South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, February 11, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 words recorded by St. John in Chapter 9 of his Gospel (v.4):

"We must keep on doing the works of Him

who sent me, as long as it is day; the

night is coming, when no one can work."
Let us pray.

Our Father, in addition to the words of St. John we remember the words of a lady who had lived many years and said:

"Yesterday is a cancelled check. You cannot
do anything about it... so forget it!

Concentrate on today!"

Help us as we return to these halls of great responsibility that we can be yoke-fellows on the highest plane of stewardship if we keep in mind the flight of time and the real needs of our people.

May we, today, so commit our energies in our common tasks that we may boost the sum total of our state's welfare and our people's happiness... to the glory of the God that loves us all.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

February 5, 1992
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.

Statewide Appointment

Reappointment, Member, State Development Board, with term to expire May 21, 1996:

6th Judicial Circuit:

Mr. Leo R. Maguire, 938 Sherwood Circle, Lancaster, South Carolina 29720

Referred to the Committee on Labor, Commerce and Industry.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1405
Promulgated By South Carolina Coastal Council
Marinas
Received By Lt. Governor February 10, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 9, 1992

Document No. 1417
Promulgated By Board of Nursing
Nursing Education Programs
Received By Lt. Governor February 7, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 6, 1992

Document No. 1454
Promulgated By Board of Nursing
Fees
Received By Lt. Governor February 7, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 6, 1992

Document No. 1456
Promulgated By Wildlife and Marine Resources Department
State Falconry Permit Regulations
Received By Lt. Governor February 6, 1992
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date June 5, 1992

Document No. 1459
Promulgated By Department of Consumer Affairs
Merged Regulations for the Consumer Protection Code
Received By Lt. Governor February 7, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date June 6, 1992

Doctor Of The Day

Senator THOMAS introduced Dr. Donald G. Gregg of Greenville, South Carolina, Doctor of the Day.

Leave Of Absence

On motion of Senator J. VERNE SMITH, Senator NELL W. SMITH was granted a leave of absence for today.

Message From The House

Columbia, S.C., February 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Whipper and Gentry of the Committee of Conference on the part of the House on:
H. 3836 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Very respectfully,
Speaker of the House

Received as information.

RECALLED

H. 4381 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO RECOMMEND THAT AGENCIES OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE STATE AGENCY OF VOCATIONAL REHABILITATION, EMPLOY QUALIFIED PERSONS WITH HANDICAPPING CONDITIONS AS TEMPORARY AND PERMANENT EMPLOYEES.

On motion of Senator BRYAN, with unanimous consent, the Resolution was recalled from the Committee on Finance, and ordered placed on the Calendar for consideration tomorrow.

READ THE THIRD TIME,

RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.

On motion of Senator SETZLER, with unanimous consent, the Bill was taken up for immediate consideration. The question being the third reading of the Bill.

On motion of Senator SETZLER, with unanimous consent, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1278 -- Senator Helmly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, ALSO KNOWN AS SANTEE COOPER, FOR FIFTY YEARS OF EFFICIENT, RELIABLE, AND DEDICATED SERVICE THAT HAS IMPROVED THE QUALITY OF LIFE IN SOUTH CAROLINA.

Whereas, the South Carolina Public Service Authority was created in 1934 by an act of the General Assembly to provide a source of power for the electrification of the Low Country and rural areas of South Carolina; and

Whereas, the Santee Cooper Hydro Electric and Navigation Project was constructed as the largest land clearing project in the history of this country; and

Whereas, the project provided employment for more than twelve thousand South Carolinians who were taken off relief roles of the State; and

Whereas, impoundment of the Santee Cooper lakes produced one of the state's most bountiful and popular recreational resources; and

Whereas, Santee Cooper accomplished eradication of malaria as a major health problem in the Low Country of South Carolina; and

Whereas, the electricity generated by Santee Cooper for the past fifty years has been a powerful force in the development of business and industry throughout a large portion of the State; and

Whereas, Santee Cooper has been recognized as a major economic resource belonging to the people of South Carolina; and

Whereas, the first power flowed from the turbines of Santee Cooper on February 17, 1942. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly commend Santee Cooper for fifty years of service dedicated to improving the quality of life in South Carolina and for its fifty years of efficient operation, reliability, and service to the people of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the chairman of the South Carolina Public Service Authority, 1 Riverwood Drive, Box 398, Moncks Corner, South Carolina 29461.

Referred to the Committee on Labor, Commerce and Industry.

S. 1279 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MAYOR HARRY ODELL WEEKS OF AIKEN UPON HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED LEADERSHIP, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

On immediate consideration, the Senate Resolution was adopted.

S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1281 -- Senator Pope: A BILL TO AMEND SECTION 9-1-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF TEACHERS AND OTHER SCHOOL EMPLOYEES WHICH IS CONSIDERED EARNABLE COMPENSATION FOR THE PURPOSES OF MAKING CONTRIBUTIONS TO THE STATE RETIREMENT SYSTEM AND THE REQUIRED CONTRIBUTIONS AND DEDUCTIONS THEREON, SO AS TO PROVIDE THAT INCENTIVE PAY OF TEACHERS, PRINCIPALS, AND OTHER ELIGIBLE STAFF IS PART OF THEIR BASE SALARY FOR PURPOSES OF COMPUTING THEIR RETIREMENT BENEFITS, AND TO PROVIDE FOR THE MANNER IN WHICH EMPLOYEE AND EMPLOYER CONTRIBUTIONS ON THIS INCENTIVE PAY MUST BE MADE.

Read the first time and referred to the Committee on Finance.

S. 1282 -- Senators Nell W. Smith, Courson, Mullinax, Moore, Russell, Pope and Macaulay: A BILL TO AMEND SECTION 20-7-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND ADVISORY BOARDS TO THE COUNTY DEPARTMENTS OF SOCIAL SERVICES, SO AS TO PROVIDE THAT A PROFESSIONAL FROM ANOTHER COUNTY MAY SERVE ON A COUNTY'S ADVISORY BOARD IF NO PROFESSIONAL IN THE COUNTY COULD BE RECRUITED TO SERVE, TO DIRECT THE STATE DEPARTMENT OF SOCIAL SERVICES TO ENSURE THAT COUNTY ADVISORY BOARDS ARE CONSTITUTED PROPERLY, AND TO DEVELOP A PROTOCOL TO BE APPROVED BY THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN FOR REFERRAL OF CASES TO THE ADVISORY BOARDS.

Read the first time and referred to the General Committee.

S. 1283 -- Senators Bryan, Hinds and Courtney: A BILL TO AMEND SECTION 5-3-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD OF ANNEXATION BY A MUNICIPALITY, SO AS TO SUBSTITUTE ELECTORS INSTEAD OF FREEHOLDERS IN THE PETITION PROCEDURE; AND TO REPEAL SECTIONS 5-3-20, 5-3-50, 5-3-60, 5-3-70, 5-3-80, 5-3-160, 5-3-170, 5-3-180, 5-3-190, 5-3-200, AND 5-3-230 RELATING TO THE FIFTY PERCENT AND TWENTY-FIVE PERCENT FREEHOLDER INITIATED METHODS OF ANNEXATION WHICH HAVE BEEN DECLARED UNCONSTITUTIONAL BY STATE AND FEDERAL COURTS.

Read the first time and referred to the Committee on Judiciary.

S. 1284 -- Senators Wilson, Peeler, Thomas, Setzler and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.

Read the first time and referred to the Committee on Judiciary.

S. 1285 -- Senators Nell W. Smith, Matthews, Setzler, Russell, Mullinax, Macaulay, Moore, Courson, Patterson and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-35 SO AS TO ESTABLISH THE COLLABORATION COUNCIL FOR CHILDREN TO PROVIDE A MECHANISM FOR PLANNING, COORDINATING, AND ENHANCING SERVICES TO CHILDREN CONCERNING THE MENTAL, PHYSICAL, SOCIAL, VOCATIONAL, ECONOMIC, AND EDUCATIONAL ASPECTS OF THEIR LIVES.

Read the first time and referred to the Committee on Medical Affairs.

S. 1286 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1438, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1287 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1288 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO WAREHOUSE SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1289 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO PUBLIC WEIGHMASTER LAW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1436, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.

Senator POPE spoke on the Bill.

Read the first time and ordered placed on the Calendar without reference.

H. 4389 -- Reps. Wells, Beatty, Bruce, Cole, Kempe, Littlejohn, Lanford and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.

THIRD READING BILLS

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.

S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.

S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were passed and ordered to a third reading:

S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Amended and Read

H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

The Senate proceeded to a consideration of the Bill. The question being second reading of the Bill.

Senator GILBERT proposed the following amendment (BR1\2073.AC), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 2 of Act 197 of 1991 is amended to read:

"Section 2. The commissioners serving on the Board of Commissioners of the Marion County Hospital District on this act's effective date continue to serve until July 1, 1991, and until their successors are appointed and qualify as provided for in this act. Initial terms for the commissioners established by this act begin July 1, 1991, and are for four years except for ending at the end of the hospital's fiscal year in the year the term expires. The initial appointments which must be for staggered terms are as follows: two commissioners shall serve for one year; two commissioners shall serve for two years; two commissioners shall serve for three years; and three commissioners shall serve for four years. In making these initial appointments, the delegation shall designate the length of the initial term for each commissioner. All terms subsequent to the initial terms begin at the beginning of the hospital's fiscal year in
the year in which the term begins and expires at the end of the hospital's fiscal year in the year in which the term ends."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator GILBERT, H. 4308 was ordered to receive a third reading on Wednesday, February 12, 1992.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (NO5\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of May 22, 1991.

On motion of Senator DRUMMOND, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 6B

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 6B (RES494.63):

Amend the bill, as and if amended, by adding the appropriately numbered Section to read as follows:

/SECTION . Article 3, Chapter 11, Title 57 of the 1976 Code is amended to read:

"Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth:

(1) `Fiscal year' means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.

(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29, Title 12.

(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09 cents per gallon tax imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12, except Section 12-27-240. In the event that by legislation enacted subsequent to July 1, 1977, the tax imposed by Section 12-27-230 shall be increased to more than 8.09 cents per gallon, then in such event all of such increase shall be embraced within the definition `gasoline tax' as used in this section unless in the initial enactment subsequent to July 1, 1977, the General Assembly shall prescribe some other use for all or some portion of such increase in such tax.

(4) `Highway commission' `Commission' shall mean that agency of government now composed in accordance with the provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the State Highway and Public Transportation Commission commission pursuant to the provisions of Chapter 3, Title 57.

(5) `Highway construction purposes' shall mean the construction of roads now or hereafter made a part of the State state highway system, or the reconstruction and improvement of highways now or hereafter made a part of the State state highway system.

(6) `Motor vehicle license tax' shall mean the annual tax imposed upon the owner of every motor and other vehicle pursuant to the provisions of Articles 5, 7, 21 and 25, Chapter 3, Title 56.

(7) `Road tax' shall mean the road tax imposed on motor carriers pursuant to Chapter 31, Title 12.

(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax, the road tax and the motor vehicle license tax.

(9) `State board' shall mean the State Budget and Control Board of South Carolina.

(10) `State highway bonds' shall mean all general obligation bonds of the State of South Carolina designated as State state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.

Section 57-11-220. Whenever it shall become necessary that moneys be raised for highway construction purposes, or construction and equipment of headquarters administrative facilities, including moneys to be used to refund any State highway bonds then outstanding, the Highway and Public Transportation Commission may make request to the State Board for the issuance of State highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the Highway and Public Transportation Commission. Such request shall set forth (on the face thereof or by schedules attached thereto):

(1) The amount then required for highway construction;

(2) A tentative time schedule setting forth the period of time during which the sum requested will be expended.

(3) A debt service table showing the annual principal and interest requirements for all State highway bonds then outstanding.

(4) The amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and

(5) The amount as estimated by the Highway and Public Transportation Commission which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the State highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the Highway and Public Transportation Commission shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year. State highway bonds issued for the purpose of highway construction or other such purposes of the department as the General Assembly may authorize shall be issued in accordance with the provisions of Chapter 17 of Title 11 of the 1976 Code, as amended, and Chapter 47 of Title 2 of the 1976 Code, as amended.

Section 57-11-230. Following the receipt of any request pursuant to Section 57-11-220, the State Board shall review the same and to the extent that it shall approve such request, it shall be empowered, by resolution duly adopted, to effect the issuance of State highway bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as amended.

Section 57-11-240. The outstanding aggregate principal indebtedness on account of State The maximum annual debt service on general obligation bonds issued or outstanding as state highway bonds shall not exceed the debt service limits established in Article X, Section 13 of the South Carolina Constitution one hundred fifty million dollars, exclusive of a maximum of seven million dollars of bonds that are hereby authorized for construction and equipment of headquarters administrative facilities. The limitation herein imposed shall not be deemed to be an obligation of the contract made between the State and the holders of bonds issued pursuant to this article, and the limitation herein imposed may be enlarged or reduced from time to time by acts amendatory hereof. Within such limitations State state highway bonds may be issued from time to time under the conditions prescribed by this article and as authorized under Section 2-7-105 of the 1976 Code, as amended.

Section 57-11-250. For the payment of the principal of and interest on all State state highway bonds (whether now outstanding or hereafter issued), there shall be pledged the full faith, credit and taxing power of the State of South Carolina and in addition thereto, but subject to the limitations hereafter set forth, all of the moneys derived from taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code the sources of revenue. All moneys realized from the sources of revenue which may be forthwith used by the State Treasurer, without further action of the Highway and Public Transportation Commission commission, for the payment of the principal and interest of State state highway bonds, as the same respectively mature.

Section 57-11-260. All revenue received from the sources of revenue during each fiscal year shall be discharged from the pledge made by Section 57-11-250 when payment, or provision for payment, has been made for all installments of principal or interest of all State highway bonds maturing in such fiscal year, and thereafter such moneys may be applied as hereinafter provided.

Section 57-11-270. The pledge of moneys monies derived from the sources of revenue set aside in the state highway bond fund shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue, except that, so long as any State state highway bonds shall be outstanding, the gasoline tax shall be not less than the amount needed to fund the general operations budget of the department in addition to the tax levied and collected under the provisions of Section 12-27-1210 through 12-27-1240 of the 1976 Code, as amended greater of 5.67 per gallon, or the larger amount to which it shall be raised by legislation enacted subsequent to January 1, 1973, the fuel oil tax shall be not less than eight cents per gallon, the road tax not less than eight cents per gallon, and the schedule of motor vehicle license tax shall not be revised in such fashion as to reduce the aggregate to be received therefrom.

Section 57-11-280. In order to effect the issuance of bonds pursuant to this article, the State Board may adopt a resolution providing for the issuance of State state highway bonds and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver State state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the following:

(1) The the amount, denomination and numbering of highway bonds to be issued;

(2) The the date as of which the same shall be issued;

(3) The the maturity schedule for the retirement of such State state highway bonds;

(4) The the redemption provisions, if any, applicable to such bonds;

(5) The the maximum rate or rates of interest the bonds shall bear which shall not be in excess of that permitted by Act 423 of 1969 as now constituted or as hereafter amended;

(6) The the purposes for which the bonds are to be issued;

(7) The the occasion on which bids shall be received for the sale of such bonds;

(8) The the form of advertisement of sale;

(9) The the form of the bonds of the particular issue; and

(10) Such such other matters as may be deemed necessary in order to effect the sale, issuance and delivery thereof.

Such resolution shall further set forth a finding on the part of the State Board that the revenues credited to the state highway bond fund actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded one hundred fifty percent of the maximum annual debt service requirements for all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding and that the estimate made by the Highway and Public Transportation Commission commission and approved by the State Board indicates that collections from the sources of revenue in the then current and in applicable future fiscal years, will not be less than one hundred fifty percent of maximum annual interest and principal requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding.

Section 57-11-290. If following a presentation of a certified copy of the resolution of the State Board it shall appear to the satisfaction of the Governor and the State Treasurer that:

(a) The the amount of revenues derived from the sources of revenue, during the preceding fiscal year, did in fact exceed one hundred fifty percent of the maximum annual principal and interest requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding; and

(b) That the estimated collections from the sources of revenue in the then current and in applicable future fiscal years, will be not less than one hundred fifty percent of the maximum annual debt service requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding, then the Governor and State Treasurer shall be empowered to issue bonds in accordance with the request of the resolution of the State Board.

Section 57-11-300. State highway bonds shall be issued in such form and with such provisions as to time, place or places and medium of payment as may be determined by the State Board, subject to the provisions of this article.

Section 57-11-310. State highway bonds shall each be in the denomination of one thousand dollars or some multiple thereof.

Section 57-11-320. State highway bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and such principal, or both principal and interest, as the case may be, thus made payable to the registered holder, subject to such conditions as the State Board may prescribe. State highway bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.

State highway bonds may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Board shall prescribe. Such fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.

Section 57-11-330. State highway bonds shall bear interest, payable on such occasions as shall be prescribed by the State Board, at a rate or rates not exceeding the maximum prescribed by Act No. 423 of 1969, as such act is now constituted or as such act may hereafter be constituted following amendment or revision thereof. Each issue of State state highway bonds shall mature in annual series or installments, the first of which annual series or installments shall mature not more than two years after the date of the bonds and the last of which shall mature not more than twenty-five thirty years after such date. Such installments or series may be equal or unequal in amount. State highway bonds may, in the discretion of the State Board, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. State highway bonds shall not be redeemable before maturity unless they contain a statement to that effect.

Section 57-11-340. All State state highway bonds issued under this article, and the interest thereon, shall be exempt from all State state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate or transfer taxes.

Section 57-11-350. All state highway bonds issued under this article must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. All coupons that may be attached to state highway bonds must be authenticated by facsimile signature of the State Treasurer who is in office on the date which the state highway bonds bear or on the date on which the state highway bonds are converted into coupon bonds. State highway bonds so executed and authenticated are valid notwithstanding any changes in officers or seal occurring after the execution or authentication.

Section 57-11-360. State highway bonds may be privately placed as an investment of the State Retirement System, if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Board.

Otherwise, State state highway bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of State state or municipal bonds. The bonds shall be awarded to the highest bidder at a price of not less than par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.

For the purpose of bringing about successful sales of such bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of State state or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.

Section 57-11-370. It shall be lawful for all executors, administrators, guardians and other fiduciaries and all sinking fund commissions, including the State Budget and Control Board of South Carolina in its capacities as trustee of the funds of the South Carolina Retirement System and as manager and administrator of other State state sinking funds, to invest any moneys monies in their hands in State state highway bonds.

Section 57-11-380. The proceeds of the sale of State state highway bonds shall be received by the State Treasurer and applied by deposited to the credit of the state highway bond fund account him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.

Section 57-11-390. The proceeds derived from the sale of State state highway bonds shall be applied only to the purposes for which the bonds are issued.

Section 57-11-400. There is established a separate and distinct state highway bond fund and a state highway bond fund debt service account. The revenue derived from the tax levied by Section 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be remitted to the State Treasurer to be credited to the state highway bond fund debt service account. The state highway bond fund and the state highway bond fund debt service account must be separate and distinct from the state general fund and other highway funds. The proceeds of all issuances of state highway bonds must be deposited to and must remain part of the state highway bond fund. All earnings on investments of any monies deposited to the credit of the state highway bond fund and the state highway bond fund debt service account must accrue to and be deposited in the respective account. Money from the state highway bond fund may be expended only for the purposes delineated in the resolution authorizing the issuance. The State Highways and Public Transportation Commission commission is authorized to make a request to the State Budget and Control Board for the authority to issue up to one hundred twenty-five million dollars in additional bonds pursuant to the this chapter provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be used exclusively for the Strategic Highway Plan for Improving Mobility and Safety Program. and These these bonds must be retired over a twenty-year thirty-year period from revenue generated by the additional taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code."

SECTION . Whenever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in the Code of Laws of South Carolina, it shall mean Highway Bond Fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION . Sections 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1290, and 12-27-1300 are repealed.

SECTION . Upon the effective date of this act, the commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the commission shall prepare a written report that details all such projects including the approximate location of the project and the estimated cost of completing such projects. The commission must issue this written report to the Joint Bond Review Committee and the Budget and Control Board. All funds not approved by the commission for the continuation of construction projects shall be transferred to the highway bond fund as established in Section 57-11-400 and all funds approved by the commission for the continuation of construction projects shall be transferred to the state highway fund to be used for the completion of such projects.

SECTION . Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years. State highway bonds may be authorized by the General Assembly in even-numbered years."

SECTION . Item (a) of Section 11-17-10 of the 1976 Code is amended to read:

"(a) The term `bonds' shall mean general obligation bonds payable from ad valorem taxes, general obligation bonds additionally secured by any pledge of any assessments, or any pledge of revenues derived by the borrower from any revenue-producing facility, bonds payable solely from the revenues of any revenue-producing facility, and bonds payable solely from any assessments. The term `bonds' shall also include state highway bonds as defined pursuant to the provisions of Item (10) of Section 57-11-210 of the 1976 Code, as amended."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

OBJECTION

At 1:15 P.M., Senator WILLIAMS asked unanimous consent, with Senator PASSAILAIGUE retaining the floor, to make a motion that the Senate recede from business until 2:30 P.M.

Senator HOLLAND objected.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator HOLLAND spoke on the amendment.

Senator HOLLAND asked unanimous consent to make a motion that the Bill be recommitted to the Committee on Transportation, retaining its place on the Calendar in the status of Adjourned Debate.

Senator LOURIE spoke on the motion.

Senator LOURIE moved to table the motion to recommit the Bill.

Senator LOURIE withdrew the motion to table.

Senator LOURIE spoke on the motion to recommit the Bill.

Senator HOLLAND withdrew the motion to recommit the Bill to the Committee on Transportation.

Debate was interrupted by recess.

RECESS

At 1:24 P.M., on motion of Senator LOURIE, the Senate receded from business until 2:45 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:52 P.M. and was called to order by the PRESIDENT.

Point Of Quorum

Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Thomas Washington
Williams Wilson

The Senate resumed.

RECALLED AND ADOPTED

S. 1278 -- Senator Helmly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, ALSO KNOWN AS SANTEE COOPER, FOR FIFTY YEARS OF EFFICIENT, RELIABLE, AND DEDICATED SERVICE THAT HAS IMPROVED THE QUALITY OF LIFE IN SOUTH CAROLINA.

On motion of Senator HELMLY, with unanimous consent, the Resolution was recalled from the Committee on Labor, Commerce and Industry and taken up for immediate consideration.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

Motion Adopted

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to proceed to an election of a member to the State Reorganization Commission on Wednesday, February 12, 1992, at 11:30 A.M.

CONSIDERATION INTERRUPTED, THE BILL REMAINS

IN ADJOURNED DEBATE STATUS

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 6B, (RES494.63), proposed by Senators PASSAILAIGUE, McCONNELL and ROSE.

MOTION WITHDRAWN

Senator WILLIAMS asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 16 proposed by Senator LOURIE.

Senator J. VERNE SMITH spoke on the motion.

Senator WILLIAMS withdrew the unanimous consent request.

Senator LOURIE spoke on Amendment No. 6B.

Leave Of Absence

Senator MOORE requested at 3:10 P.M. and was granted a leave of absence for the remainder of the day.

Leave Of Absence

On motion of Senator THOMAS, at 3:10 P.M. Senator STILWELL was granted a leave of absence for the remainder of the day.

Senator LOURIE argued contra to the adoption of Amendment No. 6B.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator LAND spoke on the amendment.

Leave Of Absence

Senator GIESE requested and was granted at 3:45 P.M. a leave of absence until 6:00 P.M. today.

Senator LAND continued arguing in favor of the adoption of Amendment No. 6B.

Leave Of Absence

Senator WILLIAMS requested and was granted at 4:00 P.M. a leave of absence for the remainder of the day.

Senator LAND continued arguing in favor of the adoption of the amendment.

Leave Of Absence

Senator SHEALY requested and was granted at 4:20 P.M. a leave of absence for the remainder of the day.

ACTING PRESIDENT PRESIDES

At 4:22 P.M., Senator MARTIN assumed the Chair.

Senator LAND argued in favor of the adoption of the amendment.

Senator HOLLAND spoke on the amendment.

Senator HOLLAND asked unanimous consent to make a motion to recommit the Bill to the Committee on Transportation, retaining its place on the Calendar in the status of Adjourned Debate.

Senator LOURIE argued contra to the motion.

Senator PASSAILAIGUE spoke on the motion.

PRESIDENT PRESIDES

At 4:45 P.M., the PRESIDENT assumed the Chair.

Senator HINDS spoke on the motion.

OBJECTION

Senator PASSAILAIGUE asked unanimous consent to substitute an amendment for Amendment 6B.

Senator MULLINAX objected.

Senator ROSE argued in favor of the adoption of the amendment.

The question then was the motion to recommit the Bill.

Senator SETZLER moved to table the motion to recommit.

Senator LAND, with unanimous consent, was granted leave to address the body with brief remarks.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 15

AYES

Bryan Courson Courtney
Drummond Hayes, R.W. Leatherman
Leventis Lourie Martschink
McConnell O'Dell Passailaigue
Peeler Reese Rose
Russell Setzler Shealy
Smith, J.V. Thomas Wilson

TOTAL--21

NAYS

Carmichael Fielding Gilbert
Helmly Hinds Hinson
Holland Land Macaulay
Matthews McGill Mullinax
Pope Saleeby Washington

TOTAL--15

The motion to recommit was laid on the table.

The question then was the adoption of Amendment No. 6B.

Senator LOURIE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 16

AYES

Bryan Carmichael Courson
Drummond Hayes, R.W. Hinds
Leatherman Lourie Macaulay
McGill Mullinax O'Dell
Pope Reese Russell
Saleeby Setzler Shealy
Thomas Wilson

TOTAL--20

NAYS

Courtney Fielding Gilbert
Helmly Hinson Holland
Land Leventis Martschink
Matthews McConnell Passailaigue
Peeler Rose Smith, J.V.
Washington

TOTAL--16

The amendment was laid on the table.

Consideration was interrupted by adjournment.

The Bill remained in Adjourned Debate Status.

ADJOURNMENT

At 5:10 P.M., on motion of Senator BRYAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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