a report as to a rank priority of those items which had been added to H. 3690 by the various adopted amendments, and further, that the report would be up for consideration, to be rejected or accepted by the body.
Senator J. VERNE SMITH objected.
At 1:10 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no further amendments would be accepted by the Desk effective immediately.
There was no objection and the motion was adopted.
Senator MATTHEWS asked unanimous consent to make a motion that after all amendments to H. 3690 had been considered, that the Senate Finance Committee set a rank order of priority of the items added to the Joint Resolution and then make a report to the body.
Senator J. VERNE SMITH objected.
Senator PEELER asked unanimous consent to make a motion that, when all amendments have been considered, the amendments adopted be engrafted into the Joint Resolution in inverse order of adoption.
Senator SHORT objected.
On motion of Senator DRUMMOND, debate was interrupted by recess.
At 1:12 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The Senate resumed consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator WASHINGTON proposed the following Amendment No. 4 (S-EDUC\004.SD), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
(6) University of South Carolina
Small Business Development Center
- Base Closure Grant Match 150,000
Amend sections, totals and title to conform.
Senator WASHINGTON explained the amendment.
Senator PEELER spoke on the amendment.
Senator WASHINGTON moved that the amendment be adopted.
The amendment was adopted.
Senator WILLIAMS, asked unanimous consent to make a motion to grant leave to the members of the Judiciary Committee to attend a brief committee meeting, 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.
Senator PASSAILAIGUE proposed the following Amendment No. 6 (JIC\5915HTC.95), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 3, by adding an appropriately numbered item immediately after line 15 to read:
/( ) Advisory Coordinating Council for
Economic Development 5,000,000/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on Economic Development must be reduced by an amount equal to the value of the capital assets of the improvements made by the Patriot's Point Development Authority from the proceeds of the loan. The value of the capital assets must be determined by the State Budget and Control Board./
Renumber to conform.
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and RICHTER proposed the following Amendment No. 7 (100.DGJ), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Department of Health & Environmental Control
Sullivan's Island Breach Inlet Renourishment 30,000
Funds appropriated for the Sullivan's Island Breach Inlet Renourishment Project cannot be expended until the Mayor of Sullivan's Island certifies to the Department of Health and Environmental Control that matching funds are available for expenditure.
Amend sections, totals and title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 9 (101.DGJ), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Attorney General's Office
Insurance Fraud Unit 50,000
Amend sections, totals and title to conform.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 10 (102.DGJ), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) State Law Enforcement Division
Insurance Fraud Unit 50,000
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY moved that the amendment be adopted.
The amendment was adopted.
Senators SALEEBY and WASHINGTON proposed the following Amendment No. 11 (015.RDY), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Medical University of South Carolina
Dialysis Research 165,000
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 12 (BBM\10266JM.95), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/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 Juvenile Justice
Court Order 10,000,000
(3) Department of Mental Health
Pee Dee Mental Health Center 5,500,000
(4) Clemson PSA
Animal Diagnostic Lab 5,097,060
(5) Department of Mental Health
Reimburse Patient Fee Account 3,800,000
(6) University of South Carolina
Institute of Public Affairs 500,000
(7) Tech-Special School 5,000,000/.
Amend totals and title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SHORT proposed the following Amendment No. 13 (104.BBH), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Department of Commerce
Chester County Airport Improvements $300,000
( ) Department of Parks, Recreation & Tourism
Chester County War Memorial Ampitheater $250,000
( ) Department of Agriculture
Chester County Farmers Market Renovations $35,000
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LAND and PATTERSON proposed the following Amendment No. 14 (3690R300.JCL), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, line 15 by inserting item:
/Employment Services 50,000/
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator J. VERNE SMITH asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 13 (SFC\104.BBH) proposed by Senator SHORT was tabled.
The motion to reconsider was adopted.
Senator J. VERNE SMITH asked unanimous consent to make a motion that Amendment No. 13A be taken up for immediate consideration and substituted for Amendment No. 13.
There was no objection.
Senator SHORT proposed the following Amendment No. 13A (SFC\107.BBH), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Department of Commerce
Chester County Airport Improvements $300,000
( ) Department of Agriculture
Chester County Farmers Market Renovations $ 35,000
Amend sections, totals and title to conform.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 22 (S-EDUC\015.SD), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, line 16 by adding and appropriately numbered item to read:
\(6) Dept. of Education - Tugaloo Environmental Ed. 150,000\
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator STILWELL proposed the following Amendment No. 23 (S-EDUC\016.SD), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
\( ) Dept. of Education
Aid Schl Dist - Hold Harmless Fringe Benefits 1,673,423\
Amend sections, totals and title to conform.
Senator STILWELL argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator THOMAS proposed the following Amendment No. 25 (PFM\7473BDW.95), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 3, after line 15, by inserting an appropriately numbered item to read:
/( ) Governor's Office - OEPP
Legal Services Program 50,000/
Renumber items to conform.
Amend totals and title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator LANDER proposed the following Amendment No. 26 (JIC\5971AC.95), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, by inserting an appropriately numbered item after line 15 to read:
/( ) City of Newberry
Opera House Restoration 1,000,000/
Renumber items to conform.
Amend totals and title to conform.
Senator LANDER explained the amendment.
The amendment was adopted.
Senators RANKIN, GREG SMITH and ELLIOTT proposed the following Amendment No. 27 (3690R105.LAR), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15, by adding an appropriately numbered Item to read:
/( ) Coastal Carolina University Humanities Building A&E $600,000/
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator ELLIOTT moved that the amendment be adopted.
Senator LEVENTIS moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEVENTIS moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senator LEVENTIS continued arguing contra to the adoption of Amendment No. 27.
Senator LEVENTIS moved to lay the amendment on the table.
Senator RANKIN raised a Point of Order that the motion to table was out of order inasmuch as substantial progress had not been made.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 30A (S-INS\007.MLP), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Department of Education
Governors School of Math and Science 2,000,000
Amend sections, totals and title to conform.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 31A (3690R110.LAR), which was adopted:
Amend the joint resolution, as and if amended, page 3, after line 37 by adding an appropriately numbered Section to read:
/Section ___. The Commission on Higher Education shall conduct a study of the available classroom space at the various technical college campuses located throughout the State. The cost of the study shall be paid from any appropriation authorized during FY1995-96. The study must include a review of the average daily attendance of enrolled full-time equivalent students at the various campuses. The study shall also review campus needs with regard to other ancillary educational facilities such as library space, laboratory space and other such facilities required by standards of accreditation. The Commission shall make a report to the Joint Bond Review Committee, the Senate Finance Committee, and the House Ways and Means Committee with such recommendations as to the need for additional space at the various campuses, ranked by priority of need. The report shall be made not later than the end of February, 1996./
Amend titles and totals to conform.
Senator RANKIN explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 32 (3690R107.JWM), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
/( ) 1890 Extension Program 500,000/
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 38 (3690R100.JWM), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by inserting an appropriately numbered item to read:
/( ) Tax Credits for Investments in
Community Development Financial Institutions 2,500,000/
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 MOORE proposed the following Amendment No. 39 (3690R202.TLM), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
/( ) Department of Natural Resources
Boat Facility - Matching Federal Funds 200,000/
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 40 (S-FINANC\026.RDY), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) State Law Enforcement Division
DNA Program: Freezer and Implementation 100,000
Amend sections, totals and title to conform.
The amendment was adopted.
Senators THOMAS and SETZLER proposed the following Amendment No. 41 (3690R108.DLT), which was adopted:
Amend the joint resolution, as and if amended, page 3, after line 37 by adding an appropriately numbered section to read:
/Section _____. The State Department of Education shall expend $100,000 to provide support for the operation of a mobile comprehensive health education unit in cooperation with the South Carolina Medical Association. Funds will be made available from any appropriation authorized to the Department of Education for administrative expenses, however, none of these funds may be used to demonstrate the use of a contraceptive device./
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator SETZLER spoke on the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 42 (027.RDY), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:
( ) Governor's Office--SLED
DataMaster 275,000
Amend sections, totals and title to conform.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Senator PASSAILAIGUE moved to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator PASSAILAIGUE, the Bill was ordered placed on the Calendar without reference.
H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.
Senator PEELER moved to recall the Bill from the Committee on Medical Affairs.
There was no objection.
On motion of Senator PEELER, the Bill was ordered placed on the Calendar without reference.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Senator DRUMMOND moved to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, the Bill was ordered placed on the Calendar without reference.
Senator SETZLER moved that the Senate dispense with the Motion Period.
Senator WILLIAMS moved to table the motion.
The motion to dispense with the Motion Period was tabled.
Senator LEVENTIS moved that the Senate stand adjourned.
The Senate refused to adjourn.
On motion of Senator MOORE, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ELLIOTT argued contra to third reading of the Bill.
Senator COURTNEY argued in favor of third reading of the Bill.
Senator ALEXANDER, asked unanimous consent to make a motion to grant leave to Senators MARTIN, GREGORY and ALEXANDER to attend a brief meeting, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony, and to be notified if the Senate went into Executive Session.
There was no objection.
The Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator BRYAN, the Bill was ordered placed on the Calendar without reference.
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.
Senator STILWELL 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 proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0456.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 15-78-30(c) of the 1976 Code of Laws is amended to read:
"(c) Prior to January 1, 1989, 'Employee employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, and volunteers in a public guardian ad litem program serving without compensation or with nominal compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."
SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding a new item to read:
"(32) acts and omissions of volunteers in public guardian ad litem programs serving without compensation or with nominal compensation and acting within the scope of their responsibilities as court-appointed guardians ad litem, when such acts or omissions are done in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."
SECTION 3. Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-105. (A) In contested proceedings involving a minor child or children, the court may appoint a guardian ad litem for the child. The appointment must be made as soon as possible after the commencement of the proceeding. In determining whether an appointment must be made, the court shall consider:
(1) the wishes of the parties;
(2) the age of the child;
(3) the nature of the proceeding, including the contentiousness of the hearing;
(4) the financial resources of the parties;
(5) the extent a guardian ad litem may assist in providing information concerning the best interests of the child; and
(6) other factors the court determines relevant.
(B) The court shall specify the duties of the guardian ad litem. If, in order to perform the assigned duties, the guardian needs information concerning the child or parents, the court may order the parent to sign an authorization form allowing the release of the necessary information. The duties of the guardian ad litem may include the following:
(1) interviewing the child with or without another person present;
(2) interviewing the parents, teachers, and other people who have knowledge of the child or family;
(3) reviewing mental health, medical, and school records of the child;
(4) reviewing mental health and medical records of the parents;
(5) retaining an attorney to represent the guardian ad litem in the pending proceeding, with approval of the court;
(6) subpoenaing witnesses and documents and examining and cross-examining witnesses;
(7) serving as a contact person between the parents and the child;
(8) making a written report of investigations, findings, and recommendations, with copies of the report to each party and the court; and
(9) other duties that the court determines necessary.
(C) The guardian ad litem's standard of duty must be guided by the best interests of the child.
(D) A written report of a guardian ad litem may be admitted as evidence in the proceeding for which the guardian was appointed only if the party seeking the admission of the report has furnished a copy to all parties at least five days prior to the hearing. The report may not be admitted as evidence without the testimony of the guardian ad litem if a party objects to the admittance of the report at least two days prior to the hearing.
(E) A person serving by court appointment as a guardian ad litem under this section, and who is not covered by the immunity provision of Section 15-78-60(32), is immune from civil liability when acting within the scope of his responsibilities as a court-appointed guardian ad litem for acts or omissions done in good faith which do not constitute gross negligence, recklessness, wilfulness, or wantonness.
(F) Payment for the services of the guardian ad litem is the responsibility of the parties, as ordered by the court. In determining the responsibility for payment, the court shall consider:
(1) the income of the parties;
(2) the marital and nonmarital assets of the parties;
(3) the division of property made as part of the final divorce;
(4) which party requested appointment of a guardian; and
(5) other relevant factors."
SECTION 4. Section 20-7-127 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
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.
H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: 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 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.
The Concurrent Resolution was adopted, ordered returned to the House.
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 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.
On motion of Senator McCONNELL, the Resolution was recommitted to the Committee on Invitations.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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 third reading of the Bill.
Senator PASSAILAIGUE argued contra to the third reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by the Executive Session and adjournment, Senator PASSAILAIGUE retaining the floor.
On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
On motion of Senator MOORE, the following appointment was confirmed:
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1990, and to expire June 30, 1996:
At-Large:
Mr. G. Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621 VICE Vernon F. Dunbar (resigned)
Having been reported favorably from Executive Session, on motion of Senator STILWELL, with unanimous consent, the following appointments were confirmed:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1996:
At-Large:
Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)
Initial Appointment, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:
5th Congressional District:
Mr. James E. Crawford, 3 Foundry Hill Road, Cheraw, S.C. 29520
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:
6th Congressional District:
Ms. Sheila Allen Massey, 521 Lincolnshire North, Columbia, S.C. 29203 VICE James T. McLawhorn, Jr.
Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607
Reappointment, State Commission for Minority Affairs, with term to commence June 30, 1995, and to expire June 30, 1999:
2nd Congressional District:
Mr. James Furtick, Jr., 1349 Edisto Drive, Orangeburg, S.C. 29115
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
4th Congressional District:
Mr. Michael R. Watkins, 14 Bransfield Road, Greenville, S.C. 29615 VICE Anthony D. Bell
Initial Appointment, State Human Affairs Commission, with term to commence upon confirmation by the Senate, and to expire June 30, 1998:
5th Congressional District:
Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153 VICE Suzanne Smith
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
3rd Congressional District:
Ms. Janice C. McCord, Route 5, Box 66, Abbeville, S.C. 29620 VICE Wilmon W. McClellan, Sr. (resigned)
Initial Appointment, Director of the Department of Alcohol and Other Drug Abuse, with term to commence January 30, 1995, and to expire at the pleasure of the Governor:
Ms. Beverly G. Hamilton, 422 Somerset Place, Florence, S.C. 29501 VICE William J. McCord (resigned)
Initial Appointment, Board of Health and Environmental Control, with term to commence February 1, 1995, and to expire June 30, 1997:
At-Large\Chairman:
Mr. John Hay Burriss, 130 Haywain Drive, Chapin, S.C. 29036 VICE Robert J. Stripling, Jr. (resigned)
Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:
3rd Congressional District:
Mr. Rodney L. Grandy, 261 Magnolia Lake Road, Aiken, S.C. 29803 VICE Sandra J. Molander
Senator CORK desired to be recorded as voting against the appointment of Mr. Grandy.
Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:
6th Congressional District:
Mr. Roger Leaks, Jr., 4519 Robney Drive, Columbia, S.C. 29209
Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1995, and to expire June 30, 1999:
Advocate:
Ms. Lynn M. Williams, SCANA Corporation, 1426 Main Street, Columbia, S.C. 29201 VICE Harriet Jean Ferguson
Initial Appointment, State Board of Medical Examiners, with term to commence December 31, 1994, and to expire December 31, 1998:
Physician\At-Large:
Louis E. Costa, II, D.M.D., M.D., 909 Parrot Creek Way, Charleston, S.C. 29412 VICE C. Dayton Riddle
Initial Appointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
South Carolina:
Mr. David M. Cupka, Director, Office of Fisheries Management, Marine Resources Division, Department of Natural Resources, Post Office Box 12559, Charleston, S.C. 29422-2559 VICE Dr. James A. Timmerman, Jr. (slot moved in restructuring)
Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:
At-Large:
Mr. Charles L. Appleby, III, 216 Genessee Valley Road, Columbia, S.C. 29223-3214
Initial Appointment, Jobs Economic Development Authority, for the term which commenced July 27, 1992, and to expire July 27, 1995, service to commence December 14, 1994:
At-Large:
Mr. Charles L. Appleby, III, 216 Genesse Valley Road, Columbia, S.C. 29223-3214 VICE Robert L. Mobley (resigned)
Initial Appointments, South Carolina Real Estate Appraisers Board, with terms to commence May 31, 1995, and to expire May 31, 1998:
Appraiser:
Mr. Herbert R. Sass, III, 719 Milldenhall Road, Mt. Pleasant, S.C. 29464 VICE Robert O. Lighthart, Jr.
Real Estate:
Mr. Dan M. Sallé, 1212 Haywood Road, Greenville, S.C. 29615 VICE Doris G. Sheriff
Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:
At-Large:
Mr. Eugene Collins Spivey, Post Office Box 570, Conway, S.C. 29526
Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:
6th Congressional District:
Mr. Chester A. Duke, Post Office Box 929, Marion, S.C. 29571
Reappointment, South Carolina Real Estate Commission, with term to commence June 30, 1995, and to expire June 30, 1999:
Consumer:
Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631
Initial Appointment, South Carolina Real Estate Commission, with term to commence September 8, 1994, and to expire June 30, 1995:
Consumer:
Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631 VICE Earl Spain (resigned)
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 29, 1992, and to expire May 19, 1996:
At-Large:
Reverend Oliver H. Willis, 209 Demos Drive, Roebuck, S.C. 29376 VICE M. Yvonne Bradley-Offord
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
At-Large:
Elizabeth N. Adams, Ph.D., 303 Saluda Avenue, Columbia, S.C. 29205 VICE Constance C. Flemming
Reappointment, South Carolina Commission on Archives and History, with term to commence February 7, 1995, and to expire coterminous with the Governor:
At-Large:
Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1995, and to expire March 15, 2001:
1st Congressional District:
Mr. Orton Bellamy, 1208 13th Avenue, Conway, S.C. 29526 VICE Wanda Hendrix-Bellamy
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:
2nd Congressional District:
Ms. Julie M. Dever, 321 Southampton Drive, Irmo, S.C. 29063 VICE Mollie K. DuPriest (resigned)
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1993, and to expire June 30, 1997:
At-Large:
Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420-8847 VICE Robert C. Toomey (resigned)
Reappointment, Director of the South Carolina Department of Juvenile Justice, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:
Ms. Flora Brooks Boyd, 200 Patio Drive, Columbia, S.C. 29212
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1992, and to expire June 30, 1996:
1st Congressional District:
Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451 VICE Mollie K. DuPriest (resigned)
Initial Appointment, Director of Department of Corrections, with term to commence March 6, 1995, and to expire at the pleasure of the Governor:
Mr. Michael W. Moore, Department of Corrections, Post Office Box 21787, Columbia, S.C. 29221-1787 VICE William Douglas Catoe
We certify that we took no action nor did we vote on the Workers' Compensation appointments which would preclude our representation of a client under the provisions of Section 8-13-745.
At 5:40 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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