Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3410, May 30 | Printed Page 3430, May 30 |

Printed Page 3420 . . . . . Thursday, May 30, 1996

Leaves of Absence

On motion of Senator MATTHEWS, at 4:20 P.M., Senators GLOVER and PATTERSON were granted a leave of absence for the balance of the day.

Senator MOORE spoke on the Resolution.

Amendment No. 1

Senators HOLLAND, McCONNELL and MOORE proposed the following Amendment No. 1 (5041R009.TLM), which was adopted:

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that when the Senate and House of Representatives adjourn on Thursday, May 30, 1996, to adjourn not later than 8:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 12, 1996, and on Thursday, June 13, 1996, to adjourn not later than 9:00 p.m. on Thursday, June 13, 1996, for consideration of the following matters:

(1) receipt, consideration, and disposition of conference or free conference reports;

(2) ratification of acts;

(3) consideration of vetoes;

(4) resolutions expressing sympathy or congratulations; and

(5) consideration and concurrence relating to H. 4434, H. 3201, H. 3838, H. 4469, H. 4443, H. 4706, H. 4755 and H. 4472.

(B) When each house adjourns not later than 9:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts and consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die.

(C) Each house may also provide for local session days during the period between May 30, 1996, and June 12, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation./

Amend title to conform.

Senator MOORE explained the amendment.


Printed Page 3421 . . . . . Thursday, May 30, 1996

The amendment was adopted.

Amendment No. 3

Senator GREG SMITH proposed the following Amendment No. 3 (5041R002.GS), which was not adopted:

Amend the resolution, as and if amended, page 2, by striking lines 39 through 42 and inserting in lieu thereof the following:

/Tuesday, June 25, 1996, for the consideration of vetoes and then recede not later than 5:00 p.m. to reconvene at the joint call of the Speaker of the House and the President Pro Tempore of the Senate for the exclusive purpose of consideration of bills which reapportion the election districts of the House of Representatives or Senate which is required as a result of a decision of the United States Federal Court. Upon completion of that business, the General Assembly shall stand adjourned sine die, in no event shall sine die adjournment be later than October 1, 1996./

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH explained the amendment.

Senator GREG SMITH moved that the amendment be adopted.

Senator McCONNELL argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator HOLLAND argued contra to the adoption of the amendment.

The question then was the adoption of the amendment.

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

Ayes 10; Nays 32

AYES
Bryan               Fair                Gregory
Leventis            Mescher             Rankin
Setzler             Short               Smith, G.
Wilson              
TOTAL--10


Printed Page 3422 . . . . . Thursday, May 30, 1996

NAYS
Alexander            Boan                 Cork
Courson              Courtney             Drummond
Ford                 Giese                Glover*
Hayes                Holland              Hutto
Jackson              Lander               Martin
Matthews             McConnell            McGill
Moore                O'Dell               Passailaigue
Patterson*           Peeler               Reese
Rose                 Russell              Ryberg
Saleeby              Smith, J.V.          Thomas
Waldrep              Washington*          
TOTAL--32

*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 amendment was not adopted.

Amendment No. 4

Senator LEVENTIS proposed the following Amendment No. 4 (5041R010.PPL), which was adopted:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/S. 1037, H. 3446, and H. 4704/

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.

Amendment No. 7

Senator GREG SMITH proposed the following Amendment No. 7 (5041R015.GS), which was adopted:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/H. 4861/


Printed Page 3423 . . . . . Thursday, May 30, 1996

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senator RYBERG proposed the following Amendment No. 8 (5041R017.WGR), which was withdrawn:

Amend the resolution, as and if amended, by striking lines 36 through 42 and inserting in lieu thereof the following:

/(B) When each house adjourns not later than 9:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts, consideration of vetoes, and any further consideration on a conference report or free conference report on H. 3730 and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die./

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

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

Ayes 7; Nays 30

AYES
Bryan               Drummond            Elliott
Land                Matthews            Passailaigue
Smith, G.           
TOTAL--7

NAYS
Alexander            Boan                 Cork
Courson              Courtney             Fair

Printed Page 3424 . . . . . Thursday, May 30, 1996

Giese                Gregory              Hayes
Holland              Hutto                Lander
Leventis             Martin               McConnell
Mescher              Moore                O'Dell
Peeler               Rankin               Reese
Rose                 Russell              Ryberg
Saleeby              Setzler              Short
Thomas               Waldrep              Wilson
TOTAL--30

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 4:57 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN argued contra to the adoption of the amendment.

On motion of Senator RYBERG, with unanimous consent, Amendment No. 8 was withdrawn.

Amendment No. 9

Senator ROSE proposed the following Amendment No. 9 (5041R018.MTR), which was tabled:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/S. 119/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

The question was the adoption of the Resolution.


Printed Page 3425 . . . . . Thursday, May 30, 1996

The Concurrent Resolution was adopted, ordered returned to the House with amendments.

MINORITY REPORT WITHDRAWN

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

Senator GLOVER asked unanimous consent to take up the Bill for immediate consideration.

There was no objection.

On motion of Senator GLOVER, with unanimous consent, the Minority Report was withdrawn.

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate reverted to the Morning Hour.

RETURN REQUESTED FROM THE HOUSE

RETURNED FROM THE HOUSE AS REQUESTED

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT


Printed Page 3426 . . . . . Thursday, May 30, 1996

SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

Senator MATTHEWS asked unanimous consent to make a motion to request return of the Bill from the House of Representatives.

There was no objection.

A message was sent to the House accordingly.

The Bill was returned as requested.

Senators MATTHEWS and HUTTO proposed the following amendment (S-EDUC\1375.09), which was adopted:

Amend the bill, as and if amended, on page 34, line 7, by deleting the entire line and inserting:

/ Any increase above this three mills for operations may be levied only after a /.


Printed Page 3427 . . . . . Thursday, May 30, 1996

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 15, 1996
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

Local Appointment

Initial Appointment, Lee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Carolyn H. Jackson, Route 1, Box 217, Camden, S.C. 29020 VICE Anna P. Chandler (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 16, 1996
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


Printed Page 3428 . . . . . Thursday, May 30, 1996

Local Appointment

Reappointment, Spartanburg County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, S.C. 29303-7009

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 28, 1996
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

Local Appointment

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable David C. Snow, 2548 Highway 101 South, Greer, S.C. 29651 VICE Georgia V. Anderson (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 29, 1996
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


Printed Page 3429 . . . . . Thursday, May 30, 1996

Local Appointment

Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Terri G. Warner, 107 St. Andrews Lane, Greenwood, S.C. 29646

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 29, 1996
Mr. President and Members of the Senate:

Due to the resignation of the nominee below, I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
David M. Beasley

Withdrawal of Statewide Appointment

Initial Appointment, Board of Trustees for the Children's Trust Fund of South Carolina, with term to commence June 30, 1996, and to expire June 30, 2000:

5th Congressional District:

Ms. Caryn M. Proctor, Route 1, Box 178-C, Hamer, S.C. 29547 VICE Thomas Alexander Givens

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1876
Promulgated by South Carolina Law Enforcement Division
Sex Offender Registry
Received by Lt. Governor October 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date June 19, 1996 (Revised)
(Subject to Sine Die Revision)
Resubmitted May 30, 1996


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