Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 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, St. Mark records an episode in Bethsaida, Chapter 8 (vv. 23-25):
"And Jesus asked the blind man,
'Can you see anything?'
And the man looked up and said,
'I can see people, but they look
like trees, walking.'
Then Jesus laid His hands on his eyes
again... and he saw everything
clearly."
Let us pray.
Heavenly Father, we're beginning to get a bit tired, and figures and issues and people begin to appear a bit blurred.
We pray for perspective and stamina!
Help us, in these days of stress, to distinguish between people and trees, between shadows and substance, between living concerns that are vital for the life of our people and the unimportant things that will have been forgotten in a few days.
Enable us to see things in focus, unblurred! "Dawn on our darkness, and lend us Thine aid."
Amen.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Senator McGILL asked unanimous consent to take the Bill up for immediate consideration.
Senator CORK objected.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson 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 WILLIAMS asked unanimous consent to make a motion that when the Senate adjourns today, it stand adjourned to meet for local and uncontested matters at 11:00 A.M. on Friday, May 26, 1995, and that when the Senate adjourns on Friday, it stand adjourned to meet at 2:30 P.M. on Monday, May 29, 1995.
Senator LEVENTIS objected.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 15, 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, Governing Board of the Department of Natural Resources, with term to commence July 1, 1992, and to expire July 1, 1998:
5th Congressional District:
Mr. Campbell D. Coxe, Skuffel Farm, Post Office Box 505, Darlington, S.C. 29532 VICE Jake Rasor, Jr. (resigned)
Referred to the Committee on Fish, Game and Forestry.
May 19, 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 Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449 VICE George W. Tumbleston, Jr. (retired)
Received as information.
May 23, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Milford D. Burriss, 343 Eastover Road, Eastover, S.C. 29044
Received as information.
Initial Appointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
At-Large:
Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436 VICE Harold President
Mr. Charles E. Schuster, 27 North Basilica Avenue, Hanahan, S.C. 29406 VICE Ruby S. Mitchell (deceased)
Received as information.
Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406
Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 29461
Received as information.
May 24, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Danny J. Singleton, Route 1, Box 20, Ehrhardt, S.C. 29081
Received as information.
Reappointments, Newberry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Barry S. Koon, 3239 Louis Rich Road, Newberry, S.C. 29108
The Honorable Emily E. Clements, 752 Highway 202, Little Mountain, S.C. 29075
Received as information.
Reappointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Earl H. Hyder, 749 Hawkins Road, Union, S.C. 29379
Received as information.
Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin July 1, 1995:
Mr. Charles Wilson Blackwell, Post Office Box 33, Jonesville, S.C. 29353-0033 VICE Catherine H. Smith (retired)
Received as information.
Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Melvin W. Maurer, 1223 St. Andrews Road, Columbia, S.C. 29210
Honorable Harry M. Tokunaga, 224 Carlyle Circle, Columbia, S.C. 29206
Honorable Samuel Peay, 4919 Rhett Avenue, Columbia, S.C. 29203
Honorable Willie H. Womble, Jr., 6706 Formosa Drive, Columbia, S.C. 29206
Honorable Walter Jones, 2200 Chappelle Street, Columbia, S.C. 29203
Received as information.
Columbia, S.C., May 24, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 89, H. 3977 by a vote of 3 to 0:
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
Very respectfully,
Speaker of the House
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
The veto of the Governor was taken up for immediate consideration.
Senator REESE 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 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.
Columbia, S.C., May 24, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 78, S. 732 by a vote of 3 to 0:
(R78) S. 732 -- Senator Drummond: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.
Very respectfully,
Speaker of the House
Received as information.
Senator MOORE introduced Dr. Bo Machado of Aiken, S.C., Doctor of the Day.
Senator LEVENTIS rose to a Point of Personal Privilege.
Senator LEATHERMAN rose to a Point of Personal Privilege.
Columbia, S.C., May 24, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Townsend, Allison and Wright of the Committee of Conference on the part of the House on:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Huff, Cromer and Cotty of the Committee of Conference on the part of the House on:
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Columbia, S.C., May 25, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator COURTNEY, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the General Committee.
There was no objection.
On motion of Senator COURTNEY, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
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. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
The Resolution was adopted and ordered returned to the House of Representatives.
The following were introduced:
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.
Whereas, R. J. Chic Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and
Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and
Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987, and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and
Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and
Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the portion of Highway 76/378 described in this resolution in Sumter County were named for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the portion of State Highway 76/378 from the Sumter County line to Highway 261 in the western part of Sumter County as the R. J. Chic Mathis Highway.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis.
Referred to the Committee on Transportation.
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
The Resolution was adopted and ordered returned to the House of Representatives.
S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.
Whereas, the General Assembly on September 22, 1991, unanimously passed and the Governor signed the Ethics Act; and
Whereas, since January 1, 1992, this act bans public officials in the legislative branch of government from accepting gifts, gratuities, and campaign contributions from lobbyists. It limits gifts from lobbyists' principals to not more than two hundred dollars annually; and
Whereas, the people of South Carolina strongly endorse and support the Ethics Act and believe that its prohibitions and restrictions on lobbyists, lobbyists' principals, and state legislators are appropriate; and
Whereas, South Carolina's Ethics Act has served as a model for the nation, inspiring imitation by a large number of states in recent months; and
Whereas, lobbyists' gifts, gratuities, and campaign contributions on the congressional level have been covered extensively by the media and, at a minimum, give the public the perception that lobbyists have acquired undue influence over Congress. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of South Carolina urges the South Carolina Congressional Delegation to become the first congressional delegation in the United States to promise publicly to refrain in the future from accepting gifts and gratuities from lobbyists and to support legislation prohibiting the giving and receiving of lobbyists' gifts and gratuities to members of Congress and their staff members and employees.
Be it further resolved that a copy of this resolution be forwarded to the members of South Carolina's Congressional Delegation.
Referred to the Committee on Judiciary.
S. 872 -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 873 -- Senators Patterson, Courson, Giese and Jackson: A SENATE RESOLUTION TO EXPRESS GRATITUDE TO THE REVEREND JOSEPH W. ALLEY FOR HIS MANY CONTRIBUTIONS TO RICHLAND COUNTY AND TO CONGRATULATE HIM ON THE OCCASION OF THE DESIGNATION OF REVEREND JOSEPH W. ALLEY DAY BY THE RICHLAND COUNTY COUNCIL.
The Senate Resolution was adopted.
H. 4246 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Huff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING SERVICE OF MELANIE W. HUTTO ON THE OCCASION OF HER RETIREMENT FROM THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT AND WISHING FOR HER MANY HAPPY AND FULFILLING YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
Read the first time and referred to the Committee on Transportation.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.
Read the first time and referred to the Committee on Education.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Judiciary.
H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.
Read the first time and referred to the Committee on Judiciary.
H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
Read the first time and referred to the Committee on Judiciary.
H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.
Referred to the Chairmen's Committee.
H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator SETZLER from the Committee on Education polled out S. 298 favorable with amendment:
S. 298 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT FOR PURPOSES OF THE PRACTICE TEACHING REQUIREMENT NECESSARY FOR TEACHER CERTIFICATION, A TEACHER WITH AT LEAST FIVE YEARS TEACHING EXPERIENCE IN A CRITICAL NEEDS CURRICULA IN AN ACCREDITED PRIVATE OR PAROCHIAL SCHOOL IN THIS STATE IS ENTITLED TO RECEIVE A WAIVER FROM THE PRACTICE TEACHING REQUIREMENT IN THE SAME MANNER A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE IN THE CRITICAL NEEDS CERTIFICATION PROGRAM MAY RECEIVE SUCH A WAIVER.
AYES
Setzler Bryan Giese Matthews Wilson Patterson Courson Stilwell Russell Washington Hayes Glover Lander Mescher Rankin Short
NAYS
Cork
NOT VOTING
Saleeby
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 274 -- Senators Short and Rose: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Ordered for consideration tomorrow.
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
The House returned the Bill with amendments.
On motion of Senator ALEXANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.
Returned with concurrence.
Received as information.
S. 866 -- Senators Wilson, Ryberg, Lander and Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE RESIDENTS OF THE TOWN OF SPRINGDALE IN LEXINGTON COUNTY AS THEY PREPARE TO CELEBRATE ON SEPTEMBER 9, 1995, THE FORTIETH ANNIVERSARY OF THE TOWN'S INCORPORATION.
Returned with concurrence.
Received as information.
S. 867 -- Senators Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. RUTH LONG GREER OF YORK COUNTY FOR HER MORE THAN THIRTY-EIGHT YEARS OF TRULY OUTSTANDING SERVICE IN EDUCATION ON THE OCCASION OF HER RETIREMENT.
Returned with concurrence.
Received as information.
S. 869 -- Senator Washington: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE HELEN ELLIS PETRILL FOR HER MANY YEARS OF SERVICE TO THE CHRISTIAN COMMUNITY AND BEST WISHES UPON HER RETIREMENT.
Returned with concurrence.
Received as information.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses.
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.
Judge, Family Court, First Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Second Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fourth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1998;
Judge, Family Court, Fourth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fifth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Sixth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Seventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eighth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Ninth Judicial Circuit, Seat #4, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fifteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995.
Senator MARTIN asked unanimous consent to make a motion that all nominating speeches be waived and that all seconds be submitted to the Desk.
There was no objection.
Rep. Sharpe asked unanimous consent to make a motion that the members of the House vote by electronic roll call for the contested elections.
Rep. Gamble objected to voting by electronic roll call solely in the race involving the position of Judge, Family Court, Eighth Judicial Circuit, Seat #3.
On motion of Senator WILLIAMS, with unanimous consent, the Joint Assembly proceeded to a vote in the uncontested elections and the candidates were elected by acclamation.
On motion of Rep. Rogers, with unanimous consent, Rep. Beatty desired to be recorded as abstaining from voting in all of the following elections.
The PRESIDENT announced that nominations were in order to elect a successor to the positions of:
Judge, Family Court, First Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Second Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fourth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1998
Judge, Family Court, Fourth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fifth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Sixth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Seventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eighth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Ninth Judicial Circuit, Seat #4, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fifteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the following individuals had been screened and found qualified to serve:
the Honorable Maxey G. Watson, the Honorable G. Larry Inabinet, the Honorable Marion D. Myers, the Honorable R. Wright Turbeville, the Honorable Roger E. Henderson, the Honorable J.L. Murdock, Jr., the Honorable William R. Byars, Jr., the Honorable Berry L. Mobley, the Honorable Thomas E. Foster, the Honorable Wyatt T. Saunders, Jr., the Honorable Wayne M. Creech, the Honorable J. Frank McClain, the Honorable Tommy B. Edwards, the Honorable C. David Sawyer, Jr., the Honorable Richard W. Chewning, III, the Honorable Mary E. Buchan, the Honorable A.E. "Gene" Morehead, III, the Honorable John W. Kittredge, the Honorable R. Kinard Johnson, Jr., the Honorable Gerald C. Smoak, Jr., the Honorable Donald A. Fanning, the Honorable H.E. Bonniott, Jr., and the Honorable Lee S. Alford.
Rep. Delleney seconded the nomination of Judge Watson.
Senator WILLIAMS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that:
the Honorable Maxey G. Watson was elected to the position of Judge, Family Court, First Judicial Circuit, Seat #1;
the Honorable G. Larry Inabinet was elected to the position of Judge, Family Court, Second Judicial Circuit, Seat #2;
the Honorable Marion D. Myers was elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #2;
the Honorable R. Wright Turbeville was elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #3;
the Honorable Roger E. Henderson was elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #1;
the Honorable J.L. Murdock, Jr. was elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #2;
the Honorable William R. Byars, Jr. was elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #3;
the Honorable Berry L. Mobley was elected to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #1;
the Honorable Thomas E. Foster was elected to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #2;
the Honorable Wyatt T. Saunders, Jr. was elected to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #1;
the Honorable Wayne M. Creech was elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #4;
the Honorable J. Frank McClain was elected to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #1;
the Honorable Tommy B. Edwards was elected to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #3;
the Honorable C. David Sawyer, Jr. was elected to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #2;
the Honorable Richard W. Chewning, III was elected to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #3;
the Honorable Mary E. Buchan was elected to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #1;
the Honorable A.E. "Gene" Morehead, III was elected to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #2;
the Honorable John W. Kittredge was elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #1;
the Honorable R. Kinard Johnson, Jr. was elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #2;
the Honorable Gerald C. Smoak, Jr. was elected to the position of Judge, Family Court, Fourteenth Judicial Circuit, Seat #1;
the Honorable Donald A. Fanning was elected to the position of Judge, Family Court, Fourteenth Judicial Circuit, Seat #3;
the Honorable H.E. Bonnoitt, Jr. was elected to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #1;
the Honorable Lee S. Alford was elected to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #2 for the respective terms prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #1.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Ms. Janet T. Butcher and the Honorable H. Bruce Williams had been screened and found qualified to serve.
On motion of Senator McCONNELL, the name of Ms. Janet T. Butcher was withdrawn from consideration.
Senator WILLIAMS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Bruce Williams was elected Judge, Family Court, Fifth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #2.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Mr. Paul W. Garfinkel, Ms. Deadra L. Jefferson, and Mr. Ben F. Mack had been screened and found qualified to serve.
On motion of Senator McCONNELL, the names of Ms. Deadra L. Jefferson and Mr. Ben. F. Mack were withdrawn from consideration.
Senator WILLIAMS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Paul W. Garfinkel was elected Judge, Family Court, Ninth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #2.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Mr. Haskell Thomas Abbott, III, and Ms. Lisa A. Kinon had been screened and found qualified to serve.
On motion of Senator McCONNELL, the name of Mr. Haskell T. Abbott, III was withdrawn from consideration.
Senator WILLIAMS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Lisa A. Kinon was elected Judge, Family Court, Fifteenth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #1.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Georgia V. Anderson, Mr. James F. Fraley, Jr., Mr. R. Keith Kelly, Mr. Jack W. Lawrence, and the Honorable James B. Paslay had been screened and found qualified to serve.
On motion of Rep. Wells, the name of the Honorable James B. Paslay was withdrawn from consideration.
On motion of Rep. Lanford, the name of Mr. James F. Fraley, Jr. was withdrawn from consideration.
On motion of Senator RUSSELL, the name of Mr. R. Keith Kelly was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Bryan Cork Courson Courtney Elliott Gregory Hayes Holland Leatherman Martin McGill Mescher Moore Peeler Rankin Richter Rose Saleeby Smith, G. Waldrep
The following named Senators voted for Mr. Lawrence:
Alexander Drummond Ford Giese Glover Jackson Land Lander Leventis Matthews McConnell O'Dell Passailaigue Patterson Reese Setzler Short Smith, J.V. Stilwell Washington Williams Wilson
On motion of Rep. Sharpe, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Anderson:
Allison Askins Bailey Brown, G. Brown, H. Cain Cato Chamblee Clyburn Cooper Dantzler Davenport Easterday Fair Fleming Harrell Harvin Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin McKay McMahand Meacham Phillips Quinn Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
The following named Representatives voted for Mr. Lawrence:
Anderson Baxley Boan Breeland Brown, J. Byrd Carnell Cave Cobb-Hunter Cotty Cromer Delleney Elliott Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Hines Hodges Howard Inabinett Kirsh Klauber Lloyd Mason McAbee McCraw McElveen McTeer Moody-Lawrence Neilson Rhoad Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stille Whipper, S. White Williams Young, J.
RECAPITULATION
Total number of Senators voting 42
Total number of Representatives voting 117
Grand Total 159
Necessary to a choice 80
Of which Judge Anderson received 90
Of which Mr. Lawrence received 69
Whereupon, the PRESIDENT announced that the Honorable Georgia V. Anderson was elected Judge, Family Court, Seventh Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #2.
Senator McCONNELL, Chairman of the Judicial Screening Committee, reported that the Honorable William K. Charles, Jr. had been screened and that half the members of the Judicial Screening Committee found him unqualified to serve while the other half found him qualified to serve.
Senator McCONNELL published the Findings of the Committee regarding this candidate.
Rep. Carnell nominated the Honorable William K. Charles, Jr.
Senator DRUMMOND spoke on the nomination and seconded the nomination of Judge Charles.
Rep. Klauber raised a Point of Order that since Judge Charles was not found unqualified and since this race was not contested, that a "no" vote would be of no significance.
Rep. Sheheen spoke on the Point of Order and stated that there is precedent from a previous Joint Assembly wherein Lt. Governor STEVENSON, in the matter of the election of Judge Winston Vaught, ruled that a "no" vote where there is only one nominee for the office to be elected is given effect and the candidate must receive an affirmative majority of the votes cast.
The PRESIDENT overruled the Point of Order.
Rep. Klauber asked unanimous consent to be recognized for brief remarks.
Rep. Neilson objected.
The question then was, "Shall Judge Charles be elected to Seat #3 of the Family Court, Eighth Judicial Circuit?"
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
Those who voted in the affirmative were:
Alexander Bryan Courtney Drummond Ford Glover Hayes Holland Land Martin Matthews McGill Moore O'Dell Patterson Saleeby Short Smith, J.V. Washington
Those who voted in the negative were:
Cork Courson Elliott Giese Leatherman Leventis McConnell Mescher Passailaigue Peeler Rankin Reese Richter Rose Russell Setzler Smith, G. Waldrep Wilson
The Reading Clerk of the House called the roll of the House and the Representatives voted viva voce as their names were called.
Those who voted in the affirmative were:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Elliott Felder Govan Harris, J. Harris, P. Harrison Harvin Hines Howard Inabinett Jennings Kelley Kennedy Kinon Klauber Lanford Law Littlejohn Lloyd Martin McAbee McKay Moody-Lawrence Neal Rhoad Riser Scott Stille Stoddard Stuart Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Worley Young, J.
Those who voted in the negative were:
Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Haskins Herdklotz Hodges Hutson Jaskwhich Keegan Kirsh Knotts Koon Limbaugh Limehouse Marchbanks Mason McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rice Richardson Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Tripp Trotter Vaughn Wells Whatley Wilkes Wofford Wright Young, A.
The following Representative abstained:
Cromer
RECAPITULATION
Total number of Senators voting 38
Total number of Representatives voting 117
Grand Total 155
Necessary to a choice 78
Those voting to elect 80
Those voting not to elect 75
Whereupon, the PRESIDENT announced that the Honorable William K. Charles, Jr. was elected Judge, Family Court, Eighth Judicial Circuit, Seat #3 for the term prescribed by law.
We, the undersigned members of the General Assembly, having carefully reviewed and considered the information, findings and conclusions reached in the majority report of the Joint Legislative Committee for Judicial Screening, voted in favor of Judge William K. Charles, Jr.'s re-election to the Family Court Bench. Over the past several weeks, we watched with great interest the screenings that were conducted by the Joint Committee for Judicial Screening and it is our collective determination that the majority committee screening report was derived from a process that deteriorated into a contentious, mean-spirited and ineffective exercise as the committee's majority abrogated its duties and responsibilities for effectively and fairly screening judicial candidates by employing arbitrary and capricious standards for the review of certain candidate's credentials and qualifications. We cite as examples the following:
- certain judicial candidates were subjected to marathon screening hearings while other candidates received only cursory review;
- specious allegations against certain candidates were vigorously pursued and hearsay layered upon hearsay was used as an attempt at corroboration;
- public attacks on certain candidates' credibility and integrity were leveled in open session instead of being discussed in executive session, then investigated and substantiated before being published.
For these and many other reasons, we strongly believe that the majority committee report does not accurately reflect upon the credentials, character, integrity, or ability of the candidate seeking to serve the State of South Carolina on the bench. In this regard, we are confident that candidates who were unfairly scrutinized by the committee have the requisite ability, intellect, character, ethics, and integrity to serve and continue to serve our state's judiciary with distinction. Therefore, our vote in favor of Judge Charles is a vote against the majority committee report and the process from which it was derived.
s/Maggie W. Glover s/John W. Matthews, Jr.
s/McKinley Washington, Jr. s/Kay Patterson
s/Robert Ford
We, the undersigned members of the General Assembly, having carefully reviewed and considered the information, findings and conclusions reached in the majority report of the Joint Legislative Committee for Judicial Screening, voted in favor of Judge William K. Charles, Jr.'s re-election to the Family Court Bench. Over the past several weeks, we watched with great interest the screenings that were conducted by the Joint Committee for Judicial Screening and it is our collective determination that the majority committee screening report was derived from a process that deteriorated into a contentious, mean-spirited and ineffective exercise as the committee's majority abrogated its duties and responsibilities for effectively and fairly screening judicial candidates by employing arbitrary and capricious standards for the review of certain candidate's credentials and qualifications. We cite as examples the following:
- certain judicial candidates were subjected to marathon screening hearings while other candidates received only cursory review;
- specious allegations against certain candidates were vigorously pursued and hearsay layered upon hearsay was used as an attempt at corroboration;
- public attacks on certain candidates' credibility and integrity were leveled in open session instead of being discussed in executive session, then investigated and substantiated before being published.
For these and many other reasons, we strongly believe that the majority committee report does not accurately reflect upon the credentials, character, integrity, or ability of the candidate seeking to serve the State of South Carolina on the bench. In this regard, we are confident that candidates who were unfairly scrutinized by the committee have the requisite ability, intellect, character, ethics, and integrity to serve and continue to serve our state's judiciary with distinction. Therefore, our vote in favor of Judge Charles is a vote against the majority committee report and the process from which it was derived.
s/Gilda Cobb-Hunter s/Ralph Anderson
s/Jackson S. Whipper s/Alma W. Byrd
s/Lucille S. Whipper s/Leon Howard
s/John L. Scott, Jr. s/Floyd Breeland
s/Wilbur L. Cave s/Walter P. Lloyd
s/Curtis B. Inabinett s/Joseph H. Neal
s/Bessie Moody-Lawrence s/William Clyburn
s/Jesse E. Hines s/Juanita M. White
s/Dewitt Williams s/Jerry N. Govan, Jr.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Seventh Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Donald W. Beatty, the Honorable James B. Paslay, and Mr. John M. Rollins, Jr. had been screened and found qualified to serve.
On motion of Senator McCONNELL, the name of Mr. John M. Rollins, Jr. was withdrawn from consideration.
On motion of Rep. Wells, the name of the Honorable James B. Paslay was withdrawn from consideration.
Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald W. Beatty was elected to the position of Judge, Seventh Judicial Circuit, for the term prescribed by law.
Immediately following the judicial elections, the Joint Assembly proceeded to the election of a successor to Seat #3 on the South Carolina Consumer Affairs Commission pursuant to a Concurrent Resolution adopted by both Houses.
S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.
Senator COURTNEY, Chairman of the Committee to Review Candidates for the S.C. Consumer Affairs Commission, stated that Ms. Lillian C. Bloom, Mr. James H. Hinton, Mr. Harold R. Lesselbaum, and Mr. Edward B. Neeley had been screened and found qualified.
On motion of Senator COURTNEY, the name of Mr. Harold R. Lesselbaum was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Bloom:
Alexander Bryan Cork Courtney Ford Glover Hayes Jackson Land Lander Martin Matthews McConnell Moore Peeler Russell Setzler Short Smith, J.V. Stilwell Waldrep Washington Williams Wilson
The following named Senators voted for Mr. Hinton:
The following named Senators voted for Mr. Neeley:
Elliott Rankin
On motion of Rep. Sharpe, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Bloom:
Anderson Boan Breeland Brown, G. Brown, H. Byrd Cato Cave Chamblee Cobb-Hunter Cooper Cotty Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Haskins Herdklotz Hines Howard Inabinett Jaskwhich Kennedy Keyserling Kinon Kirsh Koon Law Limehouse Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Stille Stuart Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Wofford Young, A.
The following named Representatives voted for Mr. Hinton:
Askins Baxley Clyburn Cromer Davenport Harrison Huff Jennings Lanford Limbaugh Littlejohn Mason Quinn Riser Sharpe Smith, R. Spearman Townsend Wright Young, J.
The following named Representatives voted for Mr. Neeley:
Brown, T. Cain Dantzler Hutson Keegan Kelley Knotts Martin McTeer Rogers Thomas Whatley Witherspoon Worley
RECAPITULATION
Total number of Senators voting 26
Total number of Representatives voting 101
Grand Total 127
Necessary to a choice 64
Of which Ms. Bloom received 91
Of which Mr. Hinton received 20
Of which Mr. Neeley received 16
Whereupon, the PRESIDENT announced that the Honorable Lillian Bloom was elected to Seat #3 on the S.C. Consumer Affairs Commission for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.
At 1:35 P.M., the Senate reconvened.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.
H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.
Senator MARTIN explained the Bill.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.
On motion of Senator MATTHEWS, H. 4170 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.
On motion of Senator GIESE, H. 4186 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.
On motion of Senator MOORE, H. 4218 was ordered to receive a third reading on Friday, May 26, 1995.
S. 827 -- Senator Waldrep: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF HIGHWAY 76 AND INTERSTATE 85 IN ANDERSON COUNTY AS "CHARLANTA".
Senator WALDREP explained the Resolution.
H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.
Senator STILWELL explained the Bill.
H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.
H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.
H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.
H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.
H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
On motion of Senator SALEEBY, H. 3839 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SALEEBY, H. 4216 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SALEEBY, H. 4232 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.
On motion of Senator LANDER, H. 4219 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Senator LANDER, H. 4229 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.
On motion of Senator BRYAN, H. 4230 was ordered to receive a third reading on Friday, May 26, 1995.
H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.
On motion of Senator LANDER, H. 4089 was ordered to receive a third reading on Friday, May 26, 1995.
S. 639 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
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 (JUD0639.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 30, in Section 16-11-510(B)(2), as contained in SECTION 1, by striking lines 30 through 33 in their entirety and inserting therein the following:
/(2) felony misdemeanor and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years one year, or both, if the value of injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;/.
Amend the bill further, as and if amended, page 2, beginning on line 7, in Section 16-11-520(B)(2), as contained in SECTION 2, by striking lines 7 through 10 in their entirety and inserting therein the following:
/(2) felony misdemeanor and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years one year, or both, if the amount of injury to the property or damage to the property loss is worth more than one thousand dollars but less than five thousand dollars;/.
Amend title to conform.
Senator BRYAN proposed the following amendment (JUD0639.003), which was adopted:
Amend the bill, as and if amended, page 2, line 4, in Section 16-11-520(B)(1), as contained in SECTION 2, by inserting after the word /years/ the words /, or both,/.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 695 -- Senators Richter and Hayes: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (PFM\7496AC.95), which was adopted:
Amend the bill, as and if amended, Section 20-7-1340, page 2, line 10, by inserting after the /./:
/If the parents of the child are living apart, the solicitor shall pursue child support payments from both parents./
Amend further, Section 20-7-1340, page 2, by deleting line 13, and inserting:
/court may direct, such sum within his ability to pay in accordance with child support guidelines promulgated by the Department of Social Services, so as to cover in/.
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. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
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 (JUD3515.003), 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 2-3-75 of the 1976 Code is amended to read:
"Section 2-3-75. The Office of Legislative Printing and Information Technology Resources (LPITR) shall be established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The Clerks clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the Clerks clerks, with such funds as may be authorized by the General Assembly. The Office of Legislative Printing and Information Technology Resources shall have the following authority and duties:
(1) The Office of Legislative Printing and Information Technology Resources shall To provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITR shall, with the approval of the Clerks clerks, contract for all legislative printing requirements not otherwise provided for by law. LPITR shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).
(2) To sell or otherwise distribute Any any materials which are have been printed or distributed in hard copy or electronic form paid for under the by LPITR which may be obtained under the provisions of Chapter 4 of Title 30 printing contract may be sold to other state agencies and private persons. All funds received for such this service shall be deposited in the state treasury to the credit of the general fund of the State. Before any funds are paid into the state treasury, all necessary expenses incurred by accounts of the Office of LPITR to be used in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITR. Payment for such expenses may be made on order of the Director of Legislative Printing and Information Technology Resources and approval of the Clerks of the House and Senate.
(3) Legislative Printing and Information Technology Resources may sell by means of electronic transmission or by such other means as it deems appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code as amended. Such sale shall be with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."
SECTION 2. Section 2-7-80 of the 1976 Code is amended to read:
"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed provide all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date,. a copy of such acts and to The clerks must mail copies to the house home offices of those members who request such services and, after subsequent to sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. In addition, three copies must be provided mailed to each clerk of court in the State, to the head of each state department and institution, to the Chief Justice and associate justices of the Supreme Court, to the Chief Judge and associate judges of the Court of Appeals, and each judge of the judicial circuits. Likewise, printed copies of local acts approved by the Governor must be furnished provided to the members of the legislative delegation from the county involved. The Secretary of State shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading. Copies of printed statewide acts of the General Assembly must be supplied to the county clerks of court and county boards of commissioners."
SECTION 3. Section 2-13-190 of the 1976 Code is amended to read:
"Section 2-13-190. Within five days after receiving such page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print provide the same and shall deliver as many distribute copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges judges, Clerk of the Court of Appeals, circuit judges, each circuit solicitors solicitor's office within a judicial circuit, county Administrative Law Judge Division judges, Clerk of the Administrative Law Judge Division county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Code Commissioner, Chief Bank Examiner, Director of the Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer Director of the Department of Health and Environmental Control, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director Chief Insurance Commissioner of the Department of Insurance, State Budget and Control Board, Office of Executive Director, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, Director of the Department of Public Safety, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner Office of Legislative Printing and Information Technology Resources (LPITR)."
SECTION 4. Section 2-13-240(a) of the 1976 Code, as last amended by Section 25, Act 181 of 1993, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall must be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each Court of Appeals judge, one; each Circuit Court Judge circuit court judge, one; each Circuit Court circuit court solicitor solicitor's office within a judicial circuit, one; each Family Court Judge family court judge, one; each county court Administrative Law Judge Division judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Coastal Carolina University, one; Francis Marion College University, one; Lander College University, one; Medical University of South Carolina, two; South Carolina State College University, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College University, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such these offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control Financial Institutions, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six Office of the Executive Director, five; Auditor, two; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing, and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon Services, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's Office, one; Vocational Rehabilitation, one; Department of Natural Resources, four."
SECTION 5. Section 2-13-200 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator STILWELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Senator McGILL 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 second reading of the Bill.
Senators LEATHERMAN and McGILL proposed the following amendment (JIC\6050HTC.95), which was adopted:
Amend the bill, as and if amended, by striking Section 12-21-735 as added in SECTION 1, page 1, and inserting:
/Section 12-21-735. Each person or distributor of cigarettes taxable under this article, first receiving untaxed cigarettes for sale or distribution in this State, is subject to the tax imposed in Section 12-21-620. Each distributor required to pay the tax shall make a report to the department, in the form the department prescribes, of all cigarettes sold or disposed of in this State, and pay taxes due thereon not later than the twentieth day of the month next succeeding the month of the sale or disposition. However, any person or distributor making shipments of cigarettes to retail locations in and out of this State shall apply to the department for a license which enables them to purchase cigarettes free of tax, and report and pay tax as provided in this section on sales of cigarettes sold to locations in this State.
The department shall require bonds or statements of financial stability satisfactory to the department to cover possible losses resulting from failure to remit taxes due./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator McGILL, H. 3808 was ordered to receive a third reading on Friday, May 26, 1995.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURSON proposed the following amendment (GJK\22030SD.95):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 59-19-25. (A) (1) Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in any school district, beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections to be conducted at the same time as the general election in those years.
(2) Any school district board of trustees now elected in nonpartisan elections as provided by law shall continue to be elected in that manner except that the date of the nonpartisan elections must be at the same time as the general election in the appropriate even-numbered year.
(3) All current members of the boards of trustees of the school districts whose terms expire in an even-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section in the election of that even-numbered year. All current members of the board of trustees of the school districts whose terms expire in an odd-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section at the election in the next ensuing even-numbered year.
(4) The terms for all persons elected to the boards of trustees are as now provided by law for that district and commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.
(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.
(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.
(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district. If no such method of conducting the election is now applicable to a district, the elections must be conducted by the county election commission with the cost of the election to be borne by the district. Trustees shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that district.
(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.
(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.
(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."/
Renumber sections to conform.
Amend totals and title to conform.
Senator COURSON explained the amendment.
Senator BRYAN objected to further consideration of the Bill.
S. 800 -- Senator Wilson: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".
Senator STILWELL explained the Bill.
On motion of Senator ELLIOTT, the Bill was carried over.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator THOMAS proposed the following amendment (JIC\6048HTC.95):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Section 12-37-220(B)(2) of the 1976 Code, as last amended by Section 200, Act 181 of 1993, is further amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person, or a person receiving the exemption allowed pursuant to Section 12-37-250 by reason of permanent and total disability is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain and permanent and total disability is as defined in Section 12-37-250."
B. Section 12-37-220(B)(27) of the 1976 Code, as last amended by Act 516 of 1994, is further amended by adding a new paragraph at the end to read:
"The exemption allowed by this item also extends to persons who have been classified as permanently and totally disabled by a state or federal agency charged by law with making such determinations, upon providing a copy of this official determination to the department in the form the department requires."
C. This section takes effect January 1, 1996./
Amend title to conform.
Senator THOMAS explained the amendment.
On motion of Senator THOMAS, the Bill was carried over.
Senator WILLIAMS asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet for local and uncontested matters at 11:00 A.M. on Friday, May 26, 1995, and that when the Senate adjourns on Friday, it stand adjourned to meet at 2:30 P.M. on Monday, May 29, 1995.
Senator LEVENTIS objected.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 3, proposed by Senators PASSAILAIGUE, McCONNELL and ROSE (3901R003.ELP) and previously printed in the Journal of Wednesday, May 24, 1995.
Senator WILLIAMS moved to carry over the Bill.
Senator LEVENTIS objected.
The question then was the motion to carry over the Bill.
The Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator WILLIAMS moved that, when the Senate adjourns today, it stand adjourned to meet for local and uncontested matters at 11:00 A.M. on Friday, May 26, 1995, and that, when the Senate adjourns on Friday, it stand adjourned to meet at 2:30 P.M. on Monday, May 29, 1995.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Saleeby Setzler Short Smith, G. Stilwell Waldrep Washington Williams
NAYS
Cork Leventis Thomas Wilson
The motion was adopted.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
At 2:45 P.M., Senator LEVENTIS requested a leave of absence for Monday, May 29, 1995.
Senator DRUMMOND, Chairman of the Senate Finance Committee, was recognized to give a report regarding the work of the Committee of Conference.
Senator DRUMMOND moved that it be the unanimous Sense of the Senate that the version of H. 3362, the General Appropriation Bill, as passed by the Senate as to the funding of raises for state employees be the position to be represented by the Senate conferees.
There was no objection.
Having received a favorable report from the Bamberg County Delegation, the following appointment was confirmed in open session:
Reappointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Danny J. Singleton, Route 1, Box 20, Ehrhardt, S.C. 29081
Having received a favorable report from the Berkeley County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
At-Large:
Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436 VICE Harold President
Mr. Charles E. Schuster, 27 North Basilica Avenue, Hanahan, S.C. 29406 VICE Ruby S. Mitchell (deceased)
Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406
Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 2946l
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449 VICE George W. Tumbleston, Jr. (retired)
Having received a favorable report from the Newberry County Delegation, the following appointments were confirmed in open session:
Reappointments, Newberry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Emily E. Clements, 752 Highway 202, Little Mountain, S.C. 29075
The Honorable Barry S. Koon, 3239 Louis Rich Road, Newberry, S.C. 29108
Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:
Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Harry M. Tokunaga, 224 Carlyle Circle, Columbia, S.C. 29206
The Honorable Samuel Peay, 4919 Rhett Avenue, Columbia, S.C. 29203
The Honorable Willie H. Womble, Jr., 6706 Formosa Drive, Columbia, S.C. 29206
The Honorable Walter Jones, 2200 Chappelle Street, Columbia, S.C. 29203
The Honorable Milford D. Burriss, 343 Eastover Road, Eastover, S.C. 29044
Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:
Reappointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Earl H. Hyder, 749 Hawkins Road, Union, S.C. 29379
Having received a favorable report from the Union County Delegation, on motion of Senator PEELER, the following appointment was confirmed in open session:
Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin July 1, 1995:
Mr. Charles Wilson Blackwell, Post Office Box 33, Jonesville, S.C. 29353-0033 VICE Catherine H. Smith (retired)
Having received a favorable report from the Richland County Delegation, on motion of Senator PATTERSON, the following appointment was confirmed in open session:
Reappointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Melvin W. Maurer, 1223 St. Andrews Road, Columbia, S.C. 29210
Senator WILLIAMS moved that, when the Senate adjourns on Friday, May 26, 1995, it stand adjourned to meet next Monday, May 29, 1995, at 2:30 P.M., which motion was adopted.
At 3:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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