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. Paul submits a sort of agenda for the Philippians which has come down to us as something of a Journal. We read in Chapter 4 (8:8-9): (NRSV)
"Finally, beloved, whatever is true,
Whatever is honorable,
Whatever is just,
Whatever is pure,
Whatever is pleasing,
Whatever is commendable,
If there is any excellence and if
there is anything worthy of praise,
Think about these things."
Let us pray.
Dear Lord, indeed, we do not know what a day will bring forth, of change or chaos, of joy or gloom, but we do know that the day will bring light and strength from You to live it through with honor. And so
"Lord, for tomorrow and its needs
We do not pray...
Let us be kind in word and deed,
Father, just for today."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 1840
Promulgated by Commission on Higher Education
Student and Institution Assistance
Received by Lt. Governor September 28, 1995
Referred to Senate Committee on Education
120 day review expiration date May 8, 1996
Document No. 1876
Promulgated by South Carolina Law Enforcement Division
Sex Offender Registry
Received by Lt. Governor October 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date May 8, 1996
Document No. 1878
Promulgated by Department of Transportation
Spacing Limitations for Outdoor Advertising Signs
Received by Lt. Governor August 15, 1995
Referred to Senate Committee on Transportation
120 day review expiration date May 8, 1996
Document No. 1879
Promulgated by Department of Natural Resources
Alligators - Nongame Wildlife
Received by Lt. Governor January 3, 1996
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 8, 1996
Document No. 1883
Promulgated by Department of Health and Environmental Control
Underground Storage Tank Control Regulations
Received by Lt. Governor August 24, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 8, 1996
Document No. 1892
Promulgated by Budget and Control Board
The repeal of R.19-440 Installment Purchase Program
Received by Lt. Governor January 4, 1996
Referred to Senate Committee on Finance
120 day review expiration date May 8, 1996
Document No. 1894
Promulgated by Department of Health and Environmental Control
Repeal of Certain Environmental Quality Control Regulations
Received by Lt. Governor December 5, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 8, 1996
Document No. 1897
Promulgated by Department of Transportation
Bus Shelters
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Transportation
120 day review expiration date May 10, 1996
Document No. 1904
Promulgated by Department of Archives and History
General Records Retention Schedule for Data Processing and Other Electronic Records
Received by Lt. Governor January 9, 1996
Referred to Senate General Committee
120 day review expiration date May 9, 1996
Document No. 1905
Promulgated by Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Education
120 day review expiration date May 10, 1996
On motion of Senator WILSON, at 11:00 A.M., Senator RUSSELL was granted a leave of absence for today.
Senator McCONNELL rose to a Point of Personal Interest.
Senator LAND rose to a Point of Personal Interest.
Senator COURSON asked unanimous consent to make a motion to move from Seat No. 17 to Seat No. 39.
There was no objection.
Seat 17 (vacant)
Seat 39 Senator Courson
The following were introduced:
S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 1029 -- Senator Leventis: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 4438 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION CONGRATULATING A. CARROLL BARKER, POLICE CHIEF OF THE CITY OF CLINTON, ON HIS ELECTION AS POTENTATE OF HEJAZ SHRINE TEMPLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4439 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Sharpe, Harrison, Townsend and Cato: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 1996, AT THE KOGER CENTER FOR THE ARTS.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 24, 1996, at the Koger Center for The Arts.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable Daniel A. Ludwig of the great state of Minnesota, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 20, 1996.
Referred to the Committee on Invitations.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
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.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator JACKSON from the Committee on Judiciary submitted a favorable report on:
S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.
Ordered for consideration tomorrow.
Senator JACKSON from the Committee on Judiciary submitted a favorable report on:
S. 919 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO PROVIDE THAT THE REFERENDUM REQUIRED IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985, SHALL NOT BE HELD IN A COUNTY WHICH HAS ENACTED AN ORDINANCE SUSPENDING OPERATION OF THE BLUE LAWS PRIOR TO QUALIFYING FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
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.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 2 -- Senators Passailaigue, McConnell, Ford, Land, Mitchell, Waldrep and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED FOR THE PURPOSE OF PROVIDING POST SECONDARY EDUCATIONAL SCHOLARSHIPS TO ELIGIBLE STUDENTS AND REDUCING OR ELIMINATING THE AD VALOREM TAX MILLAGE LEVIED ON A LEGAL RESIDENCE FOR THE OPERATING BUDGET OF EACH SCHOOL DISTRICT.
Senator PASSAILAIGUE moved that the Joint Resolution be made a Special Order.
Senator PASSAILAIGUE explained the Joint Resolution.
Senator J. VERNE SMITH moved to table the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Drummond Fair Giese Gregory Hayes Holland Leatherman Leventis Martin McGill Moore Reese Ryberg Setzler Short Smith, G. Smith, J.V. Thomas
Cork Courson Ford Glover Jackson Land Lander Matthews McConnell Mescher O'Dell Passailaigue Patterson Peeler Rankin Richter Rose Saleeby Waldrep Washington Wilson
The motion to make the Joint Resolution a Special Order was laid on the table.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator CORK argued contra to the adoption of the Resolution.
Senators WILSON, BRYAN and ROSE argued in favor of the adoption of the Resolution.
Senator DRUMMOND spoke on the Resolution.
Senator WASHINGTON argued contra to the adoption of the Resolution.
Senator HOLLAND spoke on the Resolution.
Senator PASSAILAIGUE argued contra to the adoption of the Resolution.
Senator MARTIN argued in favor of the adoption of the Resolution.
Senators CORK and WASHINGTON moved to recommit the Concurrent Resolution to the Committee on Judiciary.
A roll call vote was ordered.
Senator RYBERG moved to table the motion to recommit.
Senator MOORE raised a Point of Order that the motion to table was out of order inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Ford Glover Holland Jackson Land Leventis McGill Moore Passailaigue Patterson Rankin Reese Saleeby Short Smith, G. Washington
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Martin McConnell Mescher O'Dell Peeler Richter Rose Ryberg Setzler Smith, J.V. Thomas Waldrep Wilson
The motion to recommit failed.
Senator LEVENTIS moved that all amendments to the Resolution be adopted.
Senator LEATHERMAN objected.
The Judiciary Committee proposed the following amendment (JUD3225.004), which was adopted:
Amend the resolution, as and if amended, page 1, line 20, by inserting therein the following:
/Whereas, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and/.
Amend the resolution further, as and if amended, page 1, by striking lines 28 and 29 in their entirety and inserting therein the following:
/Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly of the State of South Carolina without any response or result from Congress, the President, or other agencies or officials of the federal government; and
Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and/.
Amend the resolution further, as and if amended, page 2, by striking lines 1 through 7 and inserting therein the following:
/That: (1) The General Assembly of the State of South Carolina, by this resolution, hereby claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
(2) All government agencies, quasi-government agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, or all government agencies and their agents/.
Amend the resolution, as and if amended, page 2, beginning on line 10, by striking lines 10 through 14 and inserting therein the following:
/confines of the original intent of the Constitution for the United States./
Amend title to conform.
Senator MARTIN asked unanimous consent to make a motion that the committee amendment be adopted.
Senator MOORE objected and insisted the amendment be published.
The amendment was adopted.
The question then was the adoption of the Resolution, as amended.
Senator CORK argued contra to the adoption of the Resolution.
Senator CORK moved to table the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Ford Glover Holland Jackson Land Leventis McGill Moore Patterson Rankin Reese Saleeby Short Smith, G. Washington
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Martin McConnell Mescher O'Dell Passailaigue Peeler Richter Rose Ryberg Setzler Smith, J.V. Thomas Waldrep Wilson
The Senate refused to table the Resolution and the motion failed.
Senator BRYAN proposed the following Amendment No. 1 (3225R001.JEB), which was adopted:
Amend the resolution, as and if amended, by striking items designated as paragraphs "(2) and (3)" and inserting the following:
/(2) Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:
"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;
To borrow Money on the Credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;
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)
Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
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.
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