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

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each also must comply with certain laws that apply to all political sub-divisions and to certain laws that the General Assembly may from time to time impose on individual political sub-divisions. In most of these cases, special laws provided for by the General Assembly of South Carolina for this state's various political sub-divisions are requested by the political sub-divisions themselves. Suffice it to say that for our Opinion political sub-divisions are, indeed, separate units of government.

With this definition firmly in place by law and court cases too numerous to list here, we shall move on to the question posed for the Committee.

Part of the intent of the General Assembly when debating and passing The Ethics, Government Accountability, and Campaign Reform Act of 1991, with Amendments Effective January 12, 1995 was, indeed, to halt various relationships between government officials and their businesses or professional firms and the political sub-divisions that they were elected or appointed to govern according to the laws of this state. The intent of the General Assembly was not to hinder the authority in voting on issues that effect the people who elect their various representatives unless a specific vote deals with a provision that would, indeed, have a direct impact on a Member's business or professional firm as outlined in Sections 8-13-700 or 8-13-745.

We offer the following examples:

Example One

A Member's business sells items to an agency of The State of South Carolina. Parts of the General Appropriation Bill deal with the funding for the agency to which the Member's business sells. The Member should recuse himself from voting on that section of the General Appropriation Bill and report the same to the President of the Senate through a statement. The Member should request the Clerk of The Senate to cause the statement be printed in The Journal of The Senate of South Carolina for that legislative day.

Example Two

A Member's professional firm represents a political sub-division of this state in various matters. A Bill that is being debated directs all such political sub-divisions in this state to carry out such duties as prescribed in the language of the Bill. The Member would not be responsible for recusing himself from any deliberation or votes on the Bill since it is statewide in scope.

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Example Three

A Member's business sells items to a political sub-division of this state. A local Bill is being debated that would give the political sub-division the authority to extend it's bonded indebtedness, enabling the political sub-division to purchase a greater quantity of the items that the Member's business sells. The Member should recuse himself from voting on that local Bill and report the same to the President of the Senate through a statement. The Member should request the Clerk of The Senate to cause the statement to be printed in The Journal of The Senate of South Carolina for that legislative day.

A conflict does not exist when a Bill before the Senate is of a statewide nature and impacts all political sub-divisions in a like manner. Further, a Member would not have to recuse himself from voting on legislation dealing with a specific political sub-division if it does not directly impact on the dealings of a Member's business or professional firm with a political sub-division.

If a Member, or those with whom he is associated, will benefit directly from legislation before the body, he would be considered to have a conflict of interest and should recuse himself from voting on that Bill and report the same to the President of the Senate through a statement. The Member should request the Clerk of The Senate to cause the statement to be printed in The Journal of The Senate of South Carolina for that legislative day. The Committee offers the following sample statement:

"Statement by Senator ____________

I certify that I took no action in the matter of ___________________________ which would preclude my business or professional firm from selling to or representing a particular agency of The State of South Carolina, or a political sub-division of this state."

The ethics laws of our state were not designed to prevent Members from conducting their chosen business or profession. We will not hinder the ability of Members of The Senate of South Carolina to carry out their constitutional duties. The people of the various Senate Districts choose from their population one person to represent them on matters coming before this body. The people's right of representation on all matters should not be abated. The Members have a constitutional right to deliberate, make improvements through amendments, and vote on matters before the Senate. Unless a direct conflict of interest arises, we urge all

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Members of The Senate of South Carolina to carry out their constitutional duties of office and to not refrain from the full representation of their constituents.

This Opinion, would be considered appropriate for all matters that may come before the Senate, it's Committees, or county delegations.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator GREG SMITH introduced Dr. Susan Baker of Charleston, S.C., Doctor of the Day.

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1186 -- Senators Leventis, Holland and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

Read the first time and referred to the Committee on Education.

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH

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NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

Read the first time and referred to the Committee on Finance.

S. 1188 -- Senators Holland, Moore, Elliott, Passailaigue, Setzler, Drummond and Mescher: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM AS A MEMBER OF THE SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED; TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL BY RULE PROVIDE THAT DURING THE TIME PERIOD BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY UNTIL THE SECOND TUESDAY IN FEBRUARY OF EACH YEAR, THE CONSIDERATION OF BILLS SHALL BE LIMITED TO STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE ENTIRE BODY AND NON-STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE AFFECTED DELEGATION; TO REQUIRE THAT THE RULES SHALL PROVIDE THAT UNTIL THE SECOND TUESDAY IN FEBRUARY, EACH BODY SHALL HAVE NOT LESS THAN THREE STATEWIDE SESSION DAYS EACH WEEK, FOR THE PASSAGE OF CONSENT LEGISLATION, UNTIL THE RESPECTIVE HOUSES RESUME THE CONSIDERATION OF ALL LEGISLATION AS PROVIDED IN THE RULES OF THE BODY; AND TO FURTHER PROVIDE THAT NOT MORE THAN THREE WEEKS FOLLOWING THE CERTIFICATION OF THE GENERAL ELECTION OF MEMBERS, THE SPEAKER OF THE HOUSE OF

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REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL CONVENE THEIR RESPECTIVE BODIES FOR NOT MORE THAN THREE DAYS FOR THE PURPOSE OF THE SELECTION OF COMMITTEES, THE ELECTION OF OFFICERS, AND SUCH OTHER BUSINESS AS MAY BE NECESSARY FOR THE ORGANIZATION OF THE RESPECTIVE HOUSES; TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTIONS 15A AND 15B, SO AS TO REQUIRE THE HOUSE AND SENATE TO GIVE CONCURRENT CONSIDERATION TO THE ANNUAL GENERAL APPROPRIATION BILL AND TO PROVIDE THAT AN APPROPRIATION BILL ENACTED UNDER THESE PROVISIONS WILL MEET THE CONSTITUTIONAL REQUIREMENT OF ARTICLE III, SECTION 18, PERTAINING TO THE READING OF BILLS AND JOINT RESOLUTIONS ON THREE SEPARATE DAYS IN EACH HOUSE; TO ARTICLE III, SECTION 20 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT FOR ELECTIONS VOTED ON BY THE GENERAL ASSEMBLY IN JOINT SESSION, NO CANDIDATE MAY BE ELECTED UNLESS APPROVED BY A MAJORITY VOTE OF THE SENATE AND A MAJORITY VOTE OF THE HOUSE; AND TO AMEND ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15, SO AS TO PERMIT THE ENACTMENT OF LAWS BY INITIATIVE PETITION.

Senator HOLLAND spoke on the Bill.

Objection

Senator PASSAILAIGUE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference and then be committed to the Committee on Judiciary, retaining its place on the Calendar.

Senator McCONNELL objected.

Senator WILSON spoke on the Bill.

Senator DRUMMOND spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 1189 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-15 SO AS TO PROVIDE THAT THE SOUTH CAROLINA SUPREME

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COURT SHALL PROMULGATE RULES ESTABLISHING TIME LIMITS FOR THE COMPLETION OF CERTAIN CRIMINAL PRETRIAL, TRIAL, AND APPELLATE PROCEDURES, INSTANCES FOR WHICH A CONTINUANCE MAY BE GRANTED IN CIRCUIT COURT; AND BY ADDING SECTION 17-1-17 SO AS TO PROVIDE CIVIL PENALTIES TO BE LEVIED UPON OFFICERS OF THE COURT THAT VIOLATE THE PROVISIONS OF SECTION 17-1-15.

Read the first time and referred to the Committee on Judiciary.

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.

Senator PASSAILAIGUE spoke on the Joint Resolution.

Read the first time and ordered placed on the Calendar without reference.

S. 1191 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY OF MR. N. F. MANLY, JR., FORMER MAYOR OF NORTH AUGUSTA, UPON HIS DEATH.

The Senate Resolution was adopted.

S. 1192 -- Senators Hayes, Peeler, Gregory and Short: A SENATE RESOLUTION COMMENDING DR. JERRY H. PADGETT, THE RETIRING DEAN OF THE SCHOOL OF BUSINESS ADMINISTRATION AT WINTHROP UNIVERSITY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO WINTHROP, YORK COUNTY, AND THE STATE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1193 -- Senator Jackson: A CONCURRENT RESOLUTION TO URGE THE AMERICAN BAR ASSOCIATION TO GIVE ITS

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FAVORABLE CONSIDERATION FOR THE THURGOOD MARSHALL AWARD TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, JUDGE MATTHEW J. PERRY.

The Concurrent Resolution was adopted, ordered sent to the House.

REPORT OF STANDING COMMITTEE

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

PRESIDENT PRESIDES

At 11:32 A.M., the PRESIDENT assumed the Chair.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

(By prior motion of Senator MOORE, with unanimous consent)

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H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.

(By prior motion of Senator HOLLAND)

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING,

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HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.

(By prior motion of Senator McCONNELL, with unanimous consent)

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.

S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

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42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

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.

Senators PASSAILAIGUE and WILSON spoke on the Bill.

SECOND READING BILL

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

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.

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