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, Richard Riley, Secretary of Education in the President's Cabinet and former Senator in this chamber, read the following passage last week at the National Prayer Breakfast in Washington, Matthew 19:14:
"Let the little children come to me,
and do not stop them;
For it is to such as these
the kingdom of heaven belongs." (NRSV)
Let us pray.
Good Lord, Eternal Father, Creator of all things, this passage must be important because the Evangelists Matthew, Mark and Luke include the same words in each of their Gospels.
Help us in all our feverish concerns to keep the welfare of little children uppermost in our efforts to raise the quality of life for the people of South Carolina.
May we hear anew the admonition of the wise man of Proverbs (NRSV 22:6):
"Train children in the right way,
and when old,
They will not stray."
Amen!
On motion of Senator SETZLER, with unanimous consent, a Call of the Senate was made. The following Senators answered the Call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
December 20, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence July 13, 1994, and to expire June 30, 1996:
At-Large - Chairman:
Mr. C. Ronald Coward, 3045 Ashley Phosphate Road, North Charleston, S.C. 29418
Referred to the Committee on Labor, Commerce and Industry.
January 24, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Department of Transportation Commission, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:
At-Large - Chairman:
Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C. 29401
Referred to the Committee on Transportation.
September 14, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Kenneth McClure
Mayor
Initial Appointments, Members, Charleston Naval Complex Redevelopment Authority, with terms to commence July 1, 1994, and to expire June 30, 1998:
City of North Charleston:
Mr. Raymond H. Anderson, Jr., Appointment Office of Facilities Planning and Construction, Charleston County School District, 2100 Leeds Avenue, North Charleston, S.C. 29405
Mr. Jack Day, 4904 Pointe Pleasant Lane, Hollywood, S.C. 29449
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointments, Members, Charleston Naval Complex Redevelopment Authority, with terms to commence July 1, 1994, and to expire June 30, 1996:
City of North Charleston:
John E. Bourne, Jr., Treasurer, John Bourne Company, 4930 Rivers Avenue, Post Office Box 61959, North Charleston, S.C. 29419
Dr. Thaddeus J. Bell, 3951 W. Montague Avenue, North Charleston, S.C. 29418
Mr. X.O. Bunch, Jr., President, Hughes Motor, Inc., 6841 Bulldog Drive, North Charleston, S.C. 29406
Referred to the Committee on Labor, Commerce and Industry.
September 13, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
R. Keith Summey
Chairman
Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1996:
Mr. Rufus C. Barkley, Jr., Chairman, Cameron & Barkley, 2864 Azalea Drive, Post Office Box 118007, Charleston, S.C. 29423
Referred to the Committee on Labor, Commerce and Industry.
September 14, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Joseph P. Riley, Jr.
Mayor
Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1998:
The City of Charleston:
Ms. Laura C. Keeling, President and Chief Executive Officer, Trident Urban League, 32 Ann Street, Post Office Box 20249, Charleston, S.C. 29413
Referred to the Committee on Labor, Commerce and Industry.
September 13, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
James H. Rozier, Jr.
Berkeley County Supervisor
Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 18, 1994, and to expire June 30, 1998:
Berkeley County:
Mr. John B. (Jack) Williams, John B. Williams & Associates, 209 East Main Street, Post Office Box 1288, Moncks Corner, S.C. 29461
Referred to the Committee on Labor, Commerce and Industry.
September 12, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Ben Cole
Chairman
Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 11, 1994, and to expire June 30, 1998:
Dorchester County:
Mr. Ronnie M. Givens, Executive Vice President, Gamble, Givens & Moody, P.A., 133 East First North Street, Suite 9, Summerville, S.C. 29483
Referred to the Committee on Labor, Commerce and Industry.
To: Mr. President and Members of the Senate
From: Charleston Senatorial Delegation
Re: Statewide Appointment
Date:
We are transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Charleston Senatorial Delegation
/s/Senator Robert Ford
/s/Senator Glenn F. McConnell
/s/Senator Ernie Passailaigue
/s/Senator Lawrence E. Richter, Jr.
/s/Senator Michael T. Rose
/s/Senator McKinley Washington
/s/Senator Greg Smith
Initial Appointment, Charleston Naval Complex Redevelopment Authority, with term to commence July 1, 1994, and to expire June 30, 1998:
William J. Gilliam, 18 Murray Blvd., Charleston, S.C. 29405
Referred to the Committee on Labor, Commerce and Industry.
To: Mr. President and Members of the Senate
From: Charleston House Delegation
Re: Statewide Appointment
Date:
We are transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Charleston House Delegation
/s/Representative George H. Bailey
/s/Representative Floyd Breeland
/s/Representative Thomas M. Dantzler
/s/Representative Ronald C. Fulmer
/s/Representative Harry M. Hallman, Jr.
/s/Representative Robert W. Harrell, Jr.
/s/Representative Heyward G. Hutson
/s/Representative Curtis B. Inabinett
/s/Representative H.B. Limehouse, III
/s/Representative Lynn Seithel
/s/Representative Michael S. Whatley
/s/Representative Jackson S. Whipper
/s/Representative Lucille S. Whipper
Initial Appointment, Charleston Naval Complex Redevelopment Authority, with term to commence July 1, 1994, and to expire June 30, 1998:
Paul G. Campbell, Jr., 104 Inwood Drive, Summerville, S.C. 29485
Referred to the Committee on Labor, Commerce and Industry.
Senator ELLIOTT rose to a Point of Personal Interest.
Senator J. VERNE SMITH rose to a Point of Personal Interest.
Senator DRUMMOND rose to a Point of Personal Interest.
Columbia, S.C., February 7, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed local reappointment:
Reappointment, Anderson County Master-in-Equity, with term to commence June 30, 1992, and to expire June 30, 1998:
The Honorable Ellis B. Drew, Jr., Office of the Master-in-Equity, Post Office Box 4046, Anderson, S.C. 29622
Very respectfully,
Speaker of the House
Received as information.
S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the Berkeley County Delegation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MESCHER, S. 278 was ordered to receive a third reading on Thursday, February 9, 1995.
The following were introduced:
S. 461 -- Senator Greg Smith: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-995 SO AS TO PROVIDE REQUIREMENTS FOR THE SAMPLING OF DISTILLED SPIRITS IN RETAIL ALCOHOLIC LIQUOR STORES.
Read the first time and referred to the Committee on Finance.
S. 462 -- Senators Jackson and Ford: A JOINT RESOLUTION TO CREATE A COMMISSION TO DESIGN AND ESTABLISH AN APPROPRIATE MONUMENT ON THE STATE HOUSE GROUNDS TO HONOR THE MEMORY OF THE 1ST SOUTH CAROLINA VOLUNTEERS (AFRICAN DESCENT) AND THE 54TH MASSACHUSETTS INFANTRY REGIMENT, WHICH WERE FIGHTING REGIMENTS DURING THE WAR BETWEEN THE STATES COMPRISED OF PERSONS OF AFRICAN DESCENT.
Read the first time and referred to the General Committee.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Read the first time and referred to the General Committee.
S. 464 -- Senator Reese: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO INCREASE FROM ONE HUNDRED TWENTY DAYS TO ONE HUNDRED EIGHTY DAYS THE TIME WITHIN WHICH A REGULATION MAY BECOME EFFECTIVE WITHOUT ACTION BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
S. 465 -- Senator Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Read the first time and referred to the Committee on Judiciary.
S. 466 -- Senators Stilwell, Giese, Thomas, Setzler, Courtney and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND TO PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.
Senator STILWELL spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 467 -- Senator Reese: A BILL TO AMEND SECTION 20-7-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S AUTHORITY TO COMMIT A RESPONDENT TO JAIL FOR FAILURE TO OBEY AN ORDER FOR SUPPORT, SO AS TO REQUIRE THE COURT TO ISSUE A WARRANT; AND TO REPEAL SECTION 20-7-930 RELATING TO THE COURT'S AUTHORITY TO PLACE A RESPONDENT ON PROBATION AFTER REFUSING TO OBEY AN ORDER FOR SUPPORT.
Read the first time and referred to the Committee on Judiciary.
S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.
Read the first time and referred to the Committee on Judiciary.
S. 469 -- Senator Cork: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Read the first time and referred to the Committee on Judiciary.
S. 470 -- Senators Elliott, Reese, Martin and Alexander: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 67 SO AS TO ENACT THE "HOMEBUYERS PROTECTION AND WARRANTY ACT".
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 471 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-910 SO AS TO PROVIDE ACCESS TO MENTAL HEALTH RECORDS.
Read the first time and referred to the Committee on Medical Affairs.
S. 472 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-25 SO AS TO REQUIRE THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF REVENUE AND TAXATION TO INCLUDE ON EVERY MOTOR VEHICLE DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD IT ISSUES THE NATIONAL CITIZENSHIP OF THE PERSON TO WHOM THE LICENSE OR CARD IS ISSUED.
Read the first time and referred to the Committee on Transportation.
S. 473 -- Senator Reese: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL COLLEGE OR UNIVERSITY AUTOMOBILE LICENSE PLATES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE SUCH PLATES FOR COLLEGES AND UNIVERSITIES LOCATED OUTSIDE THE STATE AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE OF THESE SPECIAL LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HOLLAND, S. 474 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 475 -- Senator Reese: A BILL TO ABOLISH THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR ITS DUTIES TO BE TRANSFERRED TO THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION.
Read the first time and referred to the Committee on Transportation.
S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed is resistant to all herbicides currently available to our state's cotton farmers; and
Whereas, cotton is one of the most profitable industries in South Carolina; and
Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and
Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and
Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and
Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and
Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and
Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.
Referred to the Committee on Agriculture and Natural Resources.
S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed is resistant to all herbicides currently available to our state's cotton farmers; and
Whereas, cotton is one of the most profitable industries in South Carolina; and
Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and
Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and
Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and
Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and
Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and
Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.
Senator LEVENTIS spoke on the Resolution and moved that the Concurrent Resolution be adopted.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 477 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. ALEXANDER CHEVES HASKELL, JR., OF EVANS WHO DIED MONDAY, JANUARY 30, 1995.
The Senate Resolution was adopted.
S. 478 -- Senator McGill: A SENATE RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.
The Senate Resolution was adopted.
H. 3499 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND ADRIAN MCILWAIN, A SENIOR AT IRMO HIGH SCHOOL, FOR HIS RECENT COURAGEOUS ACTIONS IN PREVENTING AN ACCIDENT AND SAVING OTHERS FROM INJURY OR DEATH ON ST. ANDREWS ROAD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3519 -- Reps. Carnell, McAbee, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3521 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE LILLIAN BROCK FLEMMING OF GREENVILLE COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY SCHOOLS, THE CITY OF GREENVILLE, AND THE WHOLE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.
Senator GIESE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable report on:
S. 236 -- Senators Russell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable report on:
S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
THERE HAVING BEEN NO UNCONTESTED BILLS ON THE LOCAL AND STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (59R003.ELP), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/"SECTION ___. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:
"Section 7. (A) No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age.
(B) No person, who at the time of the general election, 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, but shall be re-eligible at the next general election following the general election for which they were ineligible.
SECTION ___. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
"Shall Sections 7, Article III of the Constitution of this State be amended so as to provide that no person, who at the time of the general election, 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, but shall be re-eligible at the next general election following the general election for which they were ineligible?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the specific subject matter of the Joint Resolution.
Senators PASSAILAIGUE, THOMAS, BRYAN, MARTIN, LEATHERMAN, RICHTER, WASHINGTON and McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
There being no further amendments, the question then was the second reading of the Joint Resolution.
Senator McCONNELL spoke on the Joint Resolution.
Senator HOLLAND spoke on the Joint Resolution.
Senator WASHINGTON spoke on the Joint Resolution.
Senator RICHTER spoke on the Joint Resolution.
Senator LANDER spoke on the Joint Resolution.
Senator PATTERSON spoke on the Joint Resolution.
Senator J. VERNE SMITH asked unanimous consent to make a motion that the Senate stand adjourned, with Senator PATTERSON retaining the floor.
Senator RYBERG objected.
Senator PATTERSON continued speaking on the Joint Resolution.
Debate was interrupted by adjournment, Senator PATTERSON retaining the floor.
MOTION ADOPTED
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James W. Todd of Walhalla, S.C., former Director of the Oconee Department of Social Services.
At 1:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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