Printed Page 3110, May 23
| Printed Page 3130, May 23
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Printed Page 3110, May 23
| Printed Page 3130, May 23
| Senator HAYES made a Parliamentary Inquiry as to whether or not the motion to recur to the Morning Hour was a higher motion than the motion to dispense.
The PRESIDENT stated that the motion to dispense was a higher motion.
Senator HAYES moved to table the motion to dispense.
The motion to dispense was laid on the table.
Senator HAYES moved to recur to the Morning Hour.
Senator McCONNELL raised a Point of Order that under the provisions of Rule 34A the motion to recur to the Morning Hour was out of order inasmuch as it should be made either prior to, or at the completion of, a specific category and cannot be made while in the Motion Period.
Senators FAIR and MARTIN spoke on the Point of Order.
Senator McCONNELL withdrew the Point of Order.
Senator McCONNELL moved to table the motion to recur to the Morning Hour.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Cork Courtney Drummond Elliott Ford Glover Holland Hutto Land Lander Leatherman Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Reese Rose Russell Saleeby Setzler Smith, J.V. Washington
Bryan Fair Gregory Hayes Leventis Mescher Peeler Richter Ryberg Thomas Waldrep Wilson
The motion to recur to the Morning Hour was laid on the table.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES was recognized.
Senator McCONNELL raised a Point of Order that under the provisions of a motion adopted on March 20, 1996, the motion to reconsider the motion whereby S. 1142 was made a Special Order was the pending question.
Senators WILSON and McCONNELL spoke on the Point of Order.
The PRESIDENT stated that Senator McCONNELL was correct in that the motion made and adopted on March 20, 1996, waived the time limit provisions of Rule 12 for the purpose of making a motion to reconsider; however, the motion was not made and could now only be made with
Senator HAYES argued in favor of the second reading of the Bill.
With Senator HAYES retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator HAYES retaining the floor.
At 1:00 P.M., Senators ROSE, MESCHER, SALEEBY and WALDREP requested a leave of absence beginning at 2:30 P.M., for the balance of the day.
At 1:02 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:32 P.M. and was called to order by the PRESIDENT.
With Senator HAYES retaining the floor, at 2:33 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:45 P.M.
At 2:43 P.M., the Senate resumed.
With Senator HAYES retaining the floor, at 2:44 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed ten minutes.
At 3:00 P.M., the Senate resumed.
At 3:06 P.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 3:30 P.M.
There was no objection and a message was sent to the House accordingly.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE
On motion of Senator McCONNELL, the Bill was taken up for immediate consideration.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Report of the Committee of Free Conference was adopted.
The motion to reconsider was adopted.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Free Conference Powers were granted.
The motion to reconsider was adopted.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Senators McCONNELL, MOORE and COURSON were appointed to the Committee of Free Conference.
The motion to reconsider was adopted.
On motion of Senator McCONNELL, the Bill was carried over.
ADOPTION OF FREE CONFERENCE REPORT RECONSIDERED
GRANTING OF FREE CONFERENCE POWERS RECONSIDERED
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
On motion of Senator McCONNELL, the Joint Resolution was taken up for immediate consideration.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Report of the Committee of Free Conference was adopted.
The motion to reconsider was adopted.
The motion to reconsider was adopted.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Senators McCONNELL, MOORE and COURSON were appointed to the Committee of Free Conference.
The motion to reconsider was adopted.
The question then was the adoption of the Report of the Committee of Conference.
On motion of Senator McCONNELL, the Joint Resolution was carried over.
On motion of Senator MOORE, with unanimous consent, the Senate agreed to recur to the Morning Hour.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 15, 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, Berkeley County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436
Received as information.
Columbia, S.C., May 23, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.363, S. 972 by a vote of 3 to 0:
(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.317, S. 1273 by a vote of 4 to 0:
(R317) S. 1273 -- 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Kirsh, Young-Brickell and Whatley of the Committee of Conference on the part of the House on:
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE
Received as information.
Columbia, S.C., May 22, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Carnell, Hallman and White of the Committee of Free Conference on the part of the House on:
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
Speaker of the House
Columbia, S.C., May 22, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 23, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 23, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND
Very respectfully,
Speaker of the House
Received as information.
Printed Page 3110, May 23
| Printed Page 3130, May 23
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