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 get a fresh, new meaning of Psalm 46 in "The New English Bible", (vv.4-5):
"There is a river whose streams
gladden the city of God,
Which the Most High has made
His holy dwelling;
God is in that city; she will
not be overthrown, and
He will help her at the break of day."
Let us pray.
Eternal and most Blessed Lord, we are concerned about our cities.
In this hallowed moment, dedicated to Your praise, and the confession of our need of Your help, may we know what it is to be still and know that You can gladden our cities... and towns... and countrysides; if we, for our part, fulfill the conditions of solid commitment.
In a world where so much is sad... and bad, give us the kind of faith that makes us glad; not with the Polyanna optimism of some, but with the quiet confidence that the last word will not be said by the enemies of faith, but by the Lord God Himself. You are the Judge of all the earth, and the Redeemer of those who put their trust in You.
SO, HELP US GOD. AMEN!
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
November 30, 1994
Mr. President and Members of the Senate:
We are 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,
Robert M. Grissom
Mayor
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence November 8, 1994, and to expire June 30, 1996:
City of Myrtle Beach:
William Smith, Jr., 1311 Hemingway Street, Myrtle Beach, S.C. 29577
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1996:
City of Myrtle Beach:
John C. Stewart, Jr., 2411 Oak Street, Suite 301, Myrtle Beach, S.C. 29577
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1998:
City of Myrtle Beach:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
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, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1996:
At-Large - Chairman:
Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526
The following were introduced:
S. 479 -- Senator Reese: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE WHICH SHALL BE PAID TO THE PAYEE OF THE INSTRUMENT FROM TWENTY TO TWENTY-FIVE DOLLARS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Read the first time and referred to the Committee on Banking and Insurance.
S. 481 -- Senators Giese, Thomas, Courson and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Education.
S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.
Read the first time and referred to the Committee on Education.
S. 483 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS TO DEVOLVE UPON THE EMPLOYMENT SECURITY COMMISSION ALL HIRING FUNCTIONS UNDER THE STATE CLASSIFICATION AND COMPENSATION PLAN RELATING TO POSTING OF VACANCIES, RECEIVING APPLICATIONS, AND INITIAL SCREENING AND TESTING; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THE MERIT SYSTEM OPERATIONS OF THE OFFICE OF HUMAN RESOURCES, AND TO PROVIDE THAT THE COMMISSION SHALL POST AND MAKE APPLICATIONS AVAILABLE AT ALL JOB SERVICE LOCATIONS.
Read the first time and referred to the Committee on Finance.
S. 484 -- Senators Elliott, Rankin and Greg Smith: A JOINT RESOLUTION TO APPROPRIATE TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND OF THE STATE TO THE STATE HIGHWAY FUND TO REPLACE THE AMOUNT OF SHIMS REVENUES DIVERTED TO PAY FOR THE HURRICANE HUGO NOTE.
Read the first time and referred to the Committee on Finance.
S. 485 -- Senator Richter: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-110; TO AMEND CHAPTER 8, TITLE 9 OF THE 1976 CODE, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, BY ADDING SECTION 9-8-230; TO AMEND CHAPTER 9, TITLE 9 OF THE 1976 CODE, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, BY ADDING SECTION 9-9-230; AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9 OF THE 1976 CODE, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-340, SO AS TO PROVIDE THAT STATE RETIREMENT BENEFITS IN EXCESS OF A MEMBER'S OR RETIRED MEMBER'S ACCUMULATED CONTRIBUTION MAY NOT BE PAID, TO ANY PARTY, ON BEHALF OF A MEMBER OR RETIRED MEMBER WHO IS CONVICTED OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDERE TO OFFICIAL MISCONDUCT, A FELONY, OR A CRIME OF MORAL TURPITUDE ARISING OUT OF THE PERFORMANCE OF THE MEMBER'S OR RETIRED MEMBER'S OFFICIAL DUTIES; AND TO PROVIDE FOR NOTIFICATION OF THE BUDGET AND CONTROL BOARD OF CONVICTIONS.
Read the first time and referred to the Committee on Finance.
S. 486 -- Senator Reese: A BILL TO AMEND SECTION 12-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAXES UNDER APPEAL AND INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO REDUCE THE MONTHLY INTEREST RATE ON OVERPAYMENTS AND UNDERPAYMENTS FROM ONE PERCENT A MONTH TO SIXTY-SEVEN HUNDREDTHS OF A PERCENT A MONTH AND TO AUTHORIZE A TAXPAYER DUE A REFUND TO WAIVE THE RECEIPT OF INTEREST.
Read the first time and referred to the Committee on Finance.
S. 487 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-70 SO AS TO PROHIBIT THE HUNTING OF GAME UNDER CERTAIN CONDITIONS, PROVIDE PENALTIES AND EXCEPTIONS, AND DEFINE TERMS; TO REPEAL SECTION 50-11-355 RELATING TO THE HUNTING OF DEER NEAR RESIDENCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 488 -- Senator Ford: A JOINT RESOLUTION TO CREATE A COMMISSION TO DESIGN AND ESTABLISH AN APPROPRIATE MONUMENT ON THE STATE HOUSE GROUNDS TO COMMEMORATE THE EFFORTS TO ACHIEVE EQUALITY OF PERSONS OF AFRICAN DESCENT;TO RECOGNIZE THE 1ST SOUTH CAROLINA VOLUNTEERS (AFRICAN DESCENT) AND THE 54TH MASSACHUSETTS INFANTRY REGIMENT, WHICH WERE FIGHTING REGIMENTS DURING THE WAR BETWEEN THE STATES, AND TO RECOGNIZE THE MANY WHO PRECEDED AND SUCCEEDED THE FIGHTING MEN WHO SYMBOLIZE SUCH HONOR AND VALOR.
Read the first time and referred to the General Committee.
S. 489 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-62 SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE AND HOUSE OF REPRESENTATIVES; TO AMEND SECTION 2-1-40, RELATING TO RESIDENCY REQUIREMENTS OF CANDIDATES FOR THE HOUSE OF REPRESENTATIVES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 2-1-60, AS AMENDED, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE MUST BE ELECTED, SO AS TO DELETE THE RESIDENCY REQUIREMENT FOR THE SENATE.
Read the first time and referred to the Committee on Judiciary.
S. 490 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 TO TITLE 39 SO AS TO ENACT THE "FAST FOOD FRANCHISE PRACTICES ACT".
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 491 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-25 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN A HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A CROSS OR SIGN ERECTED BY A COUNTY OR MUNICIPAL GOVERNMENT TO DESIGNATE THE LOCATION WHERE A TRAFFIC FATALITY OCCURRED IF THE CROSS OR SIGN PRESENTS NO TRAFFIC HAZARD, AND TO PERMIT A COUNTY OR MUNICIPAL GOVERNMENT TO PAINT A CROSS ON A HIGHWAY TO DESIGNATE THE LOCATION WHERE A TRAFFIC FATALITY OCCURRED IF THE CROSS PRESENTS NO TRAFFIC HAZARD.
Read the first time and referred to the Committee on Transportation.
S. 492 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE WILLIAM JENNINGS BRYAN DORN OF GREENWOOD COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
Whereas, the Honorable William Jennings Bryan Dorn of Greenwood County is a living legend in South Carolina; and
Whereas, he is chairman emeritus of the South Carolina Democratic Party; and
Whereas, he began his political career in 1939, when he became the youngest man ever elected to the General Assembly; and
Whereas, in 1947, after serving in World War II, Bryan Dorn was elected to the first of thirteen terms in the United States House of Representatives, where he was known for his support of national defense, education, revenue sharing, economic development, social security, and agriculture; and
Whereas, he was the Democratic nominee for Governor in 1974, and in 1980, he was elected chairman of the South Carolina Democratic Party and served two terms in that post; and
Whereas, Bryan Dorn has been hailed as a true statesman and, during his many years in office, he was a dedicated public servant; and
Whereas, his contributions to good government and public service have enriched South Carolina's modern history, and he is a gentleman who is widely respected and admired. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the Honorable William Jennings Bryan Dorn of Greenwood County upon his induction into the South Carolina Hall of Fame.
Be it further resolved that a copy of this resolution be forwarded to the Honorable William Jennings Bryan Dorn.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 493 -- Senator Courtney: A BILL TO AMEND SECTION 44-96-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLID WASTE LANDFILLS, SO AS TO PROVIDE THAT NO SOLID WASTE LANDFILL MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
Read the first time and referred to the Committee on Medical Affairs.
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Read the first time and referred to the General Committee.
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Read the first time and referred to the Committee on Medical Affairs.
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.
Read the first time and referred to the Committee on Judiciary.
H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.
Read the first time and referred to the General Committee.
H. 3341 -- Reps. Fulmer, Hallman and Seithel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and
Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and
Whereas, there should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has proved to be unworkable; and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and
Whereas, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of The Council of State Governments an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and
Whereas, the gist of the task force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both houses within two years of the states' submission of the amendments; and
Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina requests the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which in essence provides that:
Whenever three-fourths of the legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.
Be it further resolved that the General Assembly of South Carolina requests the legislatures of the several states to apply to Congress for the proposal of this amendment to the Constitution of the United States.
Be it further resolved that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the senators and representatives in Congress from South Carolina, and to the legislatures of each of the several states, attesting to the adoption of this resolution.
Referred to the Committee on Judiciary.
H. 3522 -- Reps. Wells, Allison, Beatty, Lanford, Walker, Wilder, Vaughn, Davenport, Littlejohn and D. Smith: A CONCURRENT RESOLUTION COMMENDING DR. G. B. HODGE OF SPARTANBURG COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION AND HIS EXEMPLARY SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3525 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING OVERBROOK CHILD DEVELOPMENT CENTER OF GREENVILLE ON WINNING THE "PALMETTO'S FINEST AWARD", AND COMMENDING THIS EXCELLENT FACILITY FOR ITS OUTSTANDING WORK.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3539 -- Rep. Allison: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH YEAR OF WOMEN IN LEGISLATURES AND THE MANY CONTRIBUTIONS WOMEN SERVING, OR FORMERLY SERVING, IN VARIOUS CAPACITIES IN THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, HAVE MADE TO OUR LEGISLATIVE PROCESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3540 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND ULYSSES DURHAM ON HIS TWENTY-FIFTH ANNIVERSARY AS PASTOR OF NEW HOPE BAPTIST CHURCH IN LIBERTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3541 -- Rep. Davenport: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MICHAEL S. HAMLET, OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING MINISTRY DURING TEN YEARS OF SERVICE AT THE FIRST BAPTIST CHURCH IN NORTH SPARTANBURG.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 330 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese and Rose: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3433 favorable:
H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.
AYES
Courson Peeler Wilson Stilwell Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Matthews Thomas Patterson
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
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.
(By prior motion of Senator MESCHER)
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PATTERSON proposed the following amendment (S-ADMIN\O\M\144.KP), which was adopted:
Amend the bill, as and if amended, page 1, line 25, after the word "at" insert the words,
/a building located in/.
Amend further, line 25, by striking the words
/whenever possible or if practical/.
Amend title to conform.
Senators COURTNEY and WILLIAMS spoke on the Bill.
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 Bills having been read the second time were ordered placed on the third reading Calendar:
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.
(By prior motion of Senator HOLLAND)
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.
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.
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.
On motion of Senator COURTNEY, H. 3217 was ordered to receive a third reading on Friday, February 10, 1995.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0101.003), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 31, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.
However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0356.009), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 8-21-770(B) of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:
"(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement as follows:
(1) Property valuation less than $5,000.00 $ 25.00
(2) Property valuation of $5,000.00
but less than $20,000.00 $ 45.00
(3) Property valuation of $20,000.00
but less than $60,000.00 $ 67.50
(4) Property valuation of $60,000.00
but less than $100,000.00 $ 95.00
(5) Property valuation of $100,000.00
but less than $600,000.00 $ 95.00
plus .15 percent of the property valuation between $100,000.00 and $600,000.00.
(6) Property valuation of $600,000.00 or higher amount set forth in (5) above plus 1/4 of one percent of the property valuation above $600,000.00.
For purposes of this subsection, 'decedent's probate estate' means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy and 'protected person's estate' means the protected person's property that vests in a conservator as trustee pursuant to Section 62-5-420."
SECTION 2. Section 14-23-1050 of the 1976 Code is amended to read:
"Section 14-23-1050. Each judge of probate and associate probate judge shall, before assuming the duties of that office, enter into bond in the sum of fifteen one hundred thousand dollars conditioned for the faithful performance of the duties of such office, which bond shall be executed and filed as prescribed in Chapter 3 of Title 8 of the 1976 Code."
SECTION 3. Section 62-3-203(e) of the 1976 Code is amended to read:
"(e) No person is qualified to serve as a personal representative who is:
(1) under the age of eighteen;
(2) a person whom the court finds unsuitable in formal proceedings;
(3) with respect to the estate of any person domiciled in this State at the time of his death, a corporation created by another state of the United States or by any foreign state, kingdom or government, or a corporation created under the laws of the United States and not having a business in this State, or an officer, employee, or agent of such foreign corporation, whether the officer, employee, or agent is a resident or a nonresident of this State, if such officer, employee, or agent is acting as personal representative on behalf of such corporation.;
(4) a probate judge for an estate of any person within his jurisdiction, except as provided in Section 62-3-1202(A)."
SECTION 4. Section 62-5-410 of the 1976 Code is amended by adding:
"(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, 'family member' means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild."
SECTION 5. This act takes effect upon approval by the Governor, but SECTION 1 shall apply retroactively to August 15, 1994. Any person who remitted fees pursuant to Section 3 of Act 470 of 1994 may petition the court within one year of this act's effective date to obtain a refund of the difference between that which is due pursuant to this act and that which was due pursuant to Section 3 of Act 470 of 1994./
Renumber sections to conform.
Amend title to conform.
Senators COURTNEY and BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, 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 PATTERSON spoke on the Joint Resolution.
Senator MATTHEWS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MATTHEWS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Ford Glover Jackson Lander Matthews McGill O'Dell Patterson Saleeby Short Smith, G. Washington
NAYS
Alexander Cork Courson Courtney Drummond Elliott Giese Gregory Hayes Leatherman Leventis Martin Mescher Passailaigue Peeler Rankin Reese Richter Ryberg Setzler Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
The Senate refused to adjourn.
A quorum being present, the Senate resumed.
Senator COURTNEY asked unanimous consent to make a motion that for the remainder of the session, that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to meet on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon, unless otherwise ordered by the Senate.
The motion was adopted.
Senator PATTERSON continued speaking on the Joint Resolution.
At 12:30 P.M., Senator LANDER requested a leave of absence for the balance of the day.
Senator PATTERSON continued speaking on the Joint Resolution.
Debate was interrupted, Senator PATTERSON retaining the floor.
Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence November 8, 1994, and to expire June 30, 1996:
City of Myrtle Beach:
William Smith, Jr., 1311 Hemingway Street, Myrtle Beach, S.C. 29577
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1996:
City of Myrtle Beach:
John C. Stewart, Jr., 2411 Oak Street, Suite 301, Myrtle Beach, S.C. 29577
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1998:
City of Myrtle Beach:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1996:
At-Large - Chairman:
Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526
MOTION ADOPTED
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Don Durham of Pickens County, S.C., who passed away on Sunday, February 5, 1995.
At 12:40 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Monday, June 29, 2009 at 2:09 P.M.