Printed Page 2450, May 8
| Printed Page 2470, May 8
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Printed Page 2450, May 8
| Printed Page 2470, May 8
| H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4994 favorable:
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue McGill
NOT VOTING Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Dairy Association, Inc. to attend an Ice Cream Under The Veranda in the courtyard between the Blatt and Gressette Buildings on State House grounds on Wednesday, May 15, 1996, from 10:00 A.M. until 3:00 P.M.
Courson Peeler Wilson Patterson O'Dell Passailaigue McGill
NOT VOTING Matthews Russell Rose
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
The House returned the Bill with amendments.
On motion of Senator SHORT, 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. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 1390 -- Senator Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
(By prior motion of Senator BRYAN)
S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED, AND TO MAKE THE SECTION
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY
Senator THOMAS 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 adoption of the amendment proposed by the Committee on Judiciary.
Senators HOLLAND and MOORE proposed the following amendment (JUD4694.002), which was adopted:
Amend the committee report, as and if amended, page [4694-8], beginning on line 6, in Section 58-9-576, as contained in SECTION 3, by striking Section 58-9-576(A) in its entirety and inserting therein the following:
/Section 58-9-576. (A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the
Amend title to conform.
Senator MOORE explained the amendment.
Senators THOMAS and LEVENTIS proposed the following amendment (4694R002.DLT), which was tabled:
Amend the committee amendment, as and if amended, page 4694-6, line 19, by striking the first sentence of subsection (G).
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator MOORE spoke contra to the Bill.
Senator MOORE moved to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Drummond Giese Hayes Holland Hutto Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Rankin Reese Rose Russell Saleeby Setzler Smith, J.V. Wilson
Cork Courson Ford Leventis Patterson Peeler
Richter Ryberg Smith, G. Thomas Washington
The amendment was tabled.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS objected to further consideration of the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4853 -- Rep. Wilkes: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
On motion of Senator SHORT, with unanimous consent, H. 4853 was ordered to receive a third reading on Thursday, May 9, 1996.
H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
On motion of Senator SETZLER, with unanimous consent, Senators SETZLER, CORK and WASHINGTON were granted leave to attend a subcommittee meeting and be counted in any quorum calls.
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.
Senator PASSAILAIGUE spoke on the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 5A (4138R028.ELP):
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/A. The State Election Commission shall conduct a state-wide referendum on November 5, 1996, on the question of eliminating ad valorem taxes on owner-occupied residential real property. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service and do you favor authorizing the General Assembly to enact necessary and appropriate legislation to implement the property tax exemption and
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