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 the words of St. Paul to the Corinthians (I Cor. 12:31-13:1) (NRSV):
"But strive for the greater gifts.
And I will show you a still more excellent
way.
If I speak in the tongues of mortals
and angels, but do not have love,
I am a noisy gong, or a clanging cymbal."
Let us pray.
Dear Lord, in our human relationships we don't make progress fast.
Grant that in our struggles of the twentieth century we may remember the words and feel the spirit of Lincoln's Second Inaugural Address, March 4, 1865, when he said:
"With malice toward none; with charity for all;
With firmness in the right, as God gives us
to see the right,
Let us strive on to finish the work we are in;
To bind up the nation's wounds, to care for
him who shall have borne the battle, and for
his widow and his orphan--- to do all
which may achieve and cherish a just and
lasting peace among ourselves and with all
nations."
Amen, so help us, Lord!
On motion of Senator STILWELL, 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 GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE 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 Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 26, 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,
David M. Beasley
Initial Appointment, Director of the Department of Labor, Licensing and Regulation, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:
Mr. Lewis F. Gossett, Director, Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S.C. 29211 VICE Virgil W. Duffie, Jr. (resigned)
Referred to the Committee on Labor, Commerce and Industry.
February 1, 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,
David M. Beasley
Initial Appointment, Executive Director of the South Carolina Department of Revenue and Taxation, with term to commence February 1, 1995, and to expire at the pleasure of the Governor:
Mr. Burnet R. Maybank, III, 655 Old Plantation Road, Charleston, S.C. 29401
Referred to the Committee on Finance.
The following was received:
Document No. 1763
Promulgated by Board of Pharmacy, Department of Labor, Licensing and Regulation
Annual License Renewal Fee
Received by Lt. Governor May 13, 1994
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn February 8, 1995
Senator BRYAN introduced Dr. Theodore Watson of Greenville, S.C., Doctor of the Day.
At 1:15 P.M., Senator LANDER requested a leave of absence for the balance of the day.
Senator GREGORY rose to a Point of Personal Interest.
Mr. President, Ladies and Gentlemen of the Senate:
I rise today not to criticize the Senate, but to express my concern over the direction we are heading and our lack of accomplishment to date.
Last year was a slow year for the Senate. We did not get much done. I thought that maybe it was just an off year. I thought this year would be different. Unfortunately, it has not been.
It is as though the Senate is an old car on a cold morning. We just can't seem to get going.
We are six weeks into the session and what have we accomplished? Only the expulsion of one of our members; that is all.
What prompted me to make these remarks was a request by a friend for me to speak on March 1st to the Lancaster Rotary Club about what the Senate has done to date. That talk could be the shortest since Churchill's "Never Give Up" speech.
What makes our lack of accomplishment even more perplexing is that last year legislation was introduced, and, subsequently, voted down, which would have shortened the session. These who voted against it stated there would be "no way we could get our work done" if the session was shortened. Yet, we meet for a longer session than any other southern state. Why is that?
The fact of the matter is that we couldn't get our work done if we met all year. The reason being is that we don't work while we are in session in the Chamber. You know, the motion to go to lunch is the highest motion in this body. It seems that we can never get down to business because there is always a lunch meeting to attend with a special interest group. If lunch is that important, then we should start meeting at 2:00 like the House does.
I'm on five standing committees in this Senate. Only two of those committees have ever met. If the committees are not going to even meet, what is the purpose of us being here?
And I'm not even the person who should be giving this speech. I'm just a middle of the pack freshman. If the Senate were a baseball team, I would be a utility infielder.
However, my father told me when I came down here to do what I thought was right and to stand up for what I believed in. Everybody is talking about our lack of initiative and someone needs to stand up and say something about it.
I believe that the Senate needs to decide what its role is going to be. Are we indeed the Upper Chamber, or are we going to be content to become just a backstop for House legislation? Think about it. Virtually all major legislation last year and this year has come from the House. The Crime Bill, Truth-in-Sentencing, Tax Reform, Welfare Reform all came from the House. So the question is: Are we going to be proactive or simply reactive?
The Senate can do good work if we set our minds to it. Take, for instance, the Battle Flag compromise we passed last year. It was tough to do. It took long hours of work in this Chamber. We did not hammer out that plan by meeting in one-hour sessions. We did it by debating the issue into the night on several consecutive days.
I know, the Senate is supposed to be a counter balance for the House. The House is supposedly a "legislative racetrack." Nevertheless, there is a difference between being a counterbalance and dead weight. We are supposed to be the "deliberative body," and that is good. However, it is easier to turn around a battleship in Harbor Town than to bring about change on the floor of this Chamber. The crux of the matter is that it is fine to be deliberate. The problem with the Senate, though, is that we never seem to deliberate to a point of conclusion.
The House is making us look foolish. They have 35 new members over there. Yet, they are accomplishing things. If you don't believe me, pick up the newspaper, watch "Statehouse Week." The Senate is in danger of becoming a pariah, and I didn't come here to become a pariah.
To win my seat I had to walk to over 5,000 houses over 1,000 square miles. I walked down and back a 25-mile highway going to every house in 100 degree heat. That's what I had to do to beat a 20-year incumbent. I didn't do that to get Senate license tag #36. I did it because I wanted to help bring about change. I wanted to serve the people of this State. The state I was born in, the state my parents were born in, the state my grandparents were born in, in places like Lancaster County, Jasper County, Colleton County, and Laurens County.
Nothing is worthwhile without sacrifice. I've never accomplished anything that I did not want to quit at one time or another.
We in the Senate need to sacrifice a little harder, push harder, and reach the potential we have for serving this State.
On motion of Senator ROSE, with unanimous consent, Senator GREGORY's remarks were ordered to be printed in the Journal.
Senator LEATHERMAN rose to a Point of Personal Interest.
Senator LEVENTIS rose to a Point of Personal Interest.
Senator DRUMMOND rose to a Point of Personal Interest.
Senator MARTIN rose to a Point of Personal Interest.
The following were introduced:
S. 495 -- Senator Saleeby: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 496 -- Senator Reese: A BILL TO AMEND SECTION 24-21-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CERTAIN OFFENDERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MAY NOT CONDUCT A PRESENTENCE INVESTIGATION BEFORE A PERSON IS CONVICTED OF A CRIME.
Read the first time and referred to the Committee on Judiciary.
S. 497 -- Senator Reese: A BILL TO AMEND SECTION 59-67-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S CONTROL OF SCHOOL BUS TRANSPORTATION, SO AS TO TRANSFER CONTROL TO THE DEPARTMENT OF TRANSPORTATION AND TO PROVIDE FOR THE ORDERLY TRANSFER OF THOSE RESPONSIBILITIES.
Read the first time and referred to the Committee on Education.
S. 498 -- Senator Reese: A BILL TO AMEND SECTION 59-67-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S CONTROL OF SCHOOL BUS TRANSPORTATION, SO AS TO TRANSFER CONTROL TO THE DEPARTMENT OF PUBLIC SAFETY AND TO PROVIDE FOR THE ORDERLY TRANSFER OF THOSE RESPONSIBILITIES.
Read the first time and referred to the Committee on Education.
S. 499 -- Senator Gregory: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.
Read the first time and referred to the Committee on Judiciary.
S. 500 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-305 SO AS TO TRANSFER THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF PUBLIC SAFETY.
Read the first time and referred to the Committee on Judiciary.
S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
Read the first time and referred to the Committee on Judiciary.
S. 502 -- Senator Passailaigue: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 AND REPEALING CHAPTER 24 SO AS TO ABOLISH THE DEFENSE OF NOT GUILTY BY REASON OF INSANITY AND CREATING GUILTY BY REASON OF MENTAL DISEASE OR DEFECT.
Read the first time and referred to the Committee on Judiciary.
S. 503 -- Senator Stilwell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
Read the first time and referred to the Committee on Judiciary.
S. 504 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 8 SO AS TO PROVIDE FOR RECALLING AND REMOVING FROM OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENT.
Read the first time and referred to the Committee on Judiciary.
S. 505 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-106 SO AS TO PROHIBIT A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR FROM USING LEGAL PROCESS TO ENFORCE THE PROVISIONS OF ANY CONSTRUCTION CONTRACT IF THE CONTRACTOR IS NOT A LICENSED CONTRACTOR.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 508 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT A PERSON FROM BEING TRANSPORTED IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Transportation.
S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.
Read the first time and referred to the Committee on Transportation.
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.
Read the first time and ordered placed on the Calendar without reference.
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.
Read the first time and ordered placed on the Calendar without reference.
S. 512 -- Senators Matthews and Williams: 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 sent to the House.
S. 513 -- Senators Matthews and Williams: 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 sent to the House.
S. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION 57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT DESIGNATE ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY WHICH RECEIVES FUNDS FROM THE SPECIAL LOCAL OPTION SALES TAX PROVIDED IN CHAPTER 37 AS A TURNPIKE.
Read the first time and referred to the Committee on Transportation.
H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.
Read the first time and referred to the Committee on Judiciary.
H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Read the first time and referred to the Committee on Judiciary.
H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.
Read the first time and referred to the Committee on Judiciary.
H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.
Read the first time and referred to the Committee on Finance.
H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
Read the first time and referred to the Committee on Judiciary.
H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Read the first time and referred to the Committee on Transportation.
H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
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.
Read the first time and referred 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.
Read the first time and referred to the Committee on Education.
H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
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.
Read the first time and referred to the Committee on Education.
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.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator SETZLER from the Committee on Education submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Senator COURTNEY explained the Bill.
S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.
S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Senator BRYAN explained the Bill.
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.
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 (PFM\7145AC.95), which was adopted:
Amend the bill, as and if amended, page 1, line 21, by deleting /May 1-5,/ and inserting /May 2-5,/.
Amend further, page 1, line 25, by deleting /a State Conference/ and inserting /the Governor's Conference/.
Amend title to conform.
Senator GIESE proposed the following amendment (330R001.WKG), which was adopted:
Amend the resolution, as and if amended, page 2, line 2, by striking the words /White House/ and inserting the word:
/Governor's/
Amend title to conform.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (BR1\18146AC.95), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 43-21-180 of the 1976 Code, as last amended by Section 1029, Act 181 of 1993, is further amended to read:
"Section 43-21-180. (A) Until the assets of Funds deposited in the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus and all earnings from the investment of monies of the trust fund credited during the previous fiscal year these funds, after allowances for operating expenses, is are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division."
(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the division.
SECTION 2. Assets in the Eldercare Trust Fund, which have been held pursuant to Section 43-21-180 of the 1976 Code, before amendment by Section 1 of this act, must be released for disbursement pursuant to Section 43-21-180 of the 1976 Code, as amended by Section 1 of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.
On motion of Senator LEATHERMAN, the Bill was referred to the local delegation.
H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
At 1:51 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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