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, hear the words of God through the Prophet Isaiah (742-687 B.C.)... in another era of global crisis, (Isaiah 1:2-3).
"Hear, O heavens, give ear, O earth:
For the Lord hath spoken,
'I have nourished and brought up children,
and they have rebelled against me.
The ox knoweth his owner, and the ass
his Master's crib: But Israel doth not know,
my people doth not consider'."
Let us pray.
Dear Lord, it's a long time back... since Isaiah's time, but sadly, people don't change much!
Our times are so like Isaiah's... from global concepts to backyard issues!
As we face a loaded calendar, help us, here and back home, to first ask ourselves, "What does God think about this? What does He want us to do about it?"
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. William Brannon of Columbia, S.C., Doctor of the Day.
On motion of Senator MATTHEWS, at 11:10 A.M., Senator WASHINGTON was granted a leave of absence for the balance of the day.
At 12:40 P.M., Senator SHORT requested a leave of absence for the balance of the day.
At 1:00 P.M., Senator ANDERSON requested a leave of absence for the balance of the day.
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following were introduced:
S. 1100 -- Senator Hutto: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DANNY EUGENE ATKINS OF BLACKVILLE, SUPERINTENDENT OF BARNWELL SCHOOL DISTRICT #19, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1101 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY TO ARTHUR G. DANTZLER OF CAYCE FOR HIS DEDICATED SERVICE TO THE CITY OF CAYCE, THE COUNTY OF LEXINGTON, AND THE STATE OF SOUTH CAROLINA IN THE FIELDS OF LAW ENFORCEMENT, FIREFIGHTING, AND PUBLIC
SAFETY, AND WISHING HIM MANY YEARS OF HEALTH AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1102 -- Senators Giese, Courson, Patterson and Jackson: A CONCURRENT RESOLUTION TO HONOR THE SEVENTY- FIFTH ANNIVERSARY OF THE FOUNDING OF THE COLLEGE OF JOURNALISM AND MASS COMMUNICATIONS AT THE UNIVERSITY OF SOUTH CAROLINA AND TO PROUDLY RECOGNIZE THE OUTSTANDING NUMBER OF JOURNALISM AND MASS COMMUNICATIONS GRADUATES WHO HAVE BECOME LEADERS THROUGHOUT THE WORLD.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1103 -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE TALLY AND FLORENCE ADAMS, THEIR CHILDREN AND GRANDCHILDREN, OF EASTOVER ON THE OCCASION OF THEIR SELECTION AS THE 1998 "OUTSTANDING NATIONAL BLACK FAMILY" ON MARCH 5, 1998, AT THE 12TH ANNUAL NATIONAL BLACK FAMILY SUMMIT IN MYRTLE BEACH, SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and placed on the Calendar without reference.
H. 4762 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DANNY EUGENE ATKINS OF BLACKVILLE, SUPERINTENDENT OF BARNWELL SCHOOL DISTRICT #19, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4763 -- Reps. Harvin, Kennedy, J. Hines, M. Hines, McGee, McKay and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE VERNON ONEIL MOORE OF FLORENCE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SALEEBY from the Committee on Banking and Insurance has polled out S. 1079 with no report:
S. 1079 -- Senator Short: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-130, SO AS TO REQUIRE INSURANCE POLICIES WHICH PROVIDE COVERAGE FOR MASTECTOMY SURGERY TO PROVIDE COVERAGE FOR RECONSTRUCTIVE SURGERY OF THE BREAST.
Saleeby McConnell Matthews Courtney Patterson Passailaigue Reese Jackson Martin Rankin Washington Ford
Leatherman Setzler Courson Thomas Hayes Russell
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out H. 4688 favorable with amendments:
H. 4688 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
Holland McConnell Bryan Wilson Moore Courtney Cork Ford Glover Lander Martin Elliott
Saleeby Russell Gregory Jackson Mescher Rankin
On motion of Senator SETZLER, with unanimous consent, consideration of the Concurrent Resolution was carried over to be taken up upon the arrival of the Chairman of the Judiciary Committee at his request.
Columbia, S.C., March 5, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: A BILL TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-FOUR UNITS OF CREDIT WITH THE ADDITIONAL REQUIRED UNITS IN ANY COURSE SHALL MEET THE COURSE REQUIREMENTS FOR THE STAR DIPLOMA AND SCHOLARSHIP; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
The House returned the Bill with amendments.
Senators MARTIN and SETZLER proposed the following amendment (1031.2), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. Notwithstanding the provisions of Section 59-39-105 of the 1976 Code relating to the requirements for a STAR diploma, for the 1997-98 and 1998-99 school years only, graduating seniors from high school who have completed twenty-two units of credit shall be granted a waiver from the new computer science unit or the fourth mathematics unit, or both, required by Section 59-39-105 for a STAR diploma, provided all other requirements are met. These graduating seniors shall be entitled also to a STAR scholarship as provided in Section 59-39-180.
SECTION 2. Section 59-39-105 of the 1976 Code, as added by Section 17A, Act 155 of 1997, is amended by adding at the end:
"For purposes of this section, honors courses shall be included, along with advanced placement and international baccalaureate courses, in those courses where grade point averages are adjusted to reflect greater difficulty."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time, and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator WALDREP)
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.
S. 399 -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0399.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 3, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-365. Persons who wish to run for President and Vice President at the general election as write-in candidates shall file:
(1) a declaration of intent to be write-in candidates; and
(2) a list of presidential electors pledged to those candidates required to be filed with the Secretary of State pursuant to Section 7-19-80,
with the State Election Commission not less than sixty days before the date of the general election for those offices. Write-in votes cast for President or Vice President for persons who have not complied with this section must not be tallied and are considered void votes. The county election commissions shall provide to the precinct election officers certified lists of those persons who have filed declarations of intent."
SECTION 2. Section 7-13-360 of the 1976 Code is amended to read:
"Section 7-13-360. The ballots shall also must contain a place for voters to write in the name of any other another person for whom they wish to vote except on ballots for the election of the President and Vice President."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 1034 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
S. 1095 -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
Senator COURTNEY explained the Bill.
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Senator McCONNELL explained the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 947 -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not under the provisions of Section 2-7-76, S. C. Code of Laws, there was a fiscal impact statement pertaining to the impact on local government revenues affixed to the Bill.
Senators MARTIN, McCONNELL and J. VERNE SMITH spoke on the inquiry.
The PRESIDENT stated that a fiscal impact statement was affixed to the Bill.
Senator McCONNELL raised a Point of Order that the Bill was violative of Section 2-7-76, S. C. Code of Laws, inasmuch as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of committee and the Bill was not properly before the Senate.
Senators J. VERNE SMITH and MARTIN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE was recognized.
Senator THOMAS made a Parliamentary Inquiry as to whether the Senator was speaking on the motion.
Senator PASSAILAIGUE rose to a Point of Personal Privilege.
Senator McCONNELL appealed the decision of the PRESIDENT.
Senator McCONNELL spoke on the motion.
Senator MARTIN assumed the Chair at 11:42 A.M.
Senator McCONNELL spoke on the motion.
Senator DRUMMOND asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, that the Bill be recommitted to the Committee on Finance for the purpose of requesting a further fiscal impact statement from the Board of Economic Advisors regarding the impact on local government revenues, and report the Bill out of Committee on Tuesday for further consideration.
Senator HAYES made a Parliamentary Inquiry as to whether or not the Bill would be subject to the provisions of Rule 33B wherein the Bill needed to be on the Calendar for six statewide legislative days.
Senator DRUMMOND asked unanimous consent to amend the motion, with Senator McCONNELL retaining the floor, that the Bill be recommitted to the Committee on Finance for the purpose of requesting a further fiscal impact statement from the Board of Economic Advisors regarding the impact on local government revenues, and report the Bill out of Committee on Tuesday for further consideration, waiving the provisions of Rule 33B.
Senators PASSAILAIGUE and BRYAN spoke on the motion.
At 12:12 P.M., on motion of Senator LAND, with Senator McCONNELL retaining the floor, the Senate receded from business not to exceed five minutes.
At 12:17 P.M., the Senate resumed.
Senator McCONNELL asked unanimous consent to withdraw the motion to appeal the decision of the PRESIDENT.
The appeal was withdrawn.
S.C. Code Section 2-7-76 prohibits the Bill from coming out of committee without the attachment of a statement of fiscal impact on local governments' revenue signed by the Chairman of the Finance Committee. This fiscal impact statement on local governments' revenue is separate and apart from the fiscal impact statement referred to in S.C. Senate Rule 23; therefore, this Bill is not properly before the Senate. The impact statement on local government revenue was not attached when the Bill left the committee, and it still is not on the Bill. S.C. Code Section 2-7-76 has not been complied with. It is our opinion the Bill is not properly on the Calendar. The Bill is being considered by the S.C. Senate in violation of S.C. Code Section 2-7-76. The proponents are aware of this severe legal problem and could have cured it by having the Finance Committee receive and review the local government fiscal impact statement required by S.C. Code Section 2-7-76. The Bill could have then been properly reported out of the Finance Committee, placed on the Calendar, and motion made to have it set for Special Order. The proponents chose not to follow proper procedure because of their hurried attempt to have this Bill set on Special Order. It is our opinion that failure to follow this law will render the passage of this Bill, should it occur, fatally and legally defective.
The question then was the motion for Special Order.
The PRESIDENT assumed the Chair at 12:25 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Drummond Fair Giese Gregory Grooms Hayes Holland Jackson Lander Leventis Martin McGill Moore O'Dell Rankin Reese Russell* Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Wilson
Branton Cork Elliott Ford Glover Hutto Land Matthews McConnell Mescher Passailaigue Patterson Peeler Ravenel Saleeby
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Bill was made a Special Order.
H. 4688 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
At the request of Senator HOLLAND, the Concurrent Resolution was taken up for immediate consideration.
Senator HOLLAND spoke on the Concurrent Resolution.
Senator RYBERG made a Parliamentary Inquiry as to whether or not the Concurrent Resolution could be considered at this time.
Senator SETZLER stated that according to the unanimous consent request made earlier in the day that the Concurrent Resolution would be taken up for immediate consideration upon the arrival of and at the request of the Chairman of the Judiciary Committee.
Senator HOLLAND moved that the Concurrent Resolution be adopted.
Senators MATTHEWS, HUTTO and BRANTON proposed the following Amendment No. 1 (4688R002.JWM), which was adopted:
Amend the committee amendment, as and if amended, by inserting the following:
/Ms. Diane Schafer Goodstein, to fill Seat 2 of the Circuit Court for the First Judicial Circuit, for a term to commence July 1, 1998; and/
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question then was the adoption of the committee amendment.
Senator RYBERG argued contra to the adoption of the committee amendment.
Senator HOLLAND spoke on the committee amendment.
Senator RYBERG moved to table the committee amendment.
The Senate refused to table the committee amendment.
The question then was the adoption of the committee amendment.
Senator THOMAS spoke on the committee amendment.
Senator MOORE spoke on the committee amendment.
A roll call vote was requested.
On motion of Senator THOMAS, with unanimous consent, the request for a roll call vote was withdrawn.
The question then was the adoption of the amendment proposed by the Judiciary Committee, as amended.
The Committee on Judiciary proposed the following amendment (4688R001.DHH), which was adopted:
Amend the resolution, as and if amended, by striking the entire resolution, beginning with the title, and inserting in lieu thereof the following:
/TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
Whereas, certain seats on the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division as set forth below are up for election and have been screened and the election for each such seat is uncontested; and
Whereas, the Senate believes and asserts that the election can be and is accomplished by the passage of this resolution by the Senate and concurrence by the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate, by passage of this resolution, votes to elect:
The Honorable James E. Moore, to succeed himself as an Associate Justice of the South Carolina Supreme Court, for a term to commence July 31, 1998; and
The Honorable Ralph K. Anderson, Jr., to succeed himself as a Judge of the Court of Appeals for Seat 9, for a term to commence July 1, 1998; and
Ms. Diane Schafer Goodstein, to fill Seat 2 of the Circuit Court for the First Judicial Circuit, for a term to commerce July 1, 1998; and
The Honorable Rodney A. Peeples, to succeed himself as a Judge of the Circuit Court, Second Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Thomas W. Cooper, Jr., to succeed himself as a Judge of the Circuit Court, Third Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Paul M. Burch, to succeed himself as a Judge of the Circuit Court, Fourth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Paul E. Short, Jr., to succeed The Honorable Don S. Rushing as a Judge of the Circuit Court, Sixth Judicial Circuit, Seat 1, for the unexpired portion of the current term and for a term to commence July 1, 1998; and
The Honorable H. Dean Hall, to fill the unexpired term of The Honorable Thomas J. Ervin as a Judge of the Circuit Court, Tenth Judicial Circuit, Seat 1; and
The Honorable Henry F. Floyd, to succeed himself as a Judge of the Circuit Court, Thirteenth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable John W. Kittredge, to fill Seat 4 of the Circuit Court for the Thirteenth Judicial Circuit, for a term to commence July 1, 1998; and
The Honorable Sidney T. Floyd, to succeed himself as a Judge of the Circuit Court, Fifteenth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable John C. Hayes, III, to succeed himself as a Judge of the Circuit Court, Sixteenth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Lee S. Alford, to fill Seat 2 of the Circuit Court for the Sixteenth Judicial Circuit, for a term to commence July 1, 1998; and
The Honorable William J. Wylie, Jr., to succeed The Honorable Alvin C. Biggs as a Judge of the Family Court, First Judicial Circuit, Seat 2, for a term to commence July 1, 1998; and
Ms. Nancy Chapman McLin, to fill Seat 3 of the Family Court for the First Judicial Circuit for a term to commence July 1, 1998; and
The Honorable Peter R. Nuessle, to succeed himself as a Judge of the Family Court, Second Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Ruben L. Gray, to succeed himself as a Judge of the Family Court, Third Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Roger E. Henderson, to succeed himself as a Judge of the Family Court, Fourth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable H. Bruce Williams, to succeed himself as a Judge of the Family Court, Fifth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Donna S. Strom, to succeed herself as a Judge of the Family Court, Fifth Judicial Circuit, Seat 4, for a term to commence July 1, 1998; and
Mr. Wesley L. Brown, to succeed The Honorable Stuart H. Hall as a Judge of the Family Court, Seventh Judicial Circuit, Seat 3, for the unexpired portion of the current term and for a term to commence July 1, 1998; and
The Honorable John M. Rucker, to succeed himself as a Judge of the Family Court, Eighth Judicial Circuit, Seat 2, for a term to commence July 1, 1998; and
Mr. Billy A. Tunstall, Jr., to fill the unexpired term of The Honorable William K. Charles, Jr., as a Judge of the Family Court, Eighth Judicial Circuit, Seat 3; and
The Honorable F. P. Segars-Andrews, to succeed herself as a Judge of the Family Court, Ninth Judicial Circuit, Seat 1, for a term to commence July 1, 1998; and
The Honorable Judy Cone Bridges, to succeed herself as a Judge of the Family Court, Ninth Judicial Circuit, Seat 3, for a term to commence July 1, 1998; and
Mr. Jack Alan Landis, to fill Seat 6 of the Family Court for the Ninth Judicial Circuit, for a term to commence July 1, 1998; and
Mr. Barry W. Knobel, to fill the unexpired term of The Honorable J. Franklin McClain as a Judge of the Family Court, Tenth Judicial Circuit, Seat 1; and
The Honorable Robert H. Cureton, to succeed himself as a Judge of the Family Court, Tenth Judicial Circuit, Seat 2, for a term to commence July 1, 1998; and
The Honorable Wylie H. Caldwell, Jr., to succeed himself as a Judge of the Family Court, Twelfth Judicial Circuit, Seat 3, for a term to commence July 1, 1998; and
The Honorable Amy C. Sutherland, to succeed herself as a Judge of the Family Court, Thirteenth Judicial Circuit, Seat 3, for a term to commence July 1, 1998; and
The Honorable Alvin D. Johnson, to succeed himself as a Judge of the Family Court, Thirteenth Judicial Circuit, Seat 4, for a term to commence July 1, 1998; and
The Honorable Jane Dowling Fender, to succeed herself as a Judge of the Family Court, Fourteenth Judicial Circuit, Seat 2, for a term to commence July 1, 1998; and
The Honorable Lisa A. Kinon, to succeed herself as a Judge of the Family Court, Fifteenth Judicial Circuit, Seat 2, for a term to commence July 1, 1998; and
The Honorable Ray N. Stevens, to succeed himself as a Judge of the Administrative Law Judge Division, Seat 5, for a term to commence July 1, 1998.
Be it further resolved that the concurrence of the House of Representatives shall constitute and complete the election of each of the offices hereinabove set forth for the term prescribed by law./
Amend title to conform.
The question then was the adoption of the Concurrent Resolution.
Senator RYBERG spoke on the motion.
Senator MOORE spoke on the motion.
Senator FAIR spoke on the motion.
Senator MARTIN spoke on the motion.
Senator HOLLAND spoke on the motion.
Senator PEELER spoke on the motion.
Senator McCONNELL spoke on the motion.
Senator THOMAS moved to table the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Grooms Martin Mescher Peeler Ravenel Reese Ryberg Thomas Waldrep
Alexander Branton Bryan Cork Courtney Drummond Elliott Ford Giese Hayes Holland Hutto Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Setzler Smith, J. Verne Wilson
The Senate refused to table the Concurrent Resolution.
The question then was the adoption of the Concurrent Resolution.
Senator RYBERG spoke on the Resolution.
Senator MARTIN assumed the Chair at 1:50 P.M.
Senator RYBERG continued speaking on the Resolution.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator RYBERG retaining the floor.
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Carol Galloway of Anderson County, S.C.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 6, 1998, it stand adjourned to meet next Tuesday, March 10, 1998, at 12:00 Noon, which motion was adopted.
At 1:52 P.M., on motion of Senator DRUMMOND, 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.
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