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 of St. Paul to the Corinthians, Chapter 12 (v.8)(NRSV):
"Three times I appealed to the Lord about
this thorn in the flesh... this messenger
of Satan... tormenting me. But he said
to me, 'My grace is sufficient for you,
for power is made perfect in weakness'."
Let us pray.
Father, we do not read, either in the Old Testament or the New, where we are promised an easy life. But over and over we read about "cross-bearing"... "self-control"... and those other words "My grace is sufficient for you."
So, we do not pray, today, that You will take away our problems, but that You will make us equal to the strain of our tasks.
When we are right, and doubts assail us, help us to hear the words "My grace... stand firm."
When worry grips us and paralyzes our reason, or when problems get in the way of faith and trust, may we remember the words "My grace... carry on... power is made perfect in weakness."
Amen.
Senator LEATHERMAN 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 Holland Jackson Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 20, 1996
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
Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, S.C. 29464
Senator SETZLER introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.
At 11:40 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:55 A.M.
There was no objection and a message was sent to the House accordingly.
Senator RANKIN rose to a Point of Personal Privilege.
The following were introduced:
S. 1194 -- Senator Reese: A BILL TO AMEND SECTION 38-71-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, DISCONTINUANCE, AND REPLACEMENT, SO AS TO PROVIDE THAT RENEWAL FOR GROUP HEALTH INSURANCE POLICIES SHALL OCCUR SIXTY DAYS BEFORE THE RENEWAL EFFECTIVE DATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Senator SETZLER asked unanimous consent to make a motion to make the Bill a Special Order.
Senator PASSAILAIGUE objected.
Read the first time and ordered placed on the Calendar without reference.
S. 1196 -- Senator Setzler: A BILL TO AMEND SECTION 59-6-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION, SO AS TO ADD THE CHAIRMAN OF THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE CHAIRMAN OF THE SENATE EDUCATION COMMITTEE, OR THEIR DESIGNEES, AS MEMBERS OF THE PARTNERSHIP.
Read the first time and referred to the Committee on Education.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.
Read the first time and referred to the Committee on Judiciary.
S. 1199 -- Senator Wilson: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS THAT ARE NOT EMPLOYED BY A PUBLIC DEFENDER CORPORATION ARE NOT REQUIRED TO RESIDE IN THE COUNTIES IN WHICH THEY SERVE.
Read the first time and referred to the Committee on Judiciary.
S. 1200 -- Senators Boan, Greg Smith, Martin, Rankin, McConnell, Rose, Fair, Washington, Peeler, Ford, Bryan, O'Dell, Glover and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-703, SO AS TO PROVIDE THAT AN INDIVIDUAL EMPLOYED BY THE STATE, ITS AGENCIES, OR ANY OF ITS AFFILIATES WHO HAS DIRECTLY PARTICIPATED IN THE NEGOTIATION, SALE, OR APPROVAL OF STATE ASSETS IS PROHIBITED FROM PERSONALLY BENEFITING FROM SUCH TRANSACTION OR ACCEPTING A POSITION WITH THE ENTITY OR ENTITIES WHO PURCHASED OR LEASED SUCH STATE ASSETS.
Read the first time and referred to the Committee on Judiciary.
S. 1201 -- Senator Martin: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "RESIDENTIAL PROPERTY DISCLOSURE ACT OF 1996."
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1202 -- Senators J. Verne Smith, Drummond, Land, Martin, Leventis, Reese, Ryberg, Greg Smith and Fair: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
Senator WASHINGTON spoke on the Joint Resolution.
Read the first time and ordered placed on the Calendar without reference.
S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1205 -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE AMY HIGHTOWER OF BAMBERG-ERHARDT HIGH SCHOOL UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD.
The Senate Resolution was adopted.
S. 1206 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MR. ERNEST HENDERSON, SR., TRAINING INSTRUCTOR FOR THE TUSKEGEE AIRMEN.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Ordered for consideration tomorrow.
S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
The House returned the Bill with amendments.
On motion of Senator GREG SMITH, 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. 1193 -- Senator Jackson: A CONCURRENT RESOLUTION TO URGE THE AMERICAN BAR ASSOCIATION TO GIVE ITS FAVORABLE CONSIDERATION FOR THE THURGOOD MARSHALL AWARD TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, JUDGE MATTHEW J. PERRY.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 29, 1996, at 11:55 A.M. and the following Acts were ratified:
(R258) S. 560 -- Senator Alexander: AN ACT TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
(R260) S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: AN ACT 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 AND TO PROVIDE THAT THE GEOGRAPHICAL COORDINATES OF THE HUNLEY'S LOCATION ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
(R261) H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-57 SO AS TO REQUIRE A POST-PODIATRIC MEDICAL FORMAL PRECEPTORSHIP OR RESIDENCY PROGRAM AND TO AUTHORIZE ISSUANCE OF LIMITED LICENSES WHILE IN SUCH PROGRAM; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO PROVIDE FOR THE ELECTION OF PODIATRIC NOMINEES TO THE BOARD FROM DISTRICTS CREATED IN THE STATE AND TO PROVIDE ELECTION PROCEDURES; TO AMEND SECTION 40-51-40, RELATING TO THE BOARD'S AUTHORITY TO PROMULGATE REGULATIONS, SO AS TO INCLUDE REGULATIONS ESTABLISHING CONTINUING EDUCATION REQUIREMENTS; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATION OF APPLICANTS FOR LICENSURE, SO AS TO EXPAND THE TYPE OF EXAMINATIONS THAT THE BOARD MAY ADMINISTER AND REQUIRE EXAMINATIONS TO BE OFFERED TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCAL LICENSURE AND LICENSURE BY ENDORSEMENT, SO AS TO DELETE PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE PROVISIONS REQUIRING RECORDING OF A LICENSE WITHIN THE COUNTY CLERK OF COURT; TO AMEND SECTION 40-51-140, RELATING TO LICENSE RENEWAL FEES, SO AS TO REQUIRE THE BOARD TO ESTABLISH THIS FEE IN REGULATIONS AND TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL AND PENALTIES FOR FAILURE TO COMPLY; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY PROCEDURES AND GROUNDS FOR DISCIPLINE, SO AS TO REVISE THE THRESHOLD FOR INITIATING THESE PROCEDURES AND UNDER CERTAIN CIRCUMSTANCES TO REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO AUTHORIZE THE BOARD TO OBTAIN RECORDS; TO AMEND SECTION 44-7-70, RELATING TO HEALTH CARE FACILITIES REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF ACTIONS TAKEN AGAINST A PHYSICIAN'S PRACTICE PRIVILEGES, SO AS TO ALSO REQUIRE SUCH REPORTING ON PODIATRISTS TO THE BOARD OF PODIATRY EXAMINERS; AND TO REPEAL SECTION 40-51-90, RELATING TO PASSING SCORES ON PODIATRY EXAMINATIONS.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution 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. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, 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.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 917 -- Senators Wilson, Lander, Hayes, Reese, Elliott, Alexander and Setzler: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.
S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.
Senator BRYAN 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 third reading of the Bill.
Senator BRYAN proposed the following amendment (1094R001.JEB), which was adopted:
Amend the bill, as and if amended, page 1, by adding the following beginning on line 20:
"Section 7-7-360. (A) In Laurens County there are the following precincts: Ward 1; Ward 2; Ward 3; Ward 4; Ward 5; Ward 6; Bailey; Trinity Ridge; Wattsville; Barksdale-Narnie; Madden; Clinton No. 1; Clinton No. 2; Joanna; Lydia Mill; Mountville; Jones Store; Owings; Gray Court; Woodville; Cooks Store; Youngs; Long Branch; Cross Hill; Waterloo; Ekom; Mount Olive; Hickory Tavern; Princeton; Brewerton; Clinton Mill; Ora-Lanford; Martins Store-Poplar Springs.
(B) Except as otherwise provided below, the The precinct lines defining the above precincts in subsection (A) are as shown on the official map dated January 31, 1991, designated as P-5996 and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
The precinct lines defining Wards 1 through 6 are as shown on the official map dated February 26, 1990, prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board which the division shall provide certified copies of to the State Election Commission and the Laurens County Board of Voter Registration."/
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator PASSAILAIGUE spoke on the Resolution.
Senator LEATHERMAN objected to further consideration of the Resolution.
H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.
On motion of Senator ALEXANDER, the Bill was carried over.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.
On motion of Senator PEELER, the Bill was carried over.
H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time and ordered place on the third reading Calendar.
On motion of Senator HOLLAND, with unanimous consent, H. 3339 was ordered to receive a third reading on Friday, March 1, 1996.
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. 15C (3901R033.ELP) proposed by Senators PASSAILAIGUE, DRUMMOND, FORD, GIESE, GLOVER, GREGORY, HOLLAND, JACKSON, LAND, LEVENTIS, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, RANKIN, REESE, ROSE and WASHINGTON and previously printed in the Journal of Wednesday, February 28, 1996.
Senator LEATHERMAN argued contra to the adoption of the amendment.
Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL 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 Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Russell Ryberg Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators PATTERSON, REESE and ROSE recorded their presence subsequent to the Call of the Senate.
Senator LEATHERMAN argued contra to the adoption of the amendment.
At 12:35 P.M., Senator COURSON asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned.
Senator MOORE objected.
Senator LEATHERMAN argued contra to the adoption of the amendment.
At 1:05 P.M., Senator COURSON asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned.
Senator McCONNELL objected.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:10 P.M., Senator PEELER asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand in recess until 3:00 P.M.
Senator PATTERSON objected.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:12 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.
Senator McCONNELL objected.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:15 P.M., Senator HAYES requested a leave of absence for the balance of the day.
Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:43 P.M., Senator PATTERSON assumed the Chair.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:45 P.M., Senator MESCHER requested a leave of absence to attend a meeting.
With Senator LEATHERMAN retaining the floor, Senator MOORE rose to a Point of Personal Interest and announced that the Special Three-Judge Panel in the matter of Smith v. Beasley had issued an Order denying the Plaintiff's motion for a preliminary injunction to delay filing in primaries for the 1996 election cycle.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:47 P.M., Senator J. VERNE SMITH requested a leave of absence for the balance of the day.
At 1:48 P.M., Senator LANDER asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned, and requested a roll call vote.
Senator WASHINGTON objected.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 1:50 P.M., the PRESIDENT assumed the Chair.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
At 2:17 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business for thirty minutes.
Senator LEATHERMAN objected.
At 2:19 P.M., Senator BRYAN asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned and requested a roll call vote.
Senator PATTERSON objected.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Jackson Leatherman Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Setzler Short Smith, G. Wilson
A quorum being present, the Senate resumed.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
Senator LEATHERMAN moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Jackson Land Leatherman Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Setzler Short Smith, G. Wilson
The Senate refused to adjourn.
Senator MOORE moved to lay Amendment No. 15C on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cork Elliott Martin
Boan Bryan Courson Courtney Fair Ford Giese Glover Gregory Jackson Land Leatherman Matthews McConnell McGill Mescher* Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Setzler Smith, G. Washington* Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Elliott Fair Ford Giese Glover Gregory Jackson Land Leatherman Matthews McConnell McGill Mescher* Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Setzler Short Smith, G. Washington Wilson
Bryan Cork Drummond Martin Ryberg
*This Senator was 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 amendment was adopted.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, S.C. 29464
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of a very courageous young South Carolinian, Master Ryan Crout of Gilbert, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, March 1, 1996, it stand adjourned to meet next Tuesday, March 5, 1996, at 12:00 Noon, which motion was adopted.
At 2:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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