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Printed Page 170, Jan. 17
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| To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the Resolution, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short
Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Resolution was adopted, as amended, and ordered returned to the House of Representatives with amendments.
Having received a favorable report from the Fairfield County Delegation, the following appointment was confirmed in open session:
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Marion C. Smith, 308 Carlisle Avenue, Winnsboro, S.C. 29180 VICE Marion C. Smith (resigned)
Having received a favorable report from the Hampton County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Hampton County Magistrate, with term to commence August 22, 1995, and to expire April 30, 1998:
Mr. Phillip Youmans, Jr., Post Office Box 472, Hampton, S.C. 29488 VICE Virgin Johnson, Sr. (resigned)
Having received a favorable report from the Newberry County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to commence July 1, 1995:
The Honorable Charles M. Rushton, 2316 Harper Street, Newberry, S.C. 29108 VICE James Oscar Zobel (retired)
Initial Appointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. James F. Wells, 1950 Eastover Drive, Rock Hill, S.C. 29732 VICE W. Thomas Massey (resigned)
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. June Lathrop of Kingstree, S.C.
At 1:13 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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, we remember today the life and legacy of Robert E. Lee. Hear the words of Psalm 123 (v. 2):
"Behold, as the eyes of servants
look to the hand of their master,...
So our eyes look to the Lord our God,
until He has mercy upon us."
Let us pray.
Dear Lord, some tell us that we have lost our heroes! God, forbid!
We thank You for the memory that holds open the door through which we see the brave figure of Robert E. Lee.
Though personally opposed to slavery and secession, in his heart he could not, though it was offered to him, lead an army to destroy his own people.
Though he fought with courage, he endured defeat with dignity... and spent the last years of his life educating the youth of our nation.
We are thankful that his memory is respected by his enemies... and loved by his friends.
Hear our prayer today, O Lord, as we salute our flag, that we may remain forever "ONE NATION UNDER GOD!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator WILSON introduced Dr. John Ravita of Columbia, S.C., Doctor of the Day.
On motion of Senator MOORE, at 11:00 A.M., Senator LAND was granted a leave of absence for today.
On motion of Senator J. VERNE SMITH, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
Senator SHORT rose to a Point of Personal Privilege.
Senator JACKSON rose to a Point of Personal Privilege.
Senator FAIR rose to a Point of Personal Privilege.
S. 1014 -- Senators McConnell, Passailaigue, Courson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
Senator RICHTER asked unanimous consent to make a motion that his name be added as a co-sponsor of the Bill.
There was no objection.
The following were introduced:
S. 1030 -- Senator Giese: A BILL TO AMEND SECTION 20-7-2170 AND SECTION 20-7-2195, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS, SO AS TO DELETE PROVISIONS REQUIRING A JUVENILE SEVENTEEN YEARS OF AGE IN CUSTODY FOR AN ADJUDICATION FOR A VIOLENT OFFENSE OR FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE TO BE TRANSFERRED TO THE
Read the first time and referred to the Committee on Corrections and Penology.
S. 1031 -- Senator Wilson: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.
Read the first time and referred to the Committee on Education.
S. 1032 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
Read the first time and referred to the Committee on Finance.
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRE-TRIAL DIVERSION OPTION BY A
Read the first time and referred to the Committee on Judiciary.
S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 25-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE; TO AMEND SECTION 46-3-40 OF THE 1976 CODE, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE COMMISSIONER OF AGRICULTURE BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE; AND TO AMEND SECTIONS 59-3-10 AND 59-3-20 OF THE 1976 CODE, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE
Read the first time and referred to the Committee on Judiciary.
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
S. 1036 -- Senator Leventis: A BILL TO AMEND SECTION 16-17-490 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONTRIBUTING TO THE DELINQUENCY OF A MINOR, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN THREE THOUSAND DOLLARS
Read the first time and referred to the Committee on Judiciary.
S. 1037 -- Senator Leventis: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
Read the first time and referred to the Committee on Judiciary.
S. 1038 -- Senators Richter, Gregory, Thomas, Rose, Ryberg, Mescher, Martin, Wilson, Boan, Courtney, Peeler, Alexander, Waldrep and Setzler: A BILL TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ADJOURN SINE DIE EACH YEAR NOT LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY AND TO REQUIRE THE ANNUAL GENERAL APPROPRIATION BILL TO BE GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES NO LATER THAN THE LAST DAY OF FEBRUARY.
Read the first time and referred to the Committee on Judiciary.
S. 1039 -- Senator Bryan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, THE SUPERINTENDENT OF EDUCATION, AND THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THE ADJUTANT GENERAL AND COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THESE OFFICES MUST BE APPOINTED BY THE
Read the first time and referred to the Committee on Judiciary.
S. 1040 -- Senators Wilson, McConnell, Mescher, Passailaigue, Rose and Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION OR REFERENDUM AND PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION,
Read the first time and referred to the Committee on Judiciary.
Printed Page 170, Jan. 17
| Printed Page 190, Jan. 18
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