Printed Page 3150, May 23
| Printed Page 3170, May 23
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Printed Page 3150, May 23
| Printed Page 3170, May 23
| Senators ROSE and MESCHER asked unanimous consent that the Journal reflect that had they been present when the vote was taken on the motion to continue, they would have voted in favor of the motion to continue.
As the principal author of the Insurance Reform Bill, the only responsible thing to do was to continue the Bill and try to perfect it. It cannot pass this year and a vote to continue is a vote to clear the Calendar so other Bills can be considered and passed in the final weeks. A failure of this motion means the slot is encumbered and delay tactics can be used on this Bill to prevent the Senate from considering other legislation behind it.
I wish the Journal to reflect that I concur in the foregoing Statement by Senator McCONNELL.
Senator MOORE moved to carry over the Bill.
Senator HAYES moved to table the motion to carry over.
A roll call vote was requested.
Senator MOORE raised a Point of Order that the motion to table was out of order inasmuch as a roll call vote had been ordered.
Senator RICHTER spoke on the Point of Order and stated that the roll call had been requested but not ordered.
Senator THOMAS spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
Senator HAYES made a Parliamentary Inquiry as to whether or not the motion to table the motion to carry over the Bill was a debatable motion.
The ACTING PRESIDENT stated that the motion was not debatable.
The question then was the motion to table the motion to carry over.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Fair Hayes Leventis Matthews Peeler Reese Richter Russell Ryberg Setzler Smith, J.V. Thomas Wilson
Boan Bryan Courtney Ford Glover Holland Hutto Jackson Land Martin McConnell Mescher* Moore O'Dell Passailaigue Patterson Rankin Rose* Smith, G. Washington
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The motion to table failed.
The question then was the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Bryan Courtney Ford Glover Holland Hutto Jackson Land Matthews McConnell Mescher* Moore O'Dell Passailaigue Patterson Rankin Reese Rose* Washington
Alexander Fair Hayes Leventis Martin Peeler Richter Russell Ryberg Setzler Smith, G. Smith, J.V. Thomas Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill, S. 1142, was carried over.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator HOLLAND spoke on the Joint Resolution.
Senator HOLLAND moved to continue the Joint Resolution.
Senator RICHTER moved to table the motion to continue.
Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as the motion to continue was a higher motion than the motion to table.
The ACTING PRESIDENT sustained the Point of Order.
The question then was the motion to continue the Joint Resolution.
A roll call vote had been ordered.
Senator RYBERG made a Parliamentary Inquiry as to whether or not Senator RICHTER had been recognized to speak following the completion of the remarks of Senator HOLLAND.
The ACTING PRESIDENT stated that Senator RICHTER's desire to speak following the completion of the remarks of Senator HOLLAND was noted; however, at the time Senator RICHTER was recognized, Senator RICHTER made the motion to table the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell Mescher* Moore O'Dell Passailaigue Patterson Rankin Reese Rose* Smith, G. Smith, J.V. Washington
Alexander Boan Fair Hayes Martin Peeler Richter Russell Ryberg Setzler Thomas Wilson
The Joint Resolution was continued.
As I explained to the body, I voted to continue S. 1322 as it is a Senate Bill and if passed would not be accepted by the House except by a two-thirds vote of that body. As we are in the waning days of the session, I believe it is important that we move on to consider other legislation shortening the legislative session currently pending in the Senate and requiring only House and Senate concurring action in order to pass. Unless the body takes this most direct route to consider session shortening legislation, it will be impossible for this General Assembly to consider this most important legislation.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator WILSON spoke on the Bill.
At 7:20 P.M., Senator COURTNEY assumed the Chair.
Senator WILSON continued speaking on the Bill.
With Senator WILSON retaining the floor, Senator RYBERG asked unanimous consent to make a motion that the Senate stand adjourned.
Senator MOORE objected.
Senator WILSON spoke on the Bill.
With Senator WILSON retaining the floor, at 7:42 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed ten minutes.
At 8:05 P.M., the Senate resumed.
Senator WILSON spoke on the Bill.
Senators HAYES, WILSON, BRYAN and MOORE proposed the following Amendment No. 1 (3201R007.TM), which was adopted:
Amend the committee report, as and if amended, page 3201-1, by striking line 23 in its entirety and inserting in lieu thereof the following:
/Amend the bill, as and if amended, page 3, by striking lines 37 through 43, and continuing onto page 4, by striking lines 1 through 5 and inserting in lieu thereof:
Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.
(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A)."/
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Amend the bill, as and if amended, by deleting Section 16-17-504.
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS proposed the following Amendment No. 4 (3201R002.PPL), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 20 through 28.
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 6 (S-EDUC\3201.1), which was adopted:
Amend the bill, as and if amended, on page 1, line 37 by inserting the following:
/. This section does not prohibit school district boards of trustees from providing for a smoke free campus/.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
The House returned the Resolution with amendments.
At 8:20 P.M., Senator MARTIN assumed the Chair.
Senator McCONNELL explained the amendments.
On motion of Senator BRYAN, at 8:30 P.M., Senator J. VERNE SMITH was granted a leave of absence for the balance of the day.
Senator PATTERSON moved to recommit the Joint Resolution to the Committee on Judiciary.
Senator RYBERG moved to table the motion to recommit.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Fair Hayes Holland Leventis Martin McConnell Mescher* Moore O'Dell Passailaigue Peeler Rankin Richter Rose
Russell Ryberg Setzler Smith, G. Wilson
Ford Glover Hutto Land Matthews Patterson Washington
*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 motion to recommit was laid on the table.
On motion of Senator PATTERSON, the Joint Resolution was carried over.
Senators RYBERG and WILSON desired to be recorded as voting against the motion to carry over the Joint Resolution.
At 8:40 P.M., Senator PEELER assumed the Chair.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL
The House returned the Resolution with amendments.
Senator McCONNELL explained the amendments.
Senators HOLLAND, McCONNELL, MOORE and LEVENTIS proposed the following Amendment No. 1 (JUD0082.007), which was adopted:
Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. It is proposed that Article III, Section 9 of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the State Capitol in the City of Columbia on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives from receding for a time period not to exceed thirty days, unless this time period is extended by a majority vote. Each body by appropriate rule may provide for meetings during the legislative session as it shall consider expedient. Provided, That the However, the Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should If the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution."
Printed Page 3150, May 23
| Printed Page 3170, May 23
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