Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, there are many crises situations in the Sacred Scriptures; lift up our hearts for days like ours. Such As Exodus 14:15:
"And the Lord said unto Moses, `Speak unto the children of Israel, that they go forward." Let us pray.
Our Father, and the God of the Hebrew children, it is reassuring to read anew the wonderful story of the deliverance of the children of Israel from Egyptian bondage in the long ago and learn some lessons about faith and courage for our day.
As the Israelites were caught between Pharaoh's army and the Red Sea, their great leader, Moses, gave them their orders of the day:
First, "WAIT ON THE LORD!"
Then, "GO FORWARD!"
In this holy moment, hear the silent prayer of each one of us... then... let us go with your blessing.
Amen.
The PRESIDENT called for Positions, Memorials, Presentations of Grand Juries and such like papers.
Senator GIESE introduced Dr. Nelson Weston of Columbia, South Carolina, Doctor of the Day.
On motion of Senator McCONNELL, at 11:20 A.M. Senator MACAULAY was granted a leave of absence until his arrival today.
S. 176 -- Senators Land, Leventis and Reese: A BILL TO AMEND SECTION 47-13-1310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO EQUINE INFECTIOUS ANEMIA, SO AS TO REVISE THE DEFINITIONS OF "HORSE" AND "REACTOR"; TO AMEND SECTION 47-13-1315, AS AMENDED, RELATING TO PROGRAMS TO CONTROL EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE FOR TESTING IN ANY CHANGE OF OWNERSHIP; AND TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO THE TESTING REQUIREMENT BEFORE A HORSE MAY ENTER THE STATE, SO AS TO CHANGE THE TIME REQUIREMENT FOR A NEGATIVE TEST.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 177 -- Senators Land and Leventis: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYEE PAY BOTH THE EMPLOYEE AND EMPLOYER COST OF HEALTH AND DENTAL INSURANCE.
Read the first time and referred to the Committee on Finance.
S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
Read the first time and referred to the Committee on Finance.
S. 179 -- Senator Drummond: A BILL TO AMEND SECTION 50-3-316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE AND PROVIDE FOR EMPLOYMENT OF THE HIGHEST SCORING CANDIDATES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 180 -- Senators Wilson and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE ALSO THAT NO APPORTIONMENT OF SENATORS MAY TAKE EFFECT UNTIL THE GENERAL ELECTION WHICH SUCCEEDS THE APPORTIONMENT; PROPOSING AN AMENDMENT TO THE CONSTITUTION BY ADDING SECTION 5A TO ARTICLE III SO AS TO PROVIDE FOR APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES AND THE SENATE BY THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION WHEN THE GENERAL ASSEMBLY FAILS TO APPORTION THE BODIES BY CERTAIN DATES AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VII OF THE CONSTITUTION, RELATING TO ARRANGEMENT BY THE GENERAL ASSEMBLY OF COUNTIES INTO JUDICIAL CIRCUITS AND CONGRESSIONAL DISTRICTS AND PRECINCTS, SO AS TO PROVIDE THAT IF THE GENERAL ASSEMBLY FAILS TO ARRANGE THE COUNTIES INTO CONGRESSIONAL DISTRICTS BY THE FIRST DAY OF JULY FOLLOWING THE CENSUS REQUIRED BY SECTION 3 OF ARTICLE III THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION SHALL MAKE THE ARRANGEMENT; AND PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION BY ADDING SECTION 15 SO AS TO CREATE THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION AND TO PROVIDE ITS POWERS AND DUTIES.
Read the first time and referred to the Committee on Judiciary.
S. 181 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
Read the first time and referred to the Committee on Judiciary.
S. 182 -- Senators Hayes, Stilwell and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 13, TITLE 61 SO AS TO PROVIDE RELIEF FOR DAMAGES AGAINST LICENSEES AND PERMITTEES TO SELL REGULATED BEVERAGES WHEN AN INJURY RESULTS FROM THE OPERATION OF A MOTOR VEHICLE BY SETTING FORTH DEFINITIONS, CIRCUMSTANCES UNDER WHICH CLAIMS ARE ESTABLISHED, THE AMOUNT OF RELIEF AUTHORIZED, AND REQUIREMENTS FOR FINANCIAL RESPONSIBILITY.
Read the first time and referred to the Committee on Judiciary.
S. 183 -- Senators Courson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-115 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY OR A FORMER MEMBER WITHIN TWO YEARS OF THE END OF HIS TERM FROM BEING ELECTED TO AN OFFICE WHICH THE GENERAL ASSEMBLY ELECTS.
Read the first time and referred to the Committee on Judiciary.
S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 185 -- Senators Wilson and Russell: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, AND SECTION 33-4-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES UNDER THE BUSINESS CORPORATION ACT, SO AS TO FURTHER PROVIDE FOR THE SELECTION, RESERVATION, AND USE OF FICTITIOUS OR ASSUMED NAMES.
Read the first time and referred to the Committee on Judiciary.
S. 186 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT THE COURT IN SENTENCING A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, WHETHER OR NOT THE PERSON IS A FIRST OR SUBSEQUENT OFFENDER AND IF HE IS A RESIDENT OF THIS STATE, MAY REQUIRE AN IGNITION INTERLOCK DEVICE TO BE AFFIXED TO THE VEHICLE THE PERSON WAS DRIVING IF REGISTERED AND LICENSED IN HIS NAME OR THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE USE OF THIS IGNITION INTERLOCK DEVICE.
Read the first time and referred to the Committee on Judiciary.
S. 187 -- Senators Wilson, Thomas, Giese and Rose: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES THIRTY PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO ESTABLISHING MAJORITY VOTES.
Read the first time and referred to the Committee on Judiciary.
S. 188 -- Senator Land: A BILL TO AMEND ARTICLE 5, CHAPTER 3 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF OFFICERS, BY ADDING AN APPROPRIATELY NUMBERED SECTION, SO AS TO PROVIDE THAT ALL APPOINTMENTS MADE BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, SHALL EXPIRE ON JANUARY THIRTIETH OF EACH YEAR FOLLOWING A GUBERNATORIAL ELECTION AND TO PROVIDE FOR THE REMOVAL OF SUCH OFFICERS.
Read the first time and referred to the Committee on Judiciary.
S. 189 -- Senators Wilson and Russell: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.
Read the first time and referred to the Committee on Judiciary.
S. 190 -- Senators Courson and Wilson: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO REQUIRE ANY PRESIDENTIAL PRIMARY ELECTIONS TO BE HELD ON THE SECOND TUESDAY IN JANUARY OF PRESIDENTIAL ELECTION YEARS AND TO DELETE REFERENCES TO ABSENTEE BALLOTS FOR RELIGIOUS PURPOSES FOR SATURDAY PRIMARIES.
Read the first time and referred to the Committee on Judiciary.
S. 191 -- Senators Hayes, Waldrep, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO MAKE IT UNLAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER BY WEIGHT OF ALCOHOL, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THAT THOSE PERSONS HAVE GIVEN THEIR IMPLIED CONSENT TO CERTAIN TESTS TO DETERMINE THE ALCOHOL CONTENT OF THEIR BLOOD, TO PROVIDE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE TESTS MUST BE ADMINISTERED, AND TO PROVIDE FOR CERTAIN SUSPENSIONS OF THE DRIVING PRIVILEGES OF THOSE PERSONS WHO REFUSE TO TAKE TESTS OR WHOSE BLOOD ALCOHOL CONTENT, AS A RESULT OF THE TESTS, IS TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER.
Read the first time and referred to the Committee on Judiciary.
S. 192 -- Senator Passailaigue: A BILL TO AMEND SECTION 16-15-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR PROSTITUTION, SO AS TO ADD APPROPRIATELY NUMBERED SUBSECTIONS TO PROVIDE FOR THE FORFEITURE OF A VEHICLE OCCUPIED BY A PERSON AT THE TIME OF AND USED IN THE VIOLATION OF THE PROVISIONS OF SECTIONS 16-15-90 OR 16-15-100 WHICH PERTAIN TO PROSTITUTION AND THE UNLAWFUL ACTS ASSOCIATED THEREWITH.
Read the first time and referred to the Committee on Judiciary.
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Read the first time and referred to the Committee on Judiciary.
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Read the first time and referred to the Committee on Judiciary.
S. 197 -- Senators Hayes, Waldrep, Wilson and Martin: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURES OF PROPERTY ARISING FROM CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO DELETE THE SEPARATE MINIMUM AMOUNTS OF CONTROLLED SUBSTANCES WHICH MUST BE INVOLVED IN THE OFFENSE TO GIVE RISE TO THE FORFEITURE OF TRAILERS, AIRCRAFT, MOTOR VEHICLES, AND WATERGOING VEHICLES.
Read the first time and referred to the Committee on Judiciary.
S. 198 -- Senators Hayes, Waldrep, Wilson and Martin: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.
Read the first time and referred to the Committee on Judiciary.
S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Read the first time and referred to the Committee on Judiciary.
S. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 201 -- Senators Wilson, Bryan and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME.
Read the first time and referred to the Committee on Transportation.
S. 202 -- Senator Wilson: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO COUNTIES BY ELIMINATING CONSIDERATION OF THE LAND AREA OF A COUNTY.
Read the first time and referred to the Committee on Transportation.
S. 203 -- Senators Courson and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR CURRENT AND RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION OR USE OF THE PLATE.
Read the first time and referred to the Committee on Transportation.
S. 204 -- Senator Drummond: A CONCURRENT RESOLUTION ADOPTING THE PLAN APPROVED AND SUBMITTED BY THE STATE BUDGET AND CONTROL BOARD ADDRESSING CERTAIN ACCOUNTING AND BUDGETARY CONCERNS IN AN EFFORT TO PRESERVE THE STATE'S AAA CREDIT RATING.
Whereas, the South Carolina economy has been severely affected over the past three years by the recession that the nation has been experiencing; and
Whereas, this recession has extended over a much longer period than any other recession since World War II; and
Whereas, these conditions made revenue forecasting more difficult and less accurate than in more normal economic times; and
Whereas, the State over withholds on state income taxes which causes the State to accumulate excessive liability for income tax refunds; and
Whereas, the shortfalls in revenue have resulted in the State overspending and along with excessive withholding on state income tax, has caused the State to accumulate a GAAP deficit of approximately 250 million dollars; and
Whereas, this accumulated GAAP deficit and these budget problems caused Standard and Poor's Rating Service to place the State on CreditWatch with negative implications; and
Whereas, the State Budget and Control Board has adopted a four-part plan to address these issues and submits the plan which follows to this Honorable Body for concurrence and adoption. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the four-part plan adopted and recommended by the State Budget and Control Board to preserve and protect the State's AAA Credit Rating and to bring stability to the appropriation process is approved as follows:
(1) Change income tax withholding tables to reduce withholdings by 270 million dollars and reduce the income tax refund liability (Tax Refunds Payable) by 135 million dollars over a period not to exceed eight years.
(2) Replenish the General Reserve Fund in accordance with constitutional requirements. Additionally, beginning in Fiscal Year 1992-93, transfer funds in excess of the annual operating expenditures, if any, to the General Reserve Fund until it is fully funded, as required by statute.
(3) Request the General Assembly to appropriate the amount necessary of the Capital Reserve Fund in Fiscal Year 1993-94 to fund fully the General Reserve Fund.
(4) Beginning with the budget prepared for Fiscal Year 1994-95, request the General Assembly to limit annual appropriations to the lower of (a) actual recurring revenues for the most recent completed fiscal year plus seventy-five percent of the Board of Economic Advisors' estimated recurring revenue growth or (b) the BEA's revenue projection.
Referred to the Committee on Finance.
S. 205 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. HEYWARD PRINCE OF GREENWOOD, PRESIDENT OF THE CONNIE MAXWELL CHILDREN'S HOME.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 206 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE MR. ROBERT JACK GOULD UPON HIS RETIREMENT AS STATE FORESTER, TO THANK HIM FOR HIS DEDICATED SERVICE TO THE STATE COMMISSION OF FORESTRY, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 207 -- Senator Richter: A BILL TO AMEND SECTION 12-27-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY, SO AS TO PROVIDE FOR THE ESTABLISHMENT AND FUNDING OF THE STATE STRATEGIC HIGHWAY FUND AND THE COUNTY STRATEGIC HIGHWAY FUND.
Read the first time and referred to the Committee on Transportation.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading calendar:
S. 17 -- Senators Wilson and Lander: A BILL TO AMEND AN ACT OF 1992 BEARING RATIFICATION NUMBER R. 618, SO AS TO PROVIDE THAT ELECTIONS FOR THE SEATS OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT FIVE WHOSE TERMS EXPIRE IN 1993 AND 1994 SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF ACT 1181 OF 1974.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of Recommended Rules Changes as contained in L:\S\CLERK\OTHER\MISC\RULES.CR9. The question being the adoption of the Recommended Rules Changes.
This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between -
original document: L:\S-CLERK\OTHER\MISC\RULSCOM1.ANN
and revised document: L:\S-CLERK\OTHER\MISC\SEN01.ANN
Deletions appear as struck-through text
Additions appear as underlined text
When a question is under debate, no motion shall be entertained but
1. To adjourn.
2. To adjourn to a date and time certain.
3. To recede.
4. To take up order of the day.
3. 5. To continue.
4 6. To lay on the table.
5. 7. To postpone adjourn debate to a certain day . (Adjourn Debate.) or to adjourn debate.
6 8. To carry over.
7 9. To strike out the enacting clause.
8. 10. To commit.
9 11. To amend.
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first six eight (8) of which shall be determined, without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.
When a motion to adjourn debate is agreed to, the bill to which it applies is subject to consideration on the next legislative day if and when the Senate reaches that order of business. When a motion to adjourn debate to a date certain is agreed to, the bill to which it applies is not subject to consideration until the date so specified if and when the Senate reaches that order of business.
A motion to ratify acts may only be made by the chairman or an authorized member of the Chairmen's Executive Committee and may be made at any time.
Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of thirty minutes and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-six members of the Senate. Notwithstanding Notwith-
standing the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any reapportionment bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a close?"
And if that question shall be decided in the affirmative by twenty-nine members of the Senate, then said measure, pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.
Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.
Except for any reapportionment bill and notwithstanding the provisions of Rule 14, the Chairmans Committee shall have the right to make a motion to establish a schedule for a future date and time for the vote on any bill, motion or other matter which is in the status of interrupted debate, adjourned debate or special order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty six (26) members of the Senate and if adopted, then the bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters.
(1)
The Standing Committees of the Senate shall be as follows:
Agriculture and Natural Resources
Banking and Insurance
Corrections and Penology
Education
Ethics
Finance
Fish, Game and Forestry
General Committee (General Committee will encompass most of the relatively inactive committees, namely, Atomic and Nuclear Energy, Federal Relations, Enrolled Acts, Legislative Library, Military, Veterans Affairs, Privileges and Elections, Rural Electrification, Social Services and Local Legislation.)
Interstate Cooperation
Invitations
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
Transportation (Aviation, Highways, Railroads and Shipping.)
(2) The membership of the Ethics Committee shall be limited to six (6) as set forth in Rule 45 and the membership of the Invitations Committee shall be limited to ten (10). The membership of the above remaining committees shall not be(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18) except as otherwise provided herein. The.
(3) Members of the Senate with Seniority shall be limited to serve on not more than five Standing Committees, and members with no seniority shall be limited to serve on no more than four Standing Committees. Membership on the Committee on Ethics and the shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be a member of the majority party and five (5) shall be a member of the minority party. The Committee on Invitations are not included in limiting membership on Standing Committees.
shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.
(2) In addition to the above listed standing committees, there shall be a three (3) special committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members, the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees and the Chairmen's Executive Committee which shall be composed of six (6) members to include the five (5) most senior committee chairmen and a committee chairman to be appointed by the President Pro Tempore. The Chairman of the Chairmen's Committee and the Chairmen's Executive Committee shall in all cases be the most senior Senator serving thereon.
(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) standing committee but may chair a standing committee and a special committee concurrently.
(4) Members of the Senate shall make their committee selections at the commencement of each session following the election of Senators or at such special session called for that purpose. For the members to make their standing committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll. Each member, upon his name being called, shall select four (4) unfilled standing committees on which he wishes to serve. The roll call shall be repeated a second time with each member, upon his name being called, selecting one additional unfilled standing committee on which he wishes to serve. In the event any member is unable to be present for selection of standing committees, that member may authorize in writing any member of the Senate to make selections in his behalf. This procedure shall be followed on the first day of the session following the election of senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a standing committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee or unless the Senator is ineligible to reclaim a seat on the said committee by reason of the limitations herein set forth.
(5) No member shall chair more than one Standing Committee.
(6) The membership and chairmanship limitations set forth in this rule do not apply to the Committee on Interstate Cooperation.
(7) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(8) The members shall be elected at the commencement of each session following election of Senators, with leave to report by bill or otherwise.
(9) In the election(6) Except as otherwise provided herein, in the selection of the membership of the Senate Standing Committees, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.
(10)(7) Committee seniority shall be determined by tenure within the Committee rather than tenure within the Senate. When members with seniority transfer to a new committee their seniority will be counted ahead of newly-elected Senators.
(11)(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.
(12)(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each Committee , and then, viva voce, the other members necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of the Chairman of a Standing Committee. In all other elections a plurality of votes shall make a choice. All other committees shall be appointed by the President, unless the Senate differently directs. by a majority vote.
(13)(10) When any subject or matter shall have been referred to a Committee, any other subject or matter of a similar nature may, on motion, be referred to such Committee.
(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the Chairman of the committee of jurisdiction on the bill subject to conference. Provided that the conference committee on any resolution affecting sine die adjournment shall be appointed by the Chairmen's Executive Committee.
(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for standing and special committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional meeting may be called by individual committee chairmen.
1st and 3rd Tuesday 11:00 a.m. - The Chairmen's
Committee
Every Tuesday 3:00 p.m. - Finance and Judiciary
1st and 3rd Wednesday 9:00 a.m. - Education
3:00 p.m. - Transportation
Fish, Game, & Forestry
2nd and 4th Wednesday 9:00 a.m. - Medical Affairs
General
3:00 p.m. - Banking & Insurance
1st and 3rd Thursday 9:00 a.m. - Corrections & Penology
Agriculture & Natural Resources
2nd and 4th Thursday 9:00 a.m. - Labor, Commerce & Industry
The Ethics Committee, Interstate Cooperation Committee, Chairmen's Executive Committee and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from cancelling a Committee meeting(14) In any case where rule or law provides for ex officio membership on State boards and commissions by virtue of a chairmanship, the appropriate committee shall elect same from its membership.
When acting on considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate and, Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.
All nominations appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate as the President or the Senate may direct. Such nomination appointment shall be considered by the Committee to which the nomination is referred at its next meeting and such other meetings at the next meeting of such Committee or such other time as the Committee may determine. No unfavorable report may be made thereon unless and until an opportunity for a hearing is given the nominee. If the Committee report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in executive session upon the vote of 2/3 of the members of the committee present and voting. Any information or material provided to or developed by the committee in an executive session and any communications between a committee chairman and the appointing authority must be held confidential and only reported to the full Senate in executive session. If a committee fails to make a report within two weeks, the nomination may be recalled from the Committee by the Senate in Executive Session. on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in executive session. All committee reports on any appointments shall be made in executive session unless the Senate directs otherwise by a majority vote.
Before going into executive session, the Senate shall vote in open session on the question of whether to go into executive session. When a motion to go into executive session is agreed to, the President shall announce publicly the purpose or purposes of the executive session as specified by the member making the motion. No final action may be taken by the Senate in the executive session on appointments. For the purpose of this Rule, `final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in executive session, and the confirmation of appointments must be voted on in open session.
When the Senate rises from an Executive Session and the report of the Committee an executive session is received by the Senate, the final question on every nomination appointment shall be: "Will the Senate advise and consent to this nomination?" appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.
Messages containing nominations to the Senate appointments may be published in the Journal , when received as other messages, and the fact that a nomination an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. But When considering appointments in Executive Session, all information communicated, or remarks made by a Senator when acting upon nominations concerning the character or qualifications of the person nominated, and all votes upon any nominations, appointed and any action or failure to act on any appointment(s) shall be kept secret.
Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy , or publication as the Senate, in each instance, may order.
Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.
1. Called to Order by the President.
2. Prayer by the Chaplain.
3. Pledge of Allegiance.
4. Receipt of Communications.
5. Introduction and reference of new Bills and Resolutions.
6. Call of the Uncontested local and statewide Calendar.
7. Interrupted Debate.
8. Motion Period.
9. Adjourned Debate.
10. Special Order.
11. Call of the contested statewide Calendar.
12. Call of the contested local Calendar.
The order of business above provided for may be varied by vote of three-fourths of the Senators present and any order or business already completed may be reverted to in any Legislative day by the vote of two-thirds of the Senators present. A motion to vary the order of the day shall be in order, prior to, or at the completion of, any orders enumerated above or during the motion period and any such motion shall be decided without debate.
For the order of business designated as Interrupted Debate there shall not be more than one Bill in this status at any one time provided however, that this limitation shall not apply to the General Appropriation Bill and for. For the order of business designated as Adjourned Debate there shall not be more than two Bills in this status at any one time and for the order of business designated as Special Order there shall not be more than three (3) Bills in this status at any one time. The provisions of this paragraph shall not be waived by unanimous consent Provided that of the three (3) special order slots, one (1) shall be reserved exclusively for bills which are the subject of motions authorized and made by the Chairmens Committee. The bill occupying the slot reserved for bills made special order on motion of the Chairmens Committee shall have unique notation to call such status to the Senate's attention.
During the motion period, any nondebatable motion pertaining to the procedural business of the Senate may be made. During the motion period no Bill shall be set for consideration at a time certain unless such motion is adopted with the unanimous consent of the Senate and the motion clearly sets forth that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time When a motion is made to set a bill for special order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate provided that procedural motions, which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.
During the motion period all motions to take up Bills or Resolutions out of order for the purpose of making them special orders set a Bill or Resolution for special order on a subsequent Legislative day shall be in order and said motions shall be made considered in the priority established by the recognition by the President, of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Such motions shall be determined without debate and by two-thirds vote of the Senators present. At no time may the order of business under Rule 33 designated as Special Order contain more than three Bills and this limitation shall not be waived by unanimous consent Provided that, a motion to set a Bill for special order, when authorized and made by the Senate Chairmen's Committee, shall require a vote of a majority of the members present. During the motion period, no Bill or Resolution can be made a special order ahead of Bills or Resolutions which have already been placed in the status of adjourned debate.
If a Bill is set for special order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.
A motion to invite the House of Representatives to ratify Acts shall only be received by the President when authorized and made by the Senate Chairmen's Executive Committee.
No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws; the Governor and his Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, and Lieutenant Governor's staff, as the President of the Senate or any member or officer of the Senate may see fit to invite to a seat behind the rail. Except for sitting members of the House of Representatives, none of the persons hereinabove enumerated shall be allowed on the floor of the Senate inside the rail.
Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated shall be allowed beyond the outer doors of the Senate Antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.
The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests.
Any member who wishes to have the privilege of the area of the floor behind the rail granted to a guest shall make such request, in writing, to the Chairman of the Senate Invitations Committee not less than two weeks prior to the date for which the request is made. Upon affirmative vote of three-fourths of the membership of the Invitations Committee, the Chairman of the Committee shall present a motion to the Senate to grant is authorized to grant access to the area behind the rail for a limited period of time and with such conditions and limitations as the Chairman and/or the Committee deems appropriate. If the number of guests involved exceeds more than half of the maximum seating capacity in the area behind the rail, then the Committee shall direct that these guests be seated in the balcony.
Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written requests so specifies and the Committee approves the request. A motion to grant the privilege of the floor with such conditions as the Committee may deem appropriate. Any such motion must be adopted by a vote of two-thirds of the membership within the rail may only be made by the Chairman or Vice Chair of the Invitations Committee.
Any request to grant the privilege of the floor to address the body from the podium must be made in writing to the Chairman of the Invitations Committee two weeks prior to the date for which the request is made. Upon an affirmative vote of three-fourths of the membership of the Invitations Committee to grant such a request, the Committee must introduce a Senate Resolution to that effect. The Senate must adopt this resolution by majority vote of the entire membership.
The use of the Senate Chamber is restricted to statewide sessions of the Senate or such other meetings of the Senate or its committees as the Senate may, by Resolution, authorize. The use of the Senate Chamber for meetings by outside groups or individuals is limited to normal business hours on Monday through Friday and is prohibited unless authorized by a vote of the Senate upon a favorable recommendation of the Senate Invitations Committee. Incidental use or visitation by individuals or group tours may be authorized by the Clerk of the Senate.
Any Rule of the Senate rules or severable portion of a rule of the Senate may be suspended by unanimous consent of the Senate. Without unanimous consent one day's previous notice shall be given of a motion to suspend any of the rules and for the adoption of such a motion or severable portion thereof. A motion to suspend shall require a vote of two-thirds of the membership shall be necessary of the Senate.
Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds vote of the total membership of the Senate.
The Clerk of the Senate shall have these rules recorded in a permanent book which shall be kept at all times in the Senate Chamber. All permanent changes in the rules after they have been adopted shall be certified by the President and be recorded in the a Permanent Rule Book and certified by the Clerk of the Senate.
Action to be taken against members; indictment or information, plea of guilty or nolo contendere, or conviction regarding certain crimes; restitution of back pay and restoration to other benefits and privileges of membership
(a) If an indictment or information on a felony or offense against the election laws is filed or returned against a member of the Senate, the member indicted or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.
If the indictment or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.
(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.
(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.
If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.
(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule.
No statewide bill or resolution originating in the House of Representatives, except general and supplemental appropriation bills, shall be considered by the Senate unless such legislation is received by the Senate prior to May first of the year the Legislation was introduced. This rule shall apply only to regular sessions of the General Assembly and it may be suspended by a two-thirds vote of the total membership of the Senate.
A point of order to enforce the provisions of this rule shall be valid until the bill which is the subject of the point of order is printed and has been laid on the desks of the members in compliance with Rule 40.
Notwithstanding the provisions of Rule 44, any of the provisions of these rules shall be subject to suspension or amendment by a majority vote of the Senate until February 16, 1993.
The provisions of Rule 19, which establish the Chairmens' Committee and Chairmens' Executive Committee and those other rules or portions of rules affected by the existence or authority of the Chairmens' Committee and Chairmens' Executive Committee, may continue from year to year if, in the first session week of January of each year of the session the Senate agrees to continue such provisions by a majority vote.
If the provisions of Rule 19, which establish the Chairmens' Committee and Chairmens' Executive Committee and those other rules or portions of rules affected by the existence or authority of the Chairmens' Committee and Chairmens' Executive Committee are continued, then any provision affecting any such rules which establish or affect the composition or authority of the Chairmens' Committee and Chairmens' Executive Committee may be amended by a vote of twenty six (26) members of the Senate during that first session week of January of each year of the session.
Senator McCONNELL explained the Rules.
The Senate proceeded to a consideration of Rule 45.1.
Senator McCONNELL explained the Rule 45.1.
Senator HOLLAND moved that Rule 45.1, currently contained in L:\S-Clerk\Other\Misc\RULSCOM1.ANN, be adopted.
Rule 45.1 as contained in L:\S-Clerk\Other\Misc\RULSCOM1.ANN was adopted.
On motion of Senator HOLLAND, with unanimous consent, the Senate proceeded to a consideration of Rule 19.
Senator HOLLAND proposed the following amendment (RESRULES.011), which was adopted:
Amend the Senate Rules, as and if amended, Rule 19, by striking Item (12) and inserting a new Item (12) to read as follows:
"(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for standing and special committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional meeting may be called by individual committee chairmen.
1st and 3rd Tuesday 11:00 a.m. - The Chairmen's Committee
Every Tuesday 3:00 p.m. - Finance and Judiciary
1st and 3rd Wednesday 9:00 a.m. - Education
10:00 a.m. - Fish, Game & Forestry
3:00 p.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. - Medical Affairs and General
3:00 p.m. - Banking & Insurance
1st and 3rd Thursday 9:00 a.m. - Corrections & Penology
Agriculture & Natural Resources
2nd and 4th Thursday 9:00 a.m. - Labor, Commerce & Industry
The Ethics Committee, Interstate Cooperation Committee, Chairmen's Executive Committee and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from canceling a Committee meeting (14) In any case where rule or law provides for ex officio membership on State boards and commissions by virtue of a chairmanship, the appropriate committee shall elect same from its membership."
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
The Senate proceeded to a consideration of Rule 44.
Senator McCONNELL explained the Rule.
Senator McCONNELL moved that Rule 44, as recommended, be adopted.
Rule 44, as recommended, was adopted.
The Senate proceeded to a consideration of Rule 32.
Senator McCONNELL explained the Rule.
Senator McCONNELL moved that Rule 32, as recommended, be adopted.
Senators THOMAS and PASSAILAIGUE argued contra to the adoption of Rule 32, as recommended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Elliott Ford Glover
Holland Land Lander
Leatherman Martin McConnell
Mitchell Moore Patterson
Peeler Rankin Reese
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Waldrep Washington
Williams
Cork Courson Giese
Gregory Hayes Jackson
Leventis McGill Mescher
Passailaigue Richter Rose
Russell Thomas Wilson
Rule 32, as recommended, was adopted.
My opposition to the adoption of Rule 32 is that as proposed, the amendment: (1) continues to allow the State Senate to hold executive sessions while strictly limiting executive sessions in all other political subdivisions such as cities and counties. The Senate should not be privileged but should abide with the law that is statewide in application; and (2) the Rule would allow committees which screen candidates for appointment to go into executive session. This should be proper under well defined guidelines such as financial disclosures. However, the process of screening should be totally public with few exceptions. The proposed Rule change would close out public scrutiny of appointees.
On motion of Senator DRUMMOND, with unanimous consent, the Senate proceeded to the Election of members to the State Reorganization Commission.
S. 102 -- Senator Drummond: A SENATE RESOLUTION TO SET WEDNESDAY, JANUARY 13, 1993, AT 12 O'CLOCK NOON AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE STATE REORGANIZATION COMMISSION.
The Senate proceeded to the election of members to the State Reorganization Commission.
Senator DRUMMOND nominated Senators J. VERNE SMITH, LEVENTIS and PATTERSON to be re-elected to the State Reorganization Commission.
Senator DRUMMOND nominated Senators PEELER and WASHINGTON to be elected to the State Reorganization Commission.
Senator LAND seconded the nominations and moved that the nominations be closed and that Senators J. VERNE SMITH, LEVENTIS, PEELER, PATTERSON and WASHINGTON be elected to the State Reorganization Commission by acclamation.
The PRESIDENT announced that Senators J. VERNE SMITH, LEVENTIS, PEELER, PATTERSON and WASHINGTON were elected to the State Reorganization Commission by acclamation.
Debate was interrupted by recess.
At 1:02 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:39 P.M. and was called to order by the PRESIDENT.
Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Mitchell Moore
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson
On motion of Senator COURTNEY, at 11:20 A.M., Senator O'DELL was granted a leave of absence for today.
At 3:00 P.M., Senator HAYES requested and was granted a leave of absence for all of next week.
On motion of Senator WILLIAMS, at 3:00 P.M., Senators MITCHELL, REESE, RANKIN, LAND, WASHINGTON, ELLIOTT, WALDREP and MATTHEWS were granted a leave of absence for all of next week.
At 3:05 P.M., Senator HOLLAND requested and was granted a leave of absence for the remainder of the day.
Senator LEVENTIS rose to a Point of Privilege.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Judicial Screening Committee was ordered printed in the Journal.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas H. Pope, III, Chairman
Judicial Screening Committee
DATE: November 9, 1992
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B.L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover
Pursuant to Act No. 119, 1975 S.C. Acts 122, this committee met to consider the qualifications of a candidate being screened to serve as a retired family court judge.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to continue service to the Judiciary as a retired judge, the committee conducts such investigation of the candidate as it deems appropriate and reports its findings to the General Assembly. It is the committee's role to determine whether a candidate is qualified to sit as a judge.
Having completed the investigation as required by the act, the committee by this report respectfully submits its findings to the members of the General Assembly for their consideration.
The report consists of the Transcript of the Proceedings before the Screening Committee, held in Room 209 of the Gressette Senate Office Building on October 29, 1992, and the portions of the documents submitted by the candidate which were made part of the public record. The candidate's file includes an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and the report of a background investigation by SLED. These documents may be viewed in the office of the Judicial Screening Committee in Room 211 of the Gressette Building until two weeks after the report has been published in the Journal.
The candidate was present at the screening and testified under oath.
CHAIRMAN POPE: WELL, I'LL CALL US TO ORDER. I KNOW SOME OF YOU HAVE PLACES TO GO. I APPRECIATE EVERYBODY COMING. JUDGE, THANK YOU FOR BEARING WITH US. I HOPE WE HAVEN'T INCONVENIENCED YOU.
JUDGE GRIFFITH: NO PROBLEM. I HAVE NO PLACE TO GO.
CHAIRMAN POPE: WELL, THIS PROCEDURE IS A RATHER RELAXED ONE ANYWAY, BUT IF YOU DON'T MIND, YOU CAN COME UP AND SIT IN THE GREEN CHAIR, AND THIS WILL TAKE ABOUT 30 SECONDS PROBABLY.
(WITNESS SWORN; 10:27 A.M.)
WHEREUPON, JEFF D. GRIFFITH, JR., BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
EXAMINATION BY CHAIRMAN POPE:
Q JUDGE, YOU WERE SCREENED IN 1989, AND YOU'VE SUBMITTED THE PERSONAL DATA QUESTIONNAIRE SUMMARY TO US. IS THAT CORRECT? DOES IT NEED ANY MODIFICATION?
A NOT THAT I KNOW OF.
Q ALL RIGHT, SIR. YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE TRANSCRIPT?
A NONE WHATSOEVER.
Q WE WILL MAKE IT A PART OF THE RECORD, THEN.
1. Jeff D. Griffith, Jr.
Home Address: Business Address
P. O. Box 387 Lexington County Courthouse
Saluda, SC 29138 Lexington, SC 29072
2. He was born in Saluda County, South Carolina on October 28, 1927. He is presently 65 years old.
Social Security Number: ***-**-****
4. He was married to Margaret Mitchell on July 22, 1950. He has four children: Lynn G. Anderson, age 41 (teacher); Jeff D., III, age 37 (attorney); Julia G. White, age 35 (registered nurse); and E. Mitchell, age 34 (attorney).
5. Military Service: U. S. Navy; February, 1946 to October, 1947; Seaman First Class; 582-49-71; Honorable Discharge
6. He attended Wofford College, Spartanburg, South Carolina, September, 1945 to February, 1946 and February, 1948 to June, 1950. He completed three years at Wofford College without receiving a degree and elected to enter the University of South Carolina Law School from which he received an LLB Degree in 1952.
8. Legal/Judicial education during the past five years:
He has attended all mandatory seminars for the Family Court Judiciary.
12. Legal experience since graduation from law school:
He entered the general practice of law in Saluda, South Carolina on January 1, 1953, in the firm of Griffith & Coleman. He continued the practice of law in that firm until July 1, 1977. He was appointed Judge of the Family Court for the Counties of Edgefield, McCormick and Saluda on January 1, 1972. He served as Family Court Judge on a part-time basis and continued his practice of law in Saluda on a full-time basis until elected Family Court Judge of the Eleventh Judicial Circuit, Seat #2.
20. Judicial Office:
Family Court Judge for McCormick, Edgefield and Saluda, 1972 to 1977, and then Family Court Judge for the Eleventh Judicial Circuit beginning July, 1977 to present. (Family Court Jurisdiction)
21. Five significant Orders or Opinions Written:
(a) Dent v. Dent; 256 S.E.2d 743, Opinion 21002.
This case was regarding custody to adulterous parent.
(b) Miller v. Miller, Unpublished Opinion.
This case was regarding the payment of psychological bills as not being considered medical bills which were to be split between parents.
(c) Harvley v. Harvley, 310 S.E.2d 161, SC Reporter 279 SC 373.
This case was regarding corroboration on a divorce action for adultery.
(d) Brown v. Brown.
This case is presently being appealed. This case was of significance as it concerned the division of a law firm.
(e) Hughes v. Hughes.
This case was of significance as it concerned the UCCJA Act wherein the mother moved from Florida to South Carolina with the children.
33. His health is good. His last physical was in December of 1991, by Dr. Walter Roberts of Columbia, South Carolina.
39. Bar Associations and Professional Organizations:
Lexington County Bar
40. Civic, charitable, religious, educational, social, and fraternal organizations:
St. Paul United Methodist Church
42. Five letters of reference:
(a) J. O. Jamison, Senior Banking Executive
Assistant Vice President, Saluda County
NationsBank, P. O. Box 245, Saluda, SC 29138
(b) Frank B. Register, Jr., Esquire
110 South Lake Drive, Lexington, SC 29072
(c) Honorable Kathryn P. Butler, Clerk of Court
McCormick County
P. O. Box 86, McCormick, SC 29835
(d) Nancy M. Young, Esquire
P. O. Box 8626, Columbia, SC 29202
(e) Honorable Doris B. Holmes, Clerk of Court
Saluda County
Courthouse, Saluda, SC 29138
THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE RECORDS OF THE JUDICIAL STANDARDS COMMISSION SHOWS NO RECORD WHATSOEVER OF ANY REPRIMANDS AGAINST YOU.
THE RECORDS OF THE HIGHWAY DEPARTMENT, THE SALUDA COUNTY SHERIFF'S OFFICE, SALUDA CITY POLICE DEPARTMENT, SLED, AND F.B.I. HAVE BEEN CHECKED AND THEY ARE ALL NEGATIVE, AS ARE THE JUDGMENT ROLLS OF SALUDA COUNTY AND FEDERAL COURT RECORDS.
YOUR HEALTH IS STILL, OF COURSE, EXCELLENT OR GOOD?
A AS FAR AS I KNOW.
Q AND YOUR STATEMENT OF ECONOMIC INTERESTS SHOWS YOU HAVE NO CONFLICTS OF INTERESTS OR OBLIGATIONS. THE COMMITTEE IS SATISFIED WITH THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS THAT YOU HAVE SUBMITTED; AND WE HAVE HAD NO COMPLAINTS OR STATEMENTS, AND NO PERSONS HAVE ASKED TO BE PRESENT TO TESTIFY TODAY.
JUDGE, WE ARE PLEASED YOU'VE DECIDED YOU WANT TO CONTINUE TO CONTRIBUTE. YOU'VE DONE AN OUTSTANDING JOB OVER THE YEARS--
REPRESENTATIVE HENDRICKS: YOU SURE HAVE.
Q --AND WE HAVEN'T SEEN TOO MANY JUDGES OPT TO STAY ON. I KNOW THERE'S A LOT OF STRESS INVOLVED, BUT WE SURE APPRECIATE YOUR WANTING TO CONTINUE.
A I JUST FEEL LIKE I'M A PART OF IT, MR. POPE. AND I CAME ABOARD AS ONE OF THE FIRST ONES, AND I WANT TO WORK. I LOVE IT. I THINK WE'VE GOT ONE OF THE FINEST FAMILY COURT SYSTEMS ANYWHERE IN THIS COUNTRY. AND IF THEY NEED ME, I WANT TO WORK IF I'M ABLE TO WORK.
VICE CHAIRMAN GENTRY: JUDGE, I GUESS YOU'LL WORK--AS WE DISCUSSED AWHILE AGO--ON AN AS-NEEDED BASIS? THAT SORT OF THING?
WITNESS: WELL, THEY ALREADY ASKED ME--I GUESS THEY ASSUMED I WAS GOING TO PASS THIS SCREENING COMMITTEE. THEY ASKED ME TO WORK NOVEMBER 30TH AND DECEMBER 7TH IN RICHLAND COUNTY, AND I'M THINKING ABOUT THAT. I RETIRED YESTERDAY; WENT THIS MORNING TO PICK UP THE GREENWOOD NEWS; GOT A GRATIS FISHING LICENSE, AGE 65 FISHING LICENSE; CAME TO SCREENING THE NEXT DAY AFTER I RETIRED. AND I GUESS THEY ASSUMED I WAS GOING TO PASS, SO I'M HOPING TO GO BACK TO WORK. I JUST FEEL LIKE I'M A PART OF IT. I HAD THREE MORE YEARS ON THIS TERM, AND I WANT TO WORK SOME.
Q (BY CHAIRMAN POPE) WELL, WE APPRECIATE IT JUDGE. DO YOU HAVE ANY OTHER OBSERVATIONS OR COMMENTS YOU'D LIKE TO MAKE?
A (SHAKES HEAD.)
EXAMINATION BY VICE CHAIRMAN GENTRY:
Q I JUST WANT TO ADD, OF COURSE, AS YOU WELL KNOW, I'VE BEEN IN YOUR COURTROOM ON MANY OCCASIONS, OF COURSE. AND I WANT TO COMMEND YOU FOR THE WAY YOU HANDLE YOURSELF AND THE COURTROOM ITSELF, AS A MATTER OF FACT. I ALWAYS FELT VERY COMFORTABLE GOING INTO YOUR COURTROOM BECAUSE YOU HAVE IT UNDER CONTROL, AS A MATTER OF FACT, AND YOU'VE ALWAYS BEEN FAIR AND IMPARTIAL.
AND I JUST WANT TO THANK YOU FOR YOUR WORK, AND I APPRECIATE YOUR WILLINGNESS TO SERVE ON AN AS-NEEDED BASIS, BECAUSE THAT IS NEEDED.
A I APPRECIATE THAT. I APPRECIATE IT. I HAD A FELLOW THAT I HAD HAD IN MY COURT A NUMBER OF TIMES, AND HE'D SEEN ON THE DOOR THAT I WAS GOING TO RETIRE THE 28TH. I HAD HIM THERE FOR FAILING TO PAY SUPPORT. BIG FELLOW, AND HAD A PIGTAIL BACK HERE WITH A RUBBER BAND IN HIS HAIR. DEPUTY WAS BETWEEN ME AND THE DEFENDANT, AND HE STARTED UP TO THE BENCH LAST WEEK. AND THE DEPUTY KIND OF GAVE HIM THE ELBOW, LIKE THAT (INDICATING), DIDN'T WANT HIM TO COME AROUND. I SAID, "LET HIM COME ON UP HERE." AND HE CAME, AND HE SAID, "I JUST WANTED TO SHAKE YOUR HAND." HE SAID, "YOU'RE HARD, BUT YOU'RE FAIR." THAT MEANT SO MUCH TO ME. I CAN WALK OUT IN THE COURTYARD GROUNDS, AND I BELIEVE ANYBODY I'VE EVER PUT IN JAIL--I'M KIND OF LIKE JUDGE EPPES--I BELIEVE I COULD ALMOST SLEEP WITH THEM. I'VE TRIED TO TREAT THEM LIKE I WOULD WANT TO BE TREATED. THAT'S THE WAY I TRY TO HANDLE THINGS.
Q JUDGE, DO YOU SEE ANY PROBLEMS IN THE FAMILY COURT AREA THAT NEED TO BE CORRECTED, I GUESS, WHILE WE'RE TALKING?
A NO, ONLY THING I KNOW IS THAT IT'S GETTING BIGGER AND BIGGER AND BIGGER AND BIGGER.
Q HAVE YOU SEEN A RISE IN THE JUVENILE CASES, JUDGE?
A NO QUESTION ABOUT THAT. IT USED TO BE FAILING TO ATTEND SCHOOL, OR TRESPASS, SOMETHING LIKE THAT; NOW, IT'S MURDER, GUNS ON SCHOOL GROUNDS--THAT'S ONE PROBLEM--BURGLARY, LARCENY.
Q YES, SIR. YES, SIR, UNFORTUNATELY.
A I APPRECIATE YOU GENTLEMEN COMING OVER HERE. I CALLED BACK IN JULY TO SEE IF THEY WERE GOING TO HAVE--GEORGE MARKERT ASKED ME TO GO THROUGH SCREENING. AND SHORTLY AFTER THE ELECTION SAID, WELL, THEY DIDN'T HAVE BUT ONE MEMBER OF THE COMMITTEE LEFT--AND I BELIEVE THAT WAS YOU, MR. MCCONNELL--AND SAID DIDN'T KNOW WHAT THEY WERE GOING TO DO ABOUT SCREENING. SO I SAID, "WELL, WHEN YOU GET THE FORMS, LET ME HAVE THEM BECAUSE I WANT MY SECRETARY TO FILL THEM OUT BEFORE I RETIRE." AND SAID, WELL, THE OFFICE--THE FIRST THING, SAID THE OFFICE IS CLOSING UNTIL SEPTEMBER 3RD, SO I SAID, "WELL, WE'RE GOING TO HAVE A PROBLEM," SO WE CALLED BACK ABOUT THE 5TH AND THEY SAID, "WELL, WE DON'T HAVE BUT ONE MEMBER. DON'T KNOW WHAT WE'RE GOING TO DO." AND I WAS HOLDING COURT IN GREENVILLE, AND THEN I GOT THE FORMS--MY SECRETARY DID, MY COURT REPORTER. THEY FILLED THEM OUT, AND--LORD, THESE THINGS ARE ALMOST LIKE A SEARS & ROEBUCK CATALOG; THEY'RE GETTING THICKER AND THICKER.
YOU KNOW, THE FIRST THING I THINK HAD ECONOMIC INTERESTS AS ONE PAGE. I TOLD MY WIFE, I SAID, "I'M NOT GOING TO EVEN GO THROUGH SCREENING. I'LL WAIT AND GO IN THE SPRING." SHE SAID, "NO, NOT AFTER YOUR SECRETARY/COURT REPORTER WORKED ON IT THAT HARD. YOU'RE GOING." SO I'M OVER HERE, AND I APPRECIATE YOU GENTLEMEN.
Q THANK YOU.
A IF Y'ALL ALLOW ME TO PASS, I'LL CONTINUE TO WORK SOME.
CHAIRMAN POPE: ANYBODY ELSE?
SENATOR MCCONNELL: MR. CHAIRMAN, THE ONLY COMMENT I'VE GOT IS, I HAVE NEVER HEARD THE FIRST NEGATIVE COMMENT ABOUT THIS JUDGE, IN THE BAR OR ANYTHING.
CHAIRMAN POPE: WELL, YOU CAN GO THROUGH THE ELEVENTH CIRCUIT AND YOU WON'T HEAR A WORD ABOUT THAT.
SENATOR MCCONNELL: AND ANYBODY WHO CAN HANDLE AFFAIRS UP IN SALUDA AND NEWBERRY AND THAT AREA, KEEP THEM ALL IN LINE, I'M TELLIN' YA'.
WITNESS: I APPRECIATE THAT, GENTLEMEN. AND IF YOU DO HEAR SOMETHING NEGATIVE, LET ME KNOW. I'LL TRY TO STRAIGHTEN THEM OUT.
CHAIRMAN POPE: WE HAVE A MOTION BY MR. GENTRY THAT WE GO INTO EXECUTIVE SESSION, SO, JUDGE, IF YOU'LL BEAR WITH US ABOUT A SECOND OR TWO, YOU CAN STEP OUT.
(WITNESS STANDS ASIDE; 10:32 A.M.)
(EXECUTIVE SESSION; 10:32 A.M. TO 10:37 A.M.)
CHAIRMAN POPE: JUDGE, WE ARE PLEASED TO ANNOUNCE THAT YOU HAVE BEEN UNANIMOUSLY FOUND QUALIFIED, AND WE APPRECIATE, AGAIN, YOUR SERVICE AND LOOK FORWARD TO MANY MORE YEARS OF FRUITFUL JUDICIAL SERVICE. THANK YOU.
WITNESS: JUST WISH ME GOOD HEALTH.
CHAIRMAN POPE: THAT'S RIGHT.
(WITNESS EXCUSED.)
(WHEREUPON, AT 10:38 A.M., THE PROCEEDINGS ARE CONCLUDED.)
The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidate and unanimously finds him to be qualified to serve:
The Honorable Jeff D. Griffith, Jr., for service as a retired
family court judge.
Respectfully Submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B.L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover
The following were introduced:
H. 3102 -- Reps. Chamblee, Cooper, P. Harris, Tucker, Townsend and Stille: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANDERSON COUNTY DEPUTY SHERIFF CHRISTOPHER LEE TAYLOR, WHO DIED IN THE LINE OF DUTY ON DECEMBER 7, 1992, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3116 -- Reps. Richardson, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. WILTON GRAVES OF BEAUFORT COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3120 -- Rep. Klauber: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE CITIES OF GREENVILLE, GAFFNEY, AND ORANGEBURG FOR THEIR OUTSTANDING EFFORTS IN OVERCOMING THE DEVASTATING RESULTS OF THE ICE STORM OF LATE DECEMBER, 1992, WHICH AFFECTED A SIGNIFICANT PORTION OF THE STATE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 101 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 27, 1993.
Returned with concurrence.
Received as information.
S. 106 -- Senators Wilson, Courson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE S. GRAYSON HARTGROVE, SR., OF COLUMBIA IN RICHLAND COUNTY.
Returned with concurrence.
Received as information.
S. 107 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY ON BEHALF OF ALL THE PEOPLE OF SOUTH CAROLINA TO SENATOR STROM THURMOND WHO CELEBRATED HIS NINETIETH BIRTHDAY ON DECEMBER 5, 1992.
Returned with concurrence.
Received as information.
S. 175 -- Senators Russell, Courson, Wilson, Williams, Drummond, Stilwell and Courtney: A CONCURRENT RESOLUTION CONGRATULATING DR. WARREN H. ABERNATHY, SENIOR ADMINISTRATIVE AIDE IN THE UNITED STATES SENATE, UPON RECEIVING THE HONORARY DOCTOR OF HUMANE LETTERS DEGREE FROM VOORHEES COLLEGE.
Returned with concurrence.
Received as information.
The Senate proceeded to a consideration of the Recommended Rules Changes.
Senator McCONNELL was recognized.
The Senate proceeded to a consideration of Rule 19.
Senator McCONNELL explained Rule 19.
Senator HOLLAND spoke on Rule 19.
Senators LAND, SETZLER, MOORE, HOLLAND, SALEEBY and J. VERNE SMITH proposed the following Amendment No. 3 (RESRULES.008), which was adopted:
Amend the Rules, as and if amended, Rule 14, in the last paragraph by deleting the word /Executive/.
Amend the Rules further, Rule 19, (2), by deleting it in its entirety and inserting the following:
"(2) In addition to the above listed standing committees, there shall be a two (2) special committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmen's Committee shall be the most senior Senator serving thereon."
Amend the Rules further, Rule 19 (11), by deleting in the second sentence the word /Executive/.
Amend the Rules further, Rule 19 (12), by deleting the reference to Chairmen's Executive Committee in the last paragraph.
Amend the Rules further, Rule 33, by deleting the last two sentences of the second full paragraph.
Amend the Rules further, Rule 34 B, by deleting the following:
/Provided that, a motion to set a Bill for special order, when authorized and made by the Senate Chairmen's Committee, shall require a vote of a majority of the members present./
Amend the Rules further, Rule 34 C, by deleting the word /Executive/.
Amend the Rules further, Rule 53 B, by deleting the references to the Chairman's Executive Committee.
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
Senator MOORE moved that the amendment be adopted.
Senator J. VERNE SMITH spoke on the amendment.
The amendment was adopted.
The question then was the adoption of Rule 19, as amended.
Rule 19, as amended, was adopted.
The Senate proceeded to a consideration of Rule 34.
Senator McCONNELL explained the Rule.
Senator McCONNELL moved that Rule 34, as recommended, be
adopted.
Rule 34, as recommended, was adopted.
The Senate proceeded to a consideration of Rule 49.
Senator McCONNELL explained Rule 49.
Senator McCONNELL moved that Rule 49, as recommended, be adopted.
Rule 49, as recommended, was adopted.
The Senate proceeded to a consideration of Rule 33.
Senator ROSE proposed the following Amendment No. 4 (RESRULES.016), which was tabled:
Amend the recommended changes proposed by the Rules Committee by adding a paragraph at the end of Rule 33 to read:
"When a member has noted his or her desire to be present on a bill or resolution, after the expiration of twenty-one consecutive statewide legislative days, this notation shall not have the effect of placing the bill on the contested calendar."
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senators GIESE and McCONNELL argued contra.
Senator ROSE argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Jackson Land Lander
Leventis Martin Matthews
McConnell McGill Mitchell
Moore Passailaigue Patterson
Peeler Rankin Reese
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Waldrep
Washington Williams
Hayes Mescher Richter
Rose Thomas Wilson
The amendment was laid on the table.
Rule 33, as recommended, was adopted.
At 4:15 P.M., Senator GLOVER requested and was granted a leave of absence until 7:00 P.M.
The Senate proceeded to a consideration of Rule 15.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (RESRULES.004), which was tabled:
Amend the recommended changes proposed by the Rules Committee by deleting Rule 15 and and inserting the following:
Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of one statewide legislative day and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-nine members of the Senate. Notwithstanding the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any reapportionment bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a close?"
And if that question shall be decided in the affirmative by twenty-nine members of the Senate, then said measure, pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.
Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.
Except for any reapportionment bill and notwithstanding the provisions of Rule 14, the Chairmans Committee shall have the right to make a motion to establish a schedule for a future date and time for the vote on any bill, motion or other matter which is in the status of interrupted debate, adjourned debate or special order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty-nine members of the Senate and if adopted, then the bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters."
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LAND spoke on the amendment.
Senator J. VERNE SMITH spoke on the amendment.
Senator WILLIAMS spoke on the amendment.
Senator LEVENTIS spoke on the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Land Lander Leatherman
Martin Matthews McGill
Moore Patterson Peeler
Rankin Rose Russell
Ryberg Saleeby Setzler
Smith, G. Smith, J.V. Washington
Williams Wilson
Ford Leventis McConnell
Mescher Mitchell Passailaigue
Reese Richter Short
Stilwell Thomas Waldrep
The amendment was laid on the table.
Senator McCONNELL proposed the following Amendment No. 6 (RESRULES.009), which was adopted:
Amend the recommended changes proposed by the Rules Committee by deleting Rule 15 and inserting the following:
Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of thirty minutes and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-seven members of the Senate. Notwithstanding the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any reapportionment bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and nay vote the question:
`Is it the sense of the Senate that the debate shall be brought to a close?'
And if that question shall be decided in the affirmative by twenty-nine members of the Senate, then said measure, pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.
Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.
Except for any reapportionment bill and notwithstanding the provisions of Rule 14, the Chairmen's Committee shall have the right to make a motion to establish a schedule for a future date and time for the vote on any bill, motion or other matter which is in the status of interrupted debate, adjourned debate or special order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty-seven members of the Senate and if adopted, then the bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters."
Amend title to conform.
Senator McCONNELL moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courtney Drummond Elliott
Ford Giese Gregory
Land Lander Leatherman
Leventis Matthews McConnell
McGill Mescher Mitchell
Moore Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson
Bryan Cork Courson
Hayes Martin Ryberg
The amendment was adopted.
The Senate proceeded to a consideration of Rule 32.
Senators THOMAS, CORK, WILSON, RUSSELL, GREGORY and COURSON proposed the following Amendment No. 7 (RESRULES.021), which was referred to the Rules Committee:
Amend the Rules of The Senate as recommended by the Rules Committee, as and if amended, by striking Rule 32 and inserting:
The Senate shall not resolve itself into Executive Session except under those circumstances permitted by Section 30-4-70(a) 1-6, as amended, and then only upon a vote of two-thirds of the membership present and voting, a quorum being present. Upon resolving itself into Executive Session, the Senate Chamber and the outer rooms of the Senate shall be cleared of all persons except the members of the Senate, The Lieutenant Governor as Presiding Officer of the Senate, the Clerk of the Senate, and the Sergeant at Arms.
No action shall be taken which violates the statutory law of this State and when such action is permissible it shall only be taken upon a two-thirds vote of the membership present and voting, a quorum being present."
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator McCONNELL moved to refer the amendment to the Rules Committee.
Senator WILSON argued in favor of the adoption of the amendment.
Senator MOORE spoke on the amendment.
Senator CORK argued in favor of the adoption of the amendment.
Amendment No. 7 was referred to the Rules Committee.
Debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senator MARTIN, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. and Mrs. D. H. Davis, affectionately known as "Pete" and "Totsie" of Liberty, S.C., who died on December 31, 1992, of natural causes within minutes of each other after sixty-nine years of marriage.
At 6:07 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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