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, hear words recorded in the Third Letter of John (v. 4) (NRSV):
"Beloved, ... I have no greater joy than
this, to hear that my children are
walking in the truth."
Let us pray.
O God, our Father, we give thanks to You for the spirit of brotherhood and comradeship which is the climate within which we do our work together.
Help us to be:
Cheerful when things go wrong!
Persevering when things are difficult!
Serene when things are irritating!
Helpful whenever possible!
Amen!
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Passailaigue Peeler Rankin Richter Rose Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senators O'DELL, WALDREP, HOLLAND, REESE, GREG SMITH, PATTERSON and LEVENTIS recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 7, 1996
Honorable Jim Miles
Secretary of State
State of South Carolina
Columbia, S.C. 29201
Dear Mr. Miles:
I, David M. Beasley, Governor of South Carolina, have this day appointed, Member, Board of Financial Institutions, with term to expire June 30, 1996:
Respectfully,
David M. Beasley
Initial Appointment, Board of Financial Institutions, with term to expire June 30, 1996:
Credit Union League:
Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201 VICE James L. Faile (retired)
Senate Confirmation: Required at this legislative session
Referred to Committee on Banking and Insurance.
Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.
On motion of Senator LAND, at 12:25 P.M., Senator MOORE was granted a leave of absence for today.
H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.
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.
The following were introduced:
S. 1156 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-70-70 SO AS TO REQUIRE IN THE PERFORMANCE OF UTILIZATION REVIEW, BEFORE ANY HEALTH CARE RESOURCE OR SERVICE IS DENIED, THAT A PHYSICIAN LICENSED IN SOUTH CAROLINA AND PRACTICING IN THE SAME SPECIALTY AREA AS THE PATIENT'S OR INSURED'S TREATING HEALTH CARE PROVIDER REVIEWS THE PATIENT FILE AND AGREES WITH THE DENIAL AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION FOR DOING BUSINESS IN THIS STATE OR FOR BEING CERTIFIED UNDER CHAPTER 70 OF TITLE 38.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1157 -- Senator Gregory: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. Read the first time and referred to the Committee on Education.
S. 1158 -- Senator Elliott: A BILL TO AMEND SECTION 12-28-2720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PROVIDE FOR THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND AND TO DEDICATE THE ADDITIONAL ONE CENT TO NEW ROAD AND HIGHWAY CONSTRUCTION.
Read the first time and referred to the Committee on Finance.
S. 1159 -- Senator Rose: A BILL TO AMEND SECTION 61-9-410 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS PROHIBITED ON THE LICENSED PREMISES OF A PERSON LICENSED TO SELL BEER OR WINE, SO AS TO PROHIBIT THE SALE OF BEER OR WINE THAT IS COLD OR THAT HAS BEEN CHILLED, COOLED, OR REFRIGERATED AND TO DEFINE THE PHRASE "BEER OR WINE THAT IS COLD OR THAT HAS BEEN CHILLED, COOLED, OR REFRIGERATED" TO MEAN BEER OR WINE THAT HAS BEEN STORED OR DISPLAYED FOR SALE AT A TEMPERATURE BELOW THE ORDINARY ROOM TEMPERATURE OF THE AREA OF THE PREMISES WHERE THE BEER OR WINE IS DISPLAYED FOR SALE.
Read the first time and referred to the Committee on Judiciary.
S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.
Read the first time and referred to the Committee on Judiciary.
S. 1161 -- Senator Thomas: A BILL TO AMEND SECTION 58-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "PUBLIC UTILITY", SO AS TO PROVIDE THAT A CORPORATION OR PERSON FURNISHING STEAM FOR PURPOSES OTHER THAN RESIDENTIAL HOME HEATING SHALL NOT BE CONSIDERED A PUBLIC UTILITY BY VIRTUE OF FURNISHING THE STEAM.
Read the first time and referred to the Committee on Judiciary.
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
Read the first time and referred to the Committee on Transportation.
S. 1163 -- Senators Drummond, J. Verne Smith, Courson, Patterson, Mescher and Giese: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING SESSIONS, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Read the first time and ordered placed on the Calendar without reference.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Read the first time and ordered placed on the Calendar without reference.
S. 1165 -- Senators McConnell, Washington and Ford: A CONCURRENT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE SHALL, AFTER THEIR RESPECTIVE REVIEWS OF THE PROPOSED SALE OR LEASE BETWEEN MUSC AND COLUMBIA/HCA, FORWARD THEIR RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE SALE OR LEASE OF MUSC ASSETS TO COLUMBIA/HCA SHALL NOT OCCUR UNLESS THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION APPROVES THE SALE OR LEASE.
Whereas, the Medical University of South Carolina has taken preliminary steps to enter into a sale or lease of some of its assets to Columbia/HCA; and
Whereas, the value of these state assets exceeds ten million dollars; and
Whereas, the sale or lease requires the approval of the State Budget and Control Board and the Joint Bond Review Committee; and
Whereas, a transaction of this magnitude involving state assets should not be consummated without the express approval of the General Assembly. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the State Budget and Control Board and the Joint Bond Review Committee shall, after their respective reviews of the proposed sale or lease between MUSC and Columbia/HCA, forward their recommendations to the General Assembly and the sale or lease of MUSC facilities to Columbia/HCA shall not occur unless the General Assembly by concurrent resolution approves the sale or lease of these assets.
Be it further resolved that a copy of this resolution be forwarded to the members of the Board of Trustees of the Medical University of South Carolina, the members of the State Budget and Control Board, and the members of the Joint Bond Review Committee.
Referred to the Committee on Finance.
H. 4640 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SPRING VALLEY HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4641 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SUMMIT PARKWAY MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4643 -- Reps. Harvin, T. Brown, Breeland, Cave, Neal, White, Byrd, McMahand, J. Brown, M. Hines, Anderson, Lloyd, Williams, Kinon, Lee, Cato, L. Whipper, Moody-Lawrence and Cobb-Hunter: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. SUSIE MAE WHACK KENNEDY, THE MOTHER OF OUR DEAR FRIEND AND ESTEEMED COLLEAGUE, THE HONORABLE KENNETH KENNEDY OF WILLIAMSBURG COUNTY, AND EXTENDING DEEPEST SYMPATHY TO MRS. KENNEDY'S ENTIRE FAMILY AND HER MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4644 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JULIAN L. HARBIN OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4645 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES BRYANT FLOYD OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4611 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator ROSE from the Committee on Judiciary submitted a favorable report on:
S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
S. 1155 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MS. KELLY MCCALLA OF GREENWOOD COUNTY FOR BEING NAMED THE 1997 SOUTH CAROLINA TEACHER OF THE YEAR.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator PASSAILAIGUE)
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.
On motion of Senator SHORT, H. 4506 was ordered to receive a third reading on Thursday, February 22, 1996.
H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.
On motion of Senator ELLIOTT, H. 4535 was ordered to receive a third reading on Thursday, February 22, 1996.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
Senator LANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator LANDER, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
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 BRYAN, the Bill was carried over.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Senator SETZLER spoke on the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (1117R002.ELP), which was tabled:
Amend the bill, as and if amended, page 2, lines 9 through 12, by striking the words / However, after all construction and renovation needs identified in a district's school facilities improvement plan have been met, the district may request to use its allocation for payment of debt service. /
Amend title to conform.
Senator BRYAN argued contra to the adoption of the amendment.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH argued contra to the adoption of the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Giese Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill Mescher Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
Cork Ford Gregory McConnell O'Dell Passailaigue Rose
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 3 (1117R003.ELP), which was adopted:
Amend the bill, as and if amended, page 4, lines 23 through 43, by striking Section 59-144-110 in its entirety.
Amend the bill further, as and if amended, page 6, line 29, by striking /and the advisory committee/.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (1117R004.ELP), which was adopted:
Amend the bill, as and if amended, page 7, by striking lines 11 through 18, Section 59-144-160 in its entirety.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 5 (S-EDUC\1117.1), which was adopted:
Amend the bill, as and if amended, by inserting on page 2, line 34 after /with their facilities needs, the authority/ the following:
/, after receiving the approval of the Joint Bond Review Committee,/.
Amend the bill further, as and if amended, by inserting on page 2, line 41 after /Assistance Endowment Fund. However, the authority/ the following:
/, after consultation with the Joint Bond Review Committee,/.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 6 (S-EDUC\1117.2), which was adopted:
Amend the bill, as and if amended, on page 7, line 6 by striking:
/conditions and qualifications provided for in this chapter/ and inserting:
/provisions of this chapter and any regulations promulgated hereunder/.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7A (1117R005.ELP), which was adopted:
Amend the bill, as and if amended, on page 2, line 21, by adding:
/As used in this chapter, fixed equipment means a fixture as defined in Section 36-9-313(1)(a)./.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 8 (1117R008.JEB), which was adopted:
Amend the bill, as and if amended, page 11, line 21, by striking / thirty / and inserting:
/ seven /.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the second reading of the Bill, with notice of general amendments on third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill Mescher Moore* Patterson* Rankin Reese Saleeby Setzler Short Smith, G. Waldrep Washington Wilson
Boan Cork Fair Gregory McConnell O'Dell Passailaigue Peeler Richter Rose Russell Ryberg Smith, J.V. Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
We voted "no" on the second reading of S. 1117 because it establishes a mechanism for the partial funding of over $2 billion in projected needs for school facilities which is fundamentally contrary to sound fiscal policy and longstanding principle applied to the funding of capital projects. To fund 25% of the state's capital needs for school facilities with a fee based revenue source which is not stable and which will exist for no more than seven (7) years, is not prudent from a fiscal management or a state policy standpoint.
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lowell Spires, Sr. of Cayce, S.C.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
Senator McCONNELL desired to be recorded as voting against the motion to adjourn.
This web page was last updated on Monday, June 29, 2009 at 1:57 P.M.