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, it is said that one of the sayings of Jesus not recorded in the Gospels goes like this:
"Wherever there are two, they are not
without God,
And wherever there is one alone, I say
I am with him,
Raise the stone, and thou shalt find Me;
Cleave the wood and there I am."
Let us pray.
Infinite and Eternal Lord God, we know that in our invocation we do not invite You to come to this place because You are already here... in the temple of the hopes and prayers of our dear people.
In our prayer we do pray that You will make us aware of Your presence, and that You are ever conscious of our needs.
So, help us to think... reverently!
Help us to act... responsibly!
At the end of this day... or at the end of life, we know that we shall answer not so much to the voters who sent us here, but to You whose we are and Who, really, we serve.
So help us do a good job... today!
Amen.
On motion of Senator LEATHERMAN, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be 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 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.
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536
Received as information.
December 21, 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, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
At-Large:
Mrs. Patricia D. Miller, 306 South 14th Avenue, Dillon, S.C. 29536 VICE Eleanor Bethea
Received as information.
December 29, 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.
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
Mrs. Jean L. Thompson, Route 1, Box 542, Lake View, S.C. 29563
Received as information.
January 3, 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,
Carroll A. Campbell, Jr.
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
Mrs. Linda Sue Edwards, Route 2, Box 620, Dillon, S.C. 29536
Received as information.
January 10, 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,
Carroll A. Campbell, Jr.
Reappointment, Dillon County Board of Voter Registration, with term to commence December 15, 1994, and to expire March 15, 1996:
Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563
Received as information.
February 1, 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, Marion County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Lunette Cox, Post Office Box 35, Gresham, S.C. 29546
Received as information.
Senator WILLIAMS introduced Dr. Monnie Singleton of Denmark, S.C., Doctor of the Day.
The following were introduced:
S. 515 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-9-35 SO AS TO PROVIDE FOR REFERENCES TO "SOIL AND WATER CONSERVATION DISTRICTS" TO MEAN "NATURAL RESOURCES DISTRICTS"; TO AMEND SECTION 48-9-10, RELATING TO CITATION OF THE CHAPTER, AND SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO CHANGE THE REFERENCES TO THE DISTRICTS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 516 -- Senator Reese: A BILL TO AMEND SECTION 59-65-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AND UNLAWFUL ABSENCES OF STUDENTS, SO AS TO INCREASE FROM FIVE TO TEN THE NUMBER OF UNLAWFUL ABSENCES A STUDENT MAY HAVE BEFORE SCHOOL OFFICIALS ARE REQUIRED TO INTERVENE, TO INCREASE FROM TEN TO TWENTY THE NUMBER OF UNLAWFUL ABSENCES A STUDENT MAY HAVE BEFORE THE DISTRICT BOARD OF TRUSTEES MUST APPROVE OR DISAPPROVE OF THE ABSENCES, AND TO PROVIDE THAT STUDENTS SHALL BE PERMITTED THE OPPORTUNITY TO MAKE UP A MINIMUM OF TEN UNLAWFUL ABSENCES.
Read the first time and referred to the Committee on Education.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
Read the first time and referred to the Committee on Finance.
S. 518 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REDUCE THE ASSESSMENT RATIO ON MANUFACTURING AND UTILITY PROPERTY FROM TEN AND ONE-HALF PERCENT TO NINE PERCENT IN ONE-HALF PERCENT INCREMENTS BEGINNING IN TAX YEAR 1996 AND TO MAKE THIS AMENDMENT CONTINGENT ON A FAVORABLE VOTE IN A STATEWIDE REFERENDUM ON THE QUESTION OF INCREASING THE SALES, USE, AND CASUAL EXCISE TAX TO TAKE EFFECT JULY 1, 1996, WITH THE ADDITIONAL REVENUE USED FOR PROPERTY TAX RELIEF.
Read the first time and referred to the Committee on Finance.
S. 519 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1995-96 THROUGH 1998-99 AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
S. 520 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS, AND TO PROVIDE THAT THE DETERMINATION OF THE FAIR MARKET VALUE OF MOTOR VEHICLES IN THIS CLASS MAY NOT BE BASED ON THE MILEAGE ON THE VEHICLE.
Read the first time and referred to the Committee on Finance.
S. 521 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM TO BE HELD NOVEMBER 7, 1995, ON THE QUESTION OF RAISING THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT IN ORDER TO PROVIDE AN EXEMPTION FROM SALES TAX ON FOOD AND TO PROVIDE PROPERTY TAX RELIEF, AND TO MAKE THE PROVISIONS OF THIS ACT RAISING THE TAX, ELIMINATING CERTAIN EXEMPTIONS, IMPOSING ADDITIONAL TAXES AND FEES ON VIDEO GAMES WITH A FREE PLAY FEATURE, AND GRANTING PROPERTY TAX RELIEF AND EXEMPTING FOOD FROM THE SALES TAX CONTINGENT UPON A FAVORABLE MAJORITY VOTE IN THE REFERENDUM; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO INCREASE THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT, TO PROVIDE FOR THE ADDITIONAL TAX REVENUES TO BE CREDITED TO A SEPARATE FUND STYLED THE "PROPERTY TAX RELIEF FUND" AND PROVIDE FOR THE DISTRIBUTION OF REVENUES FROM THE FUND TO REIMBURSE LOCAL GOVERNMENTS FOR REVENUE LOSSES CAUSED BY PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS RETAILERS MAY ADD TO THE SALES PRICE, SO AS TO REFLECT THE ADDITIONAL TAX; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM TAX ON MOTOR VEHICLES AND CERTAIN OTHER PROPERTY, SO AS TO INCREASE THE MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR TOLL AND ACCESS CHARGES AND TELEGRAMS; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED ON THE FUND TO BE CREDITED TO THE FUND AND TO REQUIRE THESE ADDITIONAL FUNDS TO BE USED FOR ROAD CONSTRUCTION AND MAINTENANCE; TO AMEND SECTIONS 12-21-2772, 12-21-2774, 12-21-2776, 12-21-2778, 12-21-2780, 12-21-2782, 12-21-2794, 12-21-2796, AND 12-21-2804, RELATING TO THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE PURSUANT TO THE VIDEO GAME MACHINES ACT, SO AS TO REVISE REQUIREMENTS RELATING TO THESE MACHINES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-21-2779, 12-21-2781, 12-21-2783, 12-21-2787, 12-21-2795, 12-21-2800, AND 12-21-2801 SO AS TO PROVIDE FURTHER FOR THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO IMPOSE A TAX EQUAL TO FIFTEEN PERCENT OF GROSS MACHINE PROCEEDS, AND TO REQUIRE ADDITIONAL LICENSES FOR VIDEO GAMES WITH A FREE PLAY FEATURE; TO REPEAL SECTIONS 12-21-2719, 12-21-2728, 12-21-2732, AND 12-21-2791 RELATING TO REGULATIONS OF VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-460 SO AS TO REQUIRE ADDITIONAL ANNUAL APPROPRIATIONS FOR PUBLIC EDUCATION AND PROVIDE THE USE OF THESE ADDITIONAL FUNDS; TO AMEND SECTION 11-11-140, AS AMENDED, RELATING TO LIMITATION ON APPROPRIATIONS, SO AS TO DELETE FROM THE LIMITATION APPROPRIATIONS TO THE PROPERTY TAX RELIEF FUND; TO REPEAL CHAPTER 10, TITLE 4, RELATING TO THE LOCAL OPTION SALES TAX; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO PROVIDE ADDITIONAL HOMESTEAD EXEMPTIONS FROM PROPERTY TAX; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION AND DEPRECIATION OF PERSONAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR ADDITIONAL DEPRECIATION FOR PERSONAL PROPERTY USED IN MANUFACTURING; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO PROVIDE DEDUCTIONS FOR CERTAIN INCOME OF PARTNERS, SUBCHAPTER "S" CORPORATION SHAREHOLDERS, AND MEMBERS OF LIMITED LIABILITY COMPANIES; TO AMEND THE 1976 CODE BY ADDING SECTION 4-29-72 SO AS TO ELIMINATE THE MINIMUM INVESTMENT THRESHOLD FOR FEE IN LIEU OF TAXES AGREEMENTS; TO AMEND SECTION 4-29-10, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS FINANCED BY SPECIAL SOURCE BONDS, SO AS TO EXTEND ELIGIBILITY FOR THESE PROJECTS TO UTILITY PROJECTS, TO PHASE-OUT THE SOFT DRINKS TAX OVER THREE YEARS; TO REPEAL ARTICLE 13, CHAPTER 21, TITLE 12, RELATING TO THE SOFT DRINK TAX EFFECTIVE JULY 1, 1998; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD ELIGIBLE FOR PURCHASE WITH FOOD STAMPS FROM THE SALES TAX EFFECTIVE JULY 1, 1998, AND TO PROVIDE LOWER TRANSITION SALES TAX RATES ON FOOD; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL COLLECT ALL PROPERTY TAXES ON PROPERTY ASSESSED BY IT EXCEPT FOR BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-4-540, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ASSESS BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-37-970, AS AMENDED, RELATING TO PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE FOR THE FILING OF SUCH RETURNS WITH THE TAXPAYER'S INCOME TAX RETURN; TO REPEAL SECTION 12-37-905 RELATING TO RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR; TO AMEND SECTION 12-43-250, RELATING TO SALES RATIO STUDIES, SO AS TO REQUIRE REASSESSMENTS EVERY THREE YEARS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE A REVISED APPEALS PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO ALLOW COUNTIES TO TRANSFER THE ASSESSING FUNCTION TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO PROVIDE THE APPLICABLE PROCEDURES FOR THE TRANSFER; TO AMEND SECTION 12-37-90, RELATING TO COUNTY ASSESSOR, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DEPARTMENT TO WAIVE THE RETROACTIVE ASSESSMENT OF A STATE TAX AND PROVIDE THE CIRCUMSTANCES REQUIRED FOR THE WAIVER; TO AMEND SECTION 12-54-160, RELATING TO AUTHORITY OF THE DEPARTMENT WITH RESPECT TO THE WAIVER OF PENALTIES AND INTEREST, SO AS TO PROVIDE CIRCUMSTANCES WHEN INTEREST MAY BE WAIVED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE NOTICE REQUIREMENTS WITH RESPECT TO THE BUDGET PROCESS AND TAXING POWER OF LOCAL GOVERNMENTS.
Read the first time and referred to the Committee on Finance.
S. 522 -- Senator Reese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS, LOCATIONS, AND TERRITORIAL JURISDICTIONS, SO AS TO PROVIDE THAT THE SENATORS REPRESENTING THE COUNTY FROM WHICH A MAGISTRATE IS APPOINTED, RATHER THAN THE COUNTY GOVERNING BODY, SHALL DETERMINE THE NUMBER OF HOURS REQUIRED FOR EACH MAGISTERIAL POSITION AND THE AREA OF THE COUNTY TO WHICH EACH MAGISTERIAL POSITION SHALL BE ASSIGNED.
Read the first time and referred to the Committee on Judiciary.
S. 523 -- Senator Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-400 SO AS TO REQUIRE A TELEPHONE UTILITY TO PROVIDE AT LEAST ONE PAY TELEPHONE AT EVERY AIRPORT IN THE TELEPHONE UTILITY'S SERVICE AREA.
Read the first time and referred to the Committee on Judiciary.
S. 524 -- Senator Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.
Read the first time and referred to the Committee on Transportation.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
Senator COURTNEY spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby request the Department of Transportation to designate and name the Interstate 26 and Meeting Street Extension Connector at North Charleston, South Carolina, as the "Miner W. Crosby Connector". The department is also requested to install appropriate markers and signs at this interchange.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Miner W. Crosby.
Referred to the Committee on Transportation.
S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby request the Department of Transportation to designate and name the Interstate 26 and Interstate 526 Interchange at North Charleston, South Carolina, as the "Lonnie Hamilton III Interchange". The department is also requested to install appropriate markers and signs at this interchange.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Lonnie Hamilton, III.
Referred to the Committee on Transportation.
H. 3585 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND JAMES R. MCGEE OF ORANGEBURG COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE ON THE ORANGEBURG COUNTY COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3586 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND VERNON OTT, JR., OF ORANGEBURG COUNTY FOR HIS SEVENTEEN YEARS OF DEDICATED SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY WHILE SERVING ON THE ORANGEBURG COUNTY COUNCIL AND WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3587 -- Reps. Allison, Cromer and Chamblee: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT MISS SOUTH CAROLINA, KRISTIE GREENE, OF ANDERSON COUNTY ON APRIL 19, 1995, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Department of Archives and History to attend a breakfast reception in Room 208, Blatt Building on Wednesday, February 22, 1995, from 8:30 until 10:00 A.M.
AYES
Courson Wilson Matthews Thomas Patterson Stilwell Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler O'Dell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Chapter of the National Association of Social Workers to attend a reception at the Adam's Mark Hotel on Wednesday, March 1, 1995, from 6:30 until 8:30 P.M.
AYES
Courson Wilson Matthews Thomas Patterson Stilwell Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler O'Dell
HOUSE CONCURRENCE
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
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.
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.
H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 510 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, S. 510 was recommitted to the Committee on Education.
H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 511 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, S. 511 was recommitted to the Committee on Education.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
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.
On motion of Senator COURTNEY, S. 494 was ordered to receive a third reading on Thursday, February 16, 1995.
H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.
S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: 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.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (DKA\3685AC.95), which was adopted:
Amend the resolution, as and if amended, by deleting on page 1, line 24 /health care/ and /special/.
Amend further by inserting after /industry./ on page 1, line 30, /The department shall conduct this study using existing personnel to the extent practicable./
Amend title to conform.
There being no further amendments, the Resolution 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.
Debate was interrupted by adjournment, Senator PATTERSON retaining the floor.
Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:
Reappointment, Marion County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Lunette Cox, Post Office Box 35, Gresham, S.C. 29546
Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
At-Large:
Mrs. Patricia D. Miller, 306 South 14th Avenue, Dillon, S.C. 29536 VICE Eleanor Bethea
Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536
Mrs. Linda Sue Edwards, Route 2, Box 620, Dillon, S.C. 29536
Mrs. Jean L. Thompson, Route 1, Box 542, Lake View, S.C. 29563
Reappointment, Dillon County Board of Voter Registration, with term to commence December 15, 1994, and to expire March 15, 1996:
Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563
MOTION ADOPTED
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Carroll Frederick Reames of Anderson, S.C.
At 12:00 Noon, on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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