Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3590, June 12 | Printed Page 3610, June 12 |

Printed Page 3600 . . . . . Wednesday, June 12, 1996

On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 4825 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators MOORE, RANKIN and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

REPORT OF THE COMMITTEE OF CONFERENCE ADOPTED

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE


Printed Page 3601 . . . . . Wednesday, June 12, 1996

REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Senator PEELER requested to be recognized to take up for immediate consideration the Report of the Committee of Conference.

Point of Order

Senator BRYAN raised a Point of Order that the motion to take up Reports of Committees of Conference was out of order under the provisions of Rule 38 inasmuch as the report should lie on the table one day for consideration.

Senator PEELER spoke on the Point of Order.

Senator MATTHEWS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that the provisions of H. 5041, the Sine Die Resolution, which provide for the "receipt, consideration, and disposition of conference or free conference reports," superseded the provisions of Rule 38.

Senator PEELER explained the Report of the Committee of Conference.

Senator PEELER moved that the Report of the Committee of Conference be adopted.

Senator BRYAN argued contra to the adoption of the Report of the Committee of Conference.

ACTING PRESIDENT PRESIDES

At 11:50 A.M., Senator MARTIN assumed the Chair.

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.

PRESIDENT PRESIDES

At 12:10 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.

Privilege of the Floor

Senator RUSSELL asked unanimous consent to make a motion that the Honorable David M. Beasley be granted the Privilege of the Floor.

There was no objection.


Printed Page 3602 . . . . . Wednesday, June 12, 1996

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.

Objection

At 1:02 P.M., Senator PATTERSON asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand in recess until 2:30 P.M.

Senator PEELER objected.

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.

ACTING PRESIDENT PRESIDES

At 1:17 P.M., Senator MARTIN assumed the Chair.

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.

Point of Quorum

At 1:37 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courtney             Elliott
Fair                 Ford                 Giese
Gregory              Hayes                Hutto
Jackson              Land                 Lander
Leatherman           Leventis             Martin
McConnell            Mescher              Moore
O'Dell               Passailaigue         Patterson
Peeler               Rankin               Reese
Richter              Rose                 Ryberg
Setzler              Short                Smith, G.
Smith, J.V.          Thomas               Waldrep
Washington           Wilson               
A quorum being present, the Senate resumed.


Printed Page 3603 . . . . . Wednesday, June 12, 1996

Presence Recorded

Senator GLOVER recorded her presence subsequent to the Call of the Senate.

Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.

Senator PATTERSON argued contra to the adoption of the Report of the Committee of Conference.

PRESIDENT PRESIDES

At 2:28 P.M., the PRESIDENT assumed the Chair.

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.

Point of Quorum

At 2:30 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Elliott              Fair                 Ford
Giese                Glover               Hutto
Jackson              Land                 Lander
Leatherman           Leventis             Martin
McConnell            McGill               Mescher
Moore                O'Dell               Passailaigue
Patterson            Peeler               Reese
Richter              Rose                 Russell
Ryberg               Saleeby              Setzler
Short                Smith, G.            Smith, J.V.
Thomas               Waldrep              Washington
Wilson               
A quorum being present, the Senate resumed.
Printed Page 3604 . . . . . Wednesday, June 12, 1996

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.

Objection

Senator REESE asked unanimous consent to make a motion to take up a local appointment for immediate consideration.

Senator PEELER objected.

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.

Rule 3b Invoked

At 3:06 P.M., Senator PEELER moved to invoke Rule 3b to send for the absent members.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 13

AYES
Alexander           Boan                Courson
Courtney            Fair                Giese
Hayes               Lander              Leatherman
Leventis            Martin              McConnell
Mescher             Peeler              Richter
Rose                Ryberg              Setzler
Short               Thomas              Waldrep
Wilson              
TOTAL--22

NAYS
Bryan                Cork                 Elliott
Ford                 Glover               Hutto
Jackson              Land                 Patterson
Reese                Saleeby              Smith, G.
Washington           
TOTAL--13

At 3:10 P.M., Rule 3b was invoked.


Printed Page 3605 . . . . . Wednesday, June 12, 1996

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.

Motion Under Rule 15A Failed

At 3:36 P.M., Senator PEELER moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3730.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 19

AYES
Courson             Courtney            Fair
Giese               Hayes               Lander
Leatherman          Leventis            Martin
McGill              Mescher             O'Dell
Peeler              Rose                Russell
Ryberg              Setzler             Short
Thomas              Waldrep             Wilson
TOTAL--21

NAYS
Alexander            Boan                 Bryan
Cork                 Elliott              Ford
Hutto                Jackson              Land
McConnell            Moore                Passailaigue
Patterson            Rankin               Reese
Richter              Saleeby              Smith, G.
Washington           
TOTAL--19

Having failed to receive the necessary vote, the motion failed.

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.


Printed Page 3606 . . . . . Wednesday, June 12, 1996

ACTING PRESIDENT PRESIDES

At 3:45 P.M., Senator COURTNEY assumed the Chair.

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.

CONCURRENCE

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

With Senator PATTERSON retaining the floor, Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, 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.

Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.

Senator LAND was recognized.


Printed Page 3607 . . . . . Wednesday, June 12, 1996

H. 3845--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.

On motion of Senator SALEEBY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration, with Senator LAND retaining the floor.

Senator SALEEBY spoke on the report.

On motion of Senator SALEEBY, the Report of the Committee of Conference to H. 3845 was adopted as follows:

H. 3845--Conference Report

The General Assembly, Columbia, S.C., June 12, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:


Printed Page 3608 . . . . . Wednesday, June 12, 1996

"Section 14-7-130. In November September of 1996 of and every third year thereafter in this same month, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December October of 1996 of and every third year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation Public Safety and State Election Commission in implementing this section must be borne by these agencies.

In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Edward E. Saleeby .......... /s/John W. Tucker, Jr.
/s/Thomas L. Moore .......... /s/James L. Mann "Bubba" Cromer, Jr.
/s/Holly A. Cork .......... James S. Klauber

On Part of the Senate. .......... On Part of the House.

, and a message was sent to the House accordingly.


Printed Page 3609 . . . . . Wednesday, June 12, 1996

Senator LAND argued contra to the adoption of the Report of the Committee of Conference on H. 3730.

Point of Quorum

At 4:25 P.M., Senator WASHINGTON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LAND moved that the Senate stand adjourned.

A roll call vote was requested.

Having failed to receive the necessary seconds, the Senate proceeded to a voice vote on the motion to adjourn.

Senator LEVENTIS requested a roll call vote.

Point of Order

Senator LAND raised a Point of Order that the request was out of order inasmuch as a roll call vote had been requested and the ACTING PRESIDENT had stated that five members had not seconded the call.

The ACTING PRESIDENT stated that five members had not seconded the call.

The question then was the motion to adjourn.

The Senate refused to adjourn.

Senator LAND argued contra to the adoption of the Report of the Committee of Conference.

PRESIDENT PRESIDES

At 4:50 P.M., the PRESIDENT assumed the Chair.

Senator LAND argued contra to the adoption of the Report of the Committee of Conference.

Objection

With Senator LAND retaining the floor, Senator SETZLER asked unanimous consent to make a motion to take up the Report of the Committee of Conference on S. 1117 for immediate consideration.

Senator PEELER objected.


| Printed Page 3590, June 12 | Printed Page 3610, June 12 |

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