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, we read from the First Book of Samuel, Chapter 7 (v. 12):
"Then Samuel took a stone and set it up between Mizpah and Shen.
He named it Ebenezer, saying: 'THUS FAR HAS THE LORD HELPED US.'
Let us pray.
Lord, God of the Ages, and our God, we remember with gratitude that it was in springtime, in the year of Our Lord, sixteen hundred and seventy, that the first settlers set foot on the land by the Atlantic Ocean and the Ashley River and established Old Charles Towne.
You have led us, the Holy City and our beloved South Carolina through the intervening years, in victories and defeats, good times and hard times, storms, panics and prosperity.
But, Lord, we lay hold of yesterday only long enough to give thanks, learn our lessons and let go! History is past! Today is now! Tomorrow is before us!
Help us to make the most of God's gift today, knowing that South Carolina needs us... and calls us. Our children and grandchildren are depending on us.
Lead on, O King Eternal!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1996, and to expire July 1, 2000:
6th Congressional District:
Daniel Malloy McEachin, Jr., 4118 Claussen Road, Claussen, S.C. 29505 VICE Edwin L. Oxner (resigned)
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1998, and to expire October 18, 2002:
At-Large:
Ann Sherwood Timberlake, 105 South Gregg Street, Columbia, S.C. 29205 VICE Laurene W. Davis
Referred to the General Committee.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:
At-Large:
Leon H. Ginsberg, 318 Leaning Tree Road, Columbia, S.C. 29223-3011 VICE Kristin S. Maguire
Referred to the General Committee.
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Aiken County:
Fred E. Humes, Economic Development Partnership, P. O. Box 1708, Aiken, S.C. 29802
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Jeff P. Spears, NationsBank, P.O. Box 416, Aiken, S.C. 29802
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Allendale County:
H. Carl Gooding, P.O. Box 4, Allendale, S.C. 29810
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Allendale County:
Henry C. Scott, Collum's Lumber Mill, Inc., 106 Barnwell Rd., Allendale, S.C. 29810
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Barnwell County:
Clarence L. Wright, 1235 Jackson St., Barnwell, S.C. 29812
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Barnwell County:
Jaqueline P. Ramsey, 233 Goss Lane, Barnwell, S.C. 29812
Reappointment, Saluda County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
D. Bruce Horne, P. O. Box 703, Saluda, S.C. 29138
Reappointment, Saluda County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Joyce B. Shults, 120 South Main St., Saluda, S.C. 29138
Senator PASSAILAIGUE introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.
At 11:10 A.M., Senator HUTTO requested a leave of absence beginning at 3:00 P.M. and lasting until 10:00 A.M. on Thursday, May 13, 1999.
At 2:30 P.M., Senator RYBERG requested a leave of absence beginning at 3:45 P.M. and lasting until 10:00 A.M. on Thursday, May 13, 1999.
At 3:45 P.M., Senator LEATHERMAN requested a leave of absence until 5:00 P.M.
On motion of Senator COURTNEY, at 3:45 P.M., Senator SHORT was granted a leave of absence for the balance of the day and also for Thursday, May 13, 1999.
At 4:45 P.M., Senator WASHINGTON requested a leave of absence for the balance of the day.
Pursuant to the provisions of S. 759 proposed by the Senate Invitations Committee, the Privilege of the Chamber was extended to the Honorable Peter Beattie, the Premier of the Australian State of Queensland and his party, Dr. Glyn Davis, Director-General, Department of the Premier and Cabinet; Mr. Ross Rolfe, Director-General, Department of State Development and Department of Trade; Mr. Graeme Roberts-Thomson, Director of Protocol, Queensland Government; Mr. John Kenny, Queensland Commissioner, Los Angeles; and Mr. Rob Whiddon, Chief of Staff, Premier's Office.
Pursuant to the provisions of S. 759, the Privilege of the Floor was also extended to the Honorable Peter Beattie for the purpose of addressing the Senate and receiving a copy of the Resolution.
The PRESIDENT Pro Tempore introduced Premier Beattie.
Premier Beattie addressed the Senate with brief remarks.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3118 (Word version) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.
Senator COURSON asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3888 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
Senator SETZLER 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.
Senator SETZLER asked unanimous consent to commit the Bill to the Committee on Finance.
There was no objection.
The Bill was recalled and ordered committed to the Committee on Finance.
The following were introduced:
S. 808 (Word version) -- Senators Fair, J. Verne Smith, Thomas, Anderson and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE JEFFREY SCOTT HOPKINS OF GREENVILLE UPON HIS SELECTION AS THE SOUTH CAROLINA GOVERNOR'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES 1999 STUDENT OF THE YEAR.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 809 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 6-1-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED USES OF REVENUES FROM THE LOCAL ACCOMMODATIONS TAX, AND TO AMEND SECTION 6-1-730, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.
Read the first time and referred to the Committee on Finance.
S. 810 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO DELETE SPECIFIC DELINEATIONS OF THE BOUNDARIES OF THESE VOTING PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO REDESIGNATE AN ADDITIONAL PRECINCT AS RIDGELAND 3, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY WITH THE APPROVAL OF A MAJORITY OF THE JASPER COUNTY LEGISLATIVE DELEGATION.
Read the first time and referred to the Committee on Judiciary.
S. 811 (Word version) -- Senators Rankin, Elliott and McGill: A BILL TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.
Read the first time and referred to the Horry County Delegation.
S. 812 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO COMMEND ROWLAND P. ALSTON, JR., OF SUMTER FOR MANY YEARS OF DEDICATED AND DISTINGUISHED SERVICE TO AGRICULTURE IN SOUTH CAROLINA AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING NAMED THE PROGRESSIVE FARMER MAGAZINE'S MAN OF THE YEAR IN SERVICE TO SOUTH CAROLINA AGRICULTURE FOR 1999.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 813 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO COMMEND AND THANK MR. WILLIE B. OWENS FOR HIS DEDICATED SERVICE UPON HIS RETIREMENT AS A MEMBER OF THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE BOARD OF COMMISSION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 814 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.
Read the first time and, on motion of Senator HAYES, with unanimous consent, ordered placed on the Calendar without reference.
S. 815 (Word version) -- Senators McConnell and Washington: A SENATE RESOLUTION TO CONGRATULATE COLONEL GRANGE SIMONS COFFIN FOR HIS MANY YEARS OF SERVICE AND DEDICATION AND TO HONOR HIM ON THE OCCASION OF HIS 70TH BIRTHDAY.
The Senate Resolution was adopted.
H. 4079 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION CONGRATULATING SONOCO PRODUCTS COMPANY OF HARTSVILLE, IN DARLINGTON COUNTY, ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF THE FOUNDING OF THE COMPANY AND EXPRESSING TO ITS FOUNDING FAMILY, MANAGERS, AND EMPLOYEES THE APPRECIATION OF ALL SOUTH CAROLINIANS TO THIS GLOBAL PACKAGING COMPANY FOUNDED AND BASED IN HARTSVILLE FOR THE IMMEASURABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THE ECONOMY OF THIS STATE AND ON BEHALF OF ALL SOUTH CAROLINIANS WISHING CONTINUED SUCCESS FOR THIS PIONEER COMPANY THAT HAS DONE SO MUCH FOR THIS STATE AND ITS PEOPLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4080 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 297 (Word version) -- Senators Wilson, Elliott and Ryberg: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY POSSESS AN OPEN CONTAINER IN CERTAIN PORTIONS OF A MOVING LIMOUSINE OR CHARTERED BUS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator McCONNELL a minority unfavorable report on:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
H. 3337 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3338 (Word version) -- Reps. Harrison and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONCEALING A CHILD WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER, WHO HAS PROBABLE CAUSE TO BELIEVE A CHILD IS BEING CONCEALED FROM HIS LEGAL CUSTODIAN AND WHO IS ATTEMPTING TO RETURN THE CHILD TO HIS LEGAL CUSTODIAN, MAY ENTER A DWELLING, BUILDING, OTHER STRUCTURE, OR VEHICLE AND USE REASONABLE MEANS TO RECOVER AND RETURN THE CHILD TO HIS LEGAL CUSTODIAN.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Ordered for consideration tomorrow.
Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Columbia, S.C., May 11, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3696 -- Ways and Means Committee: (GENERAL APPROPRIATIONS BILL)
asks for a Committee of Conference, and has appointed Reps. Allison, H. Brown and Harrell of the committee on the part of the House.
Very respectfully,
Speaker of the House
H. 3696 -- Ways and Means Committee: (GENERAL APPROPRIATIONS BILL)
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, McCONNELL and SETZLER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 11, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
asks for a Committee of Conference, and has appointed Reps. Allison, H. Brown and Harrell of the committee on the part of the House.
Very respectfully,
Speaker of the House
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, McCONNELL and SETZLER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 728 (Word version) -- Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
The House returned the Bill with amendments.
On motion of Senators HUTTO and GIESE, 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. 801 (WORD VERSION) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
Returned with concurrence.
Received as information.
S. 803 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION COMMENDING MS. SHELLY HANNON OF GREENVILLE COUNTY ON HER PERFECT CAREER ACADEMIC ATTENDANCE RECORD, AND CONGRATULATING HER UPON HER GRADUATION FROM CLEMSON UNIVERSITY.
Returned with concurrence.
Received as information.
S. 804 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LACEY LONG FOR BEING SOUTH CAROLINA'S REPRESENTATIVE FOR THE ELEVENTH ANNUAL RESPECTEEN NATIONAL YOUTH FORUM HELD IN WASHINGTON, D.C.
Returned with concurrence.
Received as information.
S. 805 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE MISS ELIZABETH ELLISON OF PICKENS COUNTY FOR HER DEDICATION TO THE EDUCATION OF OUR YOUNG PEOPLE AND HER CONTRIBUTIONS TO THE PRESERVATION OF OUR NATURAL AND CULTURAL RESOURCES, AND TO DEDICATE THE CHEROKEE FOOTHILLS VISITORS CENTER IN HER HONOR.
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 having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3643 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator ALEXANDER spoke on the Bill.
H. 3783 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.
H. 3909 (Word version) -- Reps. Lucas and Neilson: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 116 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210, AS AMENDED, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.
S. 671 (Word version) -- Senator Peeler: A JOINT RESOLUTION TO APPROVE THE MISSION STATEMENT OF THE DEPARTMENT OF NATURAL RESOURCES SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 1-30-10 OF THE 1976 CODE.
S. 702 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-440 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITON ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
S. 238 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER NEAR A RESIDENCE, SO AS TO ALSO PROHIBIT HUNTING WITHIN THREE HUNDRED YARDS OF A SCHOOL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (238R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 25 and inserting in lieu thereof the following:
/ the owner and occupant or within three hundred yards of property owned by a school district or private school while being used for school sanctioned activities. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (KGH\15688HTC99), which was adopted:
Amend the bill, as and if amended, in Section 12-54-75(A) as contained in SECTION 1, page 1, line 27, before /debit/ by inserting /credit cards/.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LEVENTIS proposed the following amendment (PSD\7490AC99), which was adopted:
Amend the bill, as and if amended, Section 11-27-110(B), page 1, line 33, after / financing agreement, / by inserting / a loan agreement for energy conservation measures as provided for in Section 48-52-650,/
Amend the bill further, Section 11-17-110(C), page 2, line 7, after / financing agreement, / by inserting / a loan agreement for energy conservation measures as provided for in Section 48-52-650, or /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 3106 (Word version) -- Rep. Harris: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.
On motion of Senator HOLLAND, H. 3106 was ordered to receive a third reading on Thursday, May 13, 1999.
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 450 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER, AND TO AMEND SECTION 50-13-1192, RELATING TO NONGAME FISHING DEVICES, SO AS TO RESTRICT FROM TWO TO ONE THOUSAND THE NUMBER OF TROTLINE HOOKS THAT MAY BE USED WITH A COMMERCIAL FISHING LICENSE AND TO REQUIRE THAT THESE HOOKS BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH CYLINDER WITH AN INSIDE DIAMETER OF ONE-HALF INCH.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (450R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 41, by striking the words / two one / and inserting in lieu thereof:
/ two /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (3960R002.HSP), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/ SECTION 1. Section 50-13-1187 of the 1976 Code, as last amended by Act 314 of 1998, is further amended to read:
"Section 50-13-1187. (A) Except as provided in subsection (B), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:
(1) soap;
(2) dough balls;
(3) cut fish which must be nongame fish cut into at least three equal parts;
(4) shrimp;
(5) meat scraps which may not include insects, worms, or other invertebrates;
(6) grapes.
(B) Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.
(C) Live non-game fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.
(D) Any person violating the provisions of this subsection section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
Senator COURTNEY objected.
S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.
The Concurrent Resolution was adopted, ordered sent to the House.
The following were carried over:
H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.
H. 3493 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1999.
On motion of Senator MOORE, with unanimous consent, the Resolution was carried over.
H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.
On motion of Senator MOORE, with unanimous consent, the Resolution was carried over.
At 11:59 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 760 (Word version) -- Senators Wilson, Glover, Giese and Bryan: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Visitors of The Citadel, At-Large position.
Representative Phillips, Chairman of the Committee to Screen Candidates to the Boards of Trustees of Colleges and Universities, announced that Col. John A. McAllister, Jr., Mr. Julian G. Frasier, III and Mr. Robert M. Sutton had been screened and found qualified to serve.
On motion of Representative Phillips, the name of Mr. Julian G. Frasier, III was placed in nomination.
On motion of Representative Phillips, the names of Col. John A. McAllister, Jr. and Mr. Robert M. Sutton were withdrawn from consideration.
On motion of Representative Phillips, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Julian G. Frasier, III was elected to the Board of Visitors for The Citadel, At-Large position, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 1st District, Seat #1.
Representative Phillips announced that Mr. Clark B. Parker, Ms. Gloria A. Bonali, Mr. Ronald R. Norton and Mr. George D. Anderson had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Mr. Clark B. Parker and Mr. George D. Anderson were placed in nomination.
On motion of Representative Phillips, the names of Ms. Gloria A. Bonali and Mr. Ronald R. Norton were withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Parker:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Giese Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Anderson:
Ford Ryberg
On motion of Representative Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Parker:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McKay McLeod, M. McLeod W. McMahand Meacham Neal Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Mr. Anderson:
Total number of Senators voting 44
Total number of Representatives voting 108
Grand Total 152
Necessary to a choice 77
Of which Mr. Parker received 150
Of which Mr. Anderson received 2
Whereupon, the PRESIDENT announced that Mr. Clark B. Parker was elected to the Board of Trustees for Coastal Carolina University, 1st District, Seat #1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 2nd District, Seat #3.
Representative Phillips announced that Mr. Oran P. Smith had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Oran P. Smith in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Oran P. Smith was elected to the Board of Trustees for Coastal Carolina University, 2nd District, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 3rd District, Seat #5.
Representative Phillips announced that Mr. Payne H. Barnette, Jr. had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Payne H. Barnette, Jr. in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Payne H. Barnette, Jr. was elected to the Board of Trustees for Coastal Carolina University, 3rd District, Seat #5, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 4th District, Seat #7.
Representative Phillips announced that Ms. Elaine W. Marks had been screened and found qualified to serve.
Representative Phillips placed the name of Ms. Elaine W. Marks in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ms. Elaine W. Marks was elected to the Board of Trustees for Coastal Carolina University, 4th District, Seat #7, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 5th District, Seat #9.
Representative Phillips announced that Ms. Juli Streater Powers had been screened and found qualified to serve.
Representative Phillips placed the name of Ms. Juli Streater Powers in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ms. Juli Streater Powers was elected to the Board of Trustees for Coastal Carolina University, 5th District, Seat #9, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, 6th District, Seat #11.
Representative Phillips announced that Mr. Fred F. DuBard, Jr. had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Fred F. DuBard in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Fred F. DuBard, Jr. was elected to the Board of Trustees for Coastal Carolina University, 6th District, Seat #11, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, At-Large position, Seat #13.
Representative Phillips announced that Mr. H. Franklin Burroughs and Ms. Etrulia P. Dozier had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Mr. H. Franklin Burroughs and Ms. Etrulia P. Dozier were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Burroughs:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The following named Senators voted for Ms. Dozier:
On motion of Representative Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Burroughs:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Mack Martin Mason McCraw McGee McLeod, M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Ms. Dozier:
Brown, T. Govan Hines, M. Lloyd
Total number of Senators voting 44
Total number of Representatives voting 112
Grand Total 156
Necessary to a choice 79
Of which Mr. Burroughs received 152
Of which Ms. Dozier received 4
Whereupon, the PRESIDENT announced that Mr. H. Franklin Burroughs was elected to the Board of Trustees, Coastal Carolina University, At-Large position, Seat #13, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Coastal Carolina University, At-Large position, Seat #15.
Representative Phillips announced that Mrs. Lee Mason had been screened and found qualified to serve.
Representative Phillips placed the name of Mrs. Lee Mason in nomination.
The question then was "Shall Mrs. Lee Mason be elected to a position on the Board of Trustees of Coastal Carolina University, At-Large position, Seat #15?
Senator RANKIN spoke on the motion.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Alexander Anderson Bauer
Branton Bryan Cork
Courson Courtney Drummond
Elliott Fair Giese
Grooms Hayes Holland
Hutto Land Leatherman
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Ravenel
Reese Russell Saleeby
Setzler Short Smith, J. Verne
Thomas Waldrep Washington
Wilson
On motion of Representative Edge, a roll call vote was demanded and taken as follows:
The following named Representatives voted in the affirmative:
Brown, T. Cobb-Hunter Howard Keegan Mack Miller Neal Scott
The following named Representatives voted in the negative:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Brown, G. Brown, H. Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Edge Emory Gamble Gilham Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Inabinett Jennings Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mason McCraw McGee McKay McLeod, M. McLeod W. McMahand Meacham Moody-Lawrence Neal, J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
The candidate did not receive the requisite votes and, therefore, there was no election.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Lander University, 1st District, Seat #2.
Representative Phillips announced that Mrs. Robin R. Agnew had been screened and found qualified to serve.
Representative Phillips placed the name of Mrs. Robin R. Agnew in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mrs. Robin R. Agnew was elected to the Board of Trustees for Lander University, 1st District, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of South Carolina State University, 1st District, Seat #1.
Representative Phillips announced that Mr. Arnold Collins had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Arnold Collins in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Arnold Collins was elected to the Board of Trustees for South Carolina State University, 1st District, Seat #1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of South Carolina State University, 2nd District, Seat #2.
Representative Phillips announced that Mr. Samuel Glover had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Samuel Glover in nomination.
Representative Phillips moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Samuel Glover was elected to the Board of Trustees for South Carolina State University, 2nd District, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of South Carolina State University, 4th District, Seat #4.
Representative Phillips announced that Dr. James L. Bullard and Mr. John A. McCarroll had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Dr. James L. Bullard and Mr. John A. McCarroll were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Dr. Bullard:
Anderson Bauer Branton Bryan Cork Courson Drummond Fair Giese Grooms Hayes Jackson Leatherman Martin McConnell Mescher O'Dell Peeler Rankin Ravenel Reese Ryberg Saleeby Thomas Waldrep Wilson
The following named Senators voted for Mr. McCarroll:
Alexander Courtney Elliott Holland Hutto Land Leventis Matthews McGill Moore Patterson Russell Setzler Short Smith, J. Verne Washington
On motion of Representative Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Dr. Bullard:
Bales Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cato Chellis Clyburn Cooper Dantzler Davenport Emory Gamble Gilham Govan Harrell Harris Harrison Hawkins Hines, M. Howard Keegan Lanford Law Lee Lourie Lucas Martin McCraw McGee McKay Meacham Neilson Quinn Rodgers Sandifer Scott Sharpe Simrill Smith, R. Stille Stuart Townsend Trotter Vaughn Wilder Young-Brickell
The following named Representatives voted for Mr. McCarroll:
Allen Allison Altman Askins Bailey Barrett Battle Beck Bowers Breeland Campsen Cobb-Hunter Cotty Delleney Fleming Gourdine Hamilton Harvin Haskins Hayes Hines, J. Hinson Inabinett Jennings Kennedy Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Lloyd Mack Mason McLeod W. McMahand Miller Moody-Lawrence Neal Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rice Riser Rutherford Seithel Sheheen Smith, F. Smith, J. Taylor Tripp Walker Webb Whatley Whipper Wilkes Woodrum
Total number of Senators voting 42
Total number of Representatives voting 109
Grand Total 151
Necessary to a choice 76
Of which Dr. Bullard received 74
Of which Mr. McCarroll received 77
Whereupon, the PRESIDENT announced that Mr. John A. McCarroll was elected to the Board of Trustees for South Carolina State University, 4th District, Seat #4, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect three successors to the Board of Trustees of the Wil Lou Gray Opportunity School, At-Large positions.
Representative Phillips announced that Mr. Vince Rhoads, Dr. Louise T. Scott, Mr. Lowell C. "Butch" Spires and Dr. Barbara D. Dilligard had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Mr. Vince Rhoads, Dr. Louise T. Scott, Mr. Lowell C. "Butch" Spires and Dr. Barbara D. Dilligard were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Rhoads:
Alexander Anderson Bauer Branton Bryan Courson Courtney Drummond Fair Giese Grooms Hayes Holland Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Ravenel Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Wilson
The following named Senators voted for Dr. Scott:
Alexander Anderson Bauer Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Spires:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Giese Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The following named Senators voted for Dr. Dilligard
Branton Cork Elliott Ford Grooms Hutto Jackson Leventis Matthews McConnell Mescher O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Washington
On motion of Representative Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Rhoads:
Askins Bales Barfield Battle Beck Bowers Breeland Brown, H. Cooper Cotty Davenport Easterday Emory Gamble Gourdine Hamilton Harris Harrison Haskins Hayes Hinson Jennings Keegan Kelley Knotts Koon Law Littlejohn Loftis Lourie Lucas Martin Mason McGee McKay McMahand Meacham Neal, J.M. Quinn Rhoad Rice Riser Robinson Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Trotter Vaughn Whatley Wilkes Woodrum
The following named Representatives voted for Dr. Scott:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin Mason McCraw McGee McKay McLeod, M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal, J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkins Woodrum Young-Brickell
The following named Representatives voted for Mr. Spires:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Fleming Gamble Gilham Govan Hamilton Harrell Harris Harvin Haskins Hawkins Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Loftis Lourie Lucas Martin Mason McCraw McGee McKay McLeod, M. McLeod W. Meacham Miller Moody-Lawrence Neal Neal, J.M. Neilson Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Stuart Taylor Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
The following named Representatives voted for Dr. Dilligard:
Allen Allison Altman Bailey Barrett Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Cato Chellis Clyburn Cobb-Hunter Delleney Edge Fleming Gilham Gourdine Govan Harrell Harvin Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Kennedy Kirsh Klauber Lanford Leach Lee Limehouse Littlejohn Mack McCraw McMahand Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rodgers Sandifer Scott Seithel Sheheen Smith, F. Stille Stuart Taylor Tripp Walker Webb Whatley Whipper Wilder Young-Brickell
Total number of Senators voting 44
Total number of Representatives voting 118
Grand Total 162
Necessary to a choice 82
Of which Mr. Rhoads received 87
Of which Dr. Scott received 148
Of which Mr. Spires received 134
Of which Dr. Dilligard received 83
Whereupon, the PRESIDENT announced that Mr. Vince Rhoads, Dr. Louise T. Scott and Mr. Lowell C. "Butch" Spires were elected to the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions, for the terms prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees of Winthrop University, At-Large position.
Representative Phillips announced that Mr. Robert L. Thompson and Mr. Rick Lee had been screened and found qualified to serve.
On motion of Representative Phillips, the name of Mr. Robert L. Thompson was placed in nomination.
On motion of Representative Phillips, the name of Mr. Rick Lee was withdrawn from consideration.
On motion of Representative Phillips, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Robert L. Thompson was elected to the Board of Trustees for Winthrop University, At-Large position, for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:10 P.M., on motion of Senator MOORE, with unanimous consent, the Senate receded from business until 2:30 P.M.
By prior motion of Senator DRUMMOND, at 3:55 P.M., the Senate agreed to go into Executive Session.
On motion of Senator DRUMMOND, the seal of secrecy was removed and the Senate reconvened.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
At 2:35 P.M., on motion of Senator GIESE, the Senate receded from business until 2:45 P.M.
At 2:50 P.M., the Senate resumed.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Smith, J. Verne Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator ALEXANDER assumed the Chair.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RAVENEL argued contra to the third reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 4 (3276R004.GFM), which was adopted:
Amend the bill, as and if amended, page 9, after line 8, and before the / " /, by adding the following new Code section to read:
/ Section 58-9-2280. (A) If a city or county institutes a telecommunications tax as provided herein, then the millage on all real property for that city or county is rolled back by applying all monies raised by the tax to property tax rollbacks in that fiscal year. The millage is then capped as of that fiscal year and may be increased only by an amount equal to the certified price index as published by the U.S. government on January first of each year.
(B) In order for a local governing authority to exceed the cap imposed by this section, the local governing authority must place the question of whether to exceed the cap on the ballot at the next general election or obtain a two-thirds vote of the members of council of the local governing authority after having given notice of the motion to raise the millage and after conducting a public hearing on the question.
(C) If the telecommunications tax is repealed, then the provisions concerning the millage cap are hereby repealed for the local governing authority. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators RAVENEL, HUTTO and LEVENTIS proposed the following Amendment No. 5 (3276R005.AR), which was tabled:
Amend the bill, as and if amended, page 9, after line 17 and before the / " / by adding:
/ Section 58-9-2280. Notwithstanding any other provision of law, any tax or franchise fee levied pursuant to this chapter may not be passed along or charged to the consumer by a telecommunication provider. /
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
Senator MOORE argued contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
At 4:30 P.M., Senator DRUMMOND assumed the Chair.
Senator Ravenel proposed the following Amendment No. 6 (3276R006.AR), which was adopted:
Amend the bill, as and if amended, page 9, by adding after line 18, the following:
/ Section 58-9-2285. Notwithstanding any other provisions of law, a municipality may not impose by ordinance, contract, or other means an annual linear foot charge or assessment for the use of a public right-of-way by a telecommunications provider." /
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
At 5:03 P.M., Senator RAVENEL 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 Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Ford Glover Grooms Hayes Holland Hutto Land Leventis Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Setzler Smith, J. Verne Waldrep Wilson
A quorum being present, the Senate resumed.
Senator MOORE spoke on the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator RAVENEL argued contra to the third reading of the Bill.
With Senator RAVENEL retaining the floor, Senator CORK asked unanimous consent to make a motion that the Senate stand adjourned.
Senator MOORE objected.
Senator RAVENEL argued contra to the third reading of the Bill.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator RAVENEL retaining the floor.
Having received a favorable report from the Aiken, Allendale and Barnwell County Delegations, the following appointments were confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Aiken County:
Fred E. Humes, Economic Development Partnership, P. O. Box 1708, Aiken, S.C. 29802
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Jeff P. Spears, NationsBank, P. O. Box 416, Aiken, S.C. 29802
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Allendale County:
H. Carl Gooding, P. O. Box 4, Allendale, S.C. 29810
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Allendale County:
Henry C. Scott, Collum's Lumber Mill, Inc., 106 Barnwell Rd., Allendale, S.C. 29810
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2000:
Barnwell County:
Clarence L. Wright, 1235 Jackson St., Barnwell, S.C. 29812
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 1998, and to expire October 21, 2002:
Barnwell County:
Jaqueline P. Ramsey, 233 Goss Lane, Barnwell, S.C. 29812
Having received a favorable report from the Saluda County Delegation, the following appointments were confirmed in open session:
Reappointment, Saluda County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
D. Bruce Horne, P. O. Box 703, Saluda, S.C. 29138
Reappointment, Saluda County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Joyce B. Shults, 120 South Main St., Saluda, S.C. 29138
On motion of Senator PATTERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Frank Gilbert of Florence, S.C., former Senator, colleague and friend.
At 5:32 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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