South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, January 12, 1994

(Statewide Session)

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:

Dearly beloved, hear a word of divine promise... and challenge... from the Book of the Revelation (3:8):

"I know thy works; Behold I

have set before thee an open door,

And no man can shut it."
Let us pray.

God of our fathers, You are the Alpha and the Omega, the beginning and the ending of all things.

By Your grace our people have sent us here... and laid upon us grave and heavy responsibilities for this point in time.

We thank You for the promise that when You open a door of opportunity, it shall not be shut by humankind.

We desperately need Your creative and redemptive Spirit which You gave to Moses... and Joshua... when You sent them on to the Promised Land.

Grant us, O Lord, this Spirit, that we may, in our day, fulfil our mission on this planet... in the Redeemer's Name.

Amen.

Point of Quorum

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

Call of the Senate

Senator J. VERNE SMITH 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 Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The Senate resumed.

MOTION ADOPTED

On motion of Senator STILWELL, with unanimous consent, Senators MOORE, RUSSELL, McCONNELL and MACAULAY were granted leave to attend a meeting of the Judicial Screening Committee, to be counted in any quorum calls, and to be notified of any roll call votes.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 5, 1994
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Interim Statewide Appointments

Initial Appointment, Member, State Human Affairs Commission, with term to commence July 7, 1993, and to expire June 30, 1996:

2nd Congressional District:

Mr. Robert D. Hazel, 1208 Cardinal Drive, West Columbia, S.C. 29169 VICE Ronald A. Burton (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Member, South Carolina Arts Commission, with term to commence August 30, 1993, and to expire June 30, 1995:

At-Large:

Mr. John Whitehead, Columbia Music Festival Association, 1101 Harden Street, Columbia, S.C. 29205 VICE Harold P. Moore (resigned)

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 6, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Interim Statewide Appointment

Initial Appointment, Member, State Commission on Higher Education, with term to commence December 14, 1993, and to expire July 26, 1997:

At-Large:

Mr. Ray D. Lathan, 252 South Pleasantburg Drive, Greenville, S.C. 29607-2547 VICE Harry Miley (resigned)

Referred to the Committee on Education.

REGULATIONS RECEIVED

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

Document No. 1682
Promulgated by Department of Health and Environmental Control
Hazardous Waste Management
Received by Lt. Governor December 17, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 11, 1994

Document No. 1703
Promulgated by Commissioners of Pilotage - Port of Port Royal
Pilotage - Port of Port Royal
Received by Lt. Governor January 11, 1994
Referred to Senate Committee on Transportation
120 day review expiration date May 11, 1994

Doctor of the Day

Senator GIESE introduced Dr. Nelson Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator LAND, at 11:20 A.M., Senator SALEEBY was granted a leave of absence until January 24, 1994.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1012 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO DESIGNATE THE BOUNDARIES OF YORK SCHOOL DISTRICT 1, CLOVER SCHOOL DISTRICT 2, ROCK HILL SCHOOL DISTRICT 3, AND FORT MILL SCHOOL DISTRICT 4, ALL LOCATED IN YORK COUNTY.

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

S. 1013 -- Senator Mitchell: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY AIKEN OF COLUMBIA UPON BEING CHOSEN MISS AMERICA 1994 AND TO EXTEND AN INVITATION TO MISS AIKEN TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY.

Whereas, Miss Kimberly Aiken of Columbia competed in the Miss South Carolina Pageant; and

Whereas, Miss Aiken competed against many other young talented women representing areas of the State; and

Whereas, in July, 1993, Miss Aiken was selected by a panel of judges chosen from across the country to serve as Miss South Carolina and represent the State in the Miss America Pageant; and

Whereas, the eighteen-year-old Columbia native is the daughter of Charles and Valerie Aiken; and

Whereas, she is a graduate of Columbia High School and a sophomore at the University of South Carolina; and

Whereas, Miss Aiken is the first African American chosen to represent the State of South Carolina; and

Whereas, Miss Aiken has represented the State well with her poise, grace, talent, humility, and spirit of dedicated service to mankind; and

Whereas, Miss Aiken founded the Homeless Education and Resource Organization (HERO) to provide education and assistance to help homeless people help themselves; and

Whereas, she competed against forty-nine other women representing their states and exuded beauty, confidence, maturity, intelligence, and talent; and

Whereas, her rendition of "Summertime" from Porgy and Bess during the talent segment received applause from halfway through the selection; and

Whereas, her beauty, grace, and poise were evident throughout the evening during the physical fitness and evening gown portions; and

Whereas, her dedication to helping others and her intelligence was demonstrated to the judges during the interview segment; and

Whereas, on September 18, 1993, in Atlantic City, Miss Aiken was the judges' choice for a modern Miss America; and

Whereas, she is the fifth African American to have the honor and distinction to wear the jeweled tiara representing Miss America; and

Whereas, she is the first Miss South Carolina to become Miss America since 1957; and

Whereas, she has overcome the biases against her displayed by her own fellow South Carolinians; and

Whereas, this State could benefit from her goals; and

Whereas, the members of the General Assembly want to hear her speak on the issues confronting her and the State and want to invite her to speak to a joint session at her convenience and at the convenience of the Speaker of the House and the President of the Senate. Now, therefore,

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

That the members of the General Assembly congratulate Miss Kimberly Aiken of Columbia upon being chosen Miss America 1994 and invite her to address a joint session of the General Assembly at a convenient time and date.

Be it further resolved that a copy of this resolution be forwarded to Miss America 1994, Kimberly Aiken; Mr. and Mrs. Charles Aiken, her parents; Mr. Joe Sanders, Executive Director of the Miss South Carolina Pageant and the President of the National Association of Miss America State Pageants.

Referred to the Committee on Invitations.

S. 1014 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 1994, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE AT-LARGE CIRCUIT, SEAT 2 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 2, 1994, at 12:00 noon to elect a successor to The Honorable Carol Connor of the Fifth Judicial Circuit whose unexpired term expires June 30, 1994; to elect a successor to The Honorable William T. Howell of the At-Large Circuit, Seat 2 whose unexpired term expires June 30, 1997; to elect a successor to The Honorable David F. McInnis of the Third Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable Edward B. Cottingham of the Fourth Judicial Circuit whose term expires June 30, 1994; to elect a successor to the holder of the unexpired term of The Honorable Carol Connor of the Fifth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable E.C. Burnett, III of the Seventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable James W. Johnson, Jr. of the Eighth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable William L. Howard of the Ninth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable Julius H. Baggett of the Eleventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable William P. Keesley of the Eleventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable John H. Waller, Jr. of the Twelfth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable C. Victor Pyle, Jr. of the Thirteenth Judicial Circuit whose term expires June 30, 1994; and to elect a successor to The Honorable Gerald C. Smoak, Sr. of the Fourteenth Judicial Circuit whose term expires June 30, 1994.

Referred to the Committee on Invitations.

S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.

Whereas, the issue of health care reform has received much discussion in the government policy-making arena, as well as in the national media; and

Whereas, President Bill Clinton has developed a comprehensive legislative proposal, the American Health Security Act, that he is seeking to get the United States Congress to enact, which would implement a national health care system; and

Whereas, it is imminent that some form of comprehensive health care legislation will be enacted by Congress in 1994 or thereafter, even if it is not President Clinton's American Health Security Act; and

Whereas, any such comprehensive legislation will have substantial economic impact on Americans at all levels, especially on small, private businesses; and

Whereas, such legislation also will likely place significant regulatory and administrative responsibilities and burdens on state and local governmental bodies and agencies; and

Whereas, the United States Congress has a history of exempting its members and employees from comprehensive legislation that has substantial impact on the rest of the nation; and

Whereas, the members and employees of either one or both houses of the United States Congress are exempted in whole or in part from the Americans with Disabilities Act, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, the Fair Labor Standards Act, the Freedom of Information Act, the National Labor Relations Act, and the Occupational Safety and Health Act, in addition to other enactments; and

Whereas, it does not seem fair, nor does it make sound government policy, for Congress to continuously exempt its members and employees from legislative initiatives that have such substantial impact on the rest of the nation. Now, therefore,

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

That the General Assembly of the State of South Carolina respectfully memorializes the United States Congress to include its members and employees in whatever national health care program that it passes in 1994 or thereafter.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each of the eight members of the South Carolina Congressional Delegation.

Senator LEVENTIS spoke on the Concurrent Resolution.

Referred to the Committee on Medical Affairs.

S. 1016 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-35 SO AS TO PROVIDE THAT NO PERSON WHO IS EMPLOYED BY A SCHOOL DISTRICT OF THIS STATE MAY SERVE AS A MEMBER OF THE BOARD OF TRUSTEES OF THAT SCHOOL DISTRICT, AND TO PROVIDE THAT ANY PERSON SERVING AS A MEMBER OF A SCHOOL BOARD OF TRUSTEES ON THE EFFECTIVE DATE OF THIS SECTION WHO IS ALSO EMPLOYED BY THAT SCHOOL DISTRICT MAY CONTINUE TO SERVE THE TERM FOR WHICH HE WAS ELECTED.

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

S. 1017 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

Read the first time and referred to the General Committee.

S. 1018 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT NOISE IN EXCESS OF SIXTY DECIBELS IN RESIDENTIAL AREAS AND TO PROVIDE PENALTIES.

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

S. 1019 -- Senators Reese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT LEVY A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY EXCEPT WHERE AUTHORIZED SPECIFICALLY BY GENERAL LAW.

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

S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.

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

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

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

S. 1022 -- Senator Giese: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER LICENSE PLATES, SO AS TO REDUCE THE NUMBER OF SALES TO THIRTY BEFORE DEALER LICENSE PLATES MAY BE ISSUED AND TO ABOLISH THE THREE HUNDRED DOLLAR FEE; AND TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO TRANSPORTER LICENSE PLATES, SO AS TO PROVIDE FOR USE OF TRANSPORTER LICENSE PLATES TO TRANSPORT A MOTOR VEHICLE FOR REPAIR AND TO ALLOW FOR STOPPING FOR BODILY FUNCTIONS.

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

S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

Senator MACAULAY spoke on the Bill.

Read the first time and on motion of Senator MACAULAY, with unanimous consent, ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator MACAULAY, S. 1023 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

THIRD READING BILLS

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

S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.

S. 726 -- Senator Setzler: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO REVISE THE TYPES OF TRAILERS AND CERTAIN OTHER SIMILAR TYPES OF VEHICLES WHICH QUALIFY FOR THIS MAXIMUM TAX.

Senator SETZLER explained the Bill.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 925 -- Senators Holland, Passailaigue, Ryberg, Courtney and Giese: A BILL TO AMEND SECTION 1-30-10, AS LAST AMENDED BY ACT 181 OF 1993, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AS THE PERMANENT DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.

S. 925--Ordered to a Third Reading

On motion of Senator WILLIAMS, with unanimous consent, S. 925 was ordered to receive a third reading on Thursday, January 13, 1994.

S. 951 -- Senators Setzler and Giese: A JOINT RESOLUTION TO PROVIDE FOR THE EXTENSION OF THE STIPULATED COMPLETION DATES OF CERTAIN LONG-RANGE, COMPREHENSIVE PLANS REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT UNDER SPECIFIED CONDITIONS.

S. 951--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 951 was ordered to receive a third reading on Thursday, January 13, 1994.

COMMITTED

H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Senator WILLIAMS asked unanimous consent to commit the Bill to the Committee on Judiciary.

There was no objection.

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

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION TO RECALL THE BILL FROM LEGISLATIVE

COUNCIL LAID ON THE TABLE

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

Senator RICHTER moved to recall the Bill from Legislative Council.

Point of Order

Senator BRYAN raised a Point of Order that the motion to recall was out of order inasmuch as under the provisions of Rule 12, the motion was not made within the next two statewide legislative days.

Senator RICHTER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that there is no time limitation on the motion to recall.

Senator LAND argued contra to the motion to recall and Senator LEVENTIS argued in favor of the motion.

Parliamentary Inquiry

Senator HOLLAND made a Parliamentary Inquiry as to whether or not the motion to reconsider would require unanimous consent if the motion to recall the Bill passed.

Senator LEVENTIS spoke on the inquiry.

The PRESIDENT stated that the motion to recall was the motion before the body.

Senator RICHTER argued in favor of the motion to recall the Bill.

Senator COURSON spoke on the motion.

Senator LAND argued contra to the motion to recall.

Senator LAND moved to table the motion to recall.

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

Ayes 24; Nays 20

AYES

Bryan Courson Courtney
Drummond Elliott Ford
Glover Holland Jackson
Land Lander Leatherman
Martin Matthews Mescher
O'Dell Patterson Rankin
Reese Setzler Short
Washington Williams Wilson

TOTAL--24

NAYS

Cork Giese Gregory
Hayes Leventis Macaulay
McConnell McGill Mitchell
Moore Passailaigue Peeler
Richter Rose Russell
Ryberg Smith, J.V. Stilwell
Thomas Waldrep

TOTAL--20

PAIRED

Greg Smith (Present) Nay

Saleeby (Absent) Aye

The motion to recall the Bill was laid on the table.

Point of Interest

Senator MITCHELL rose to a Point of Interest.

ACTING PRESIDENT PRESIDES

At 12:25 P.M., Senator WASHINGTON assumed the Chair.

Motion to Ratify Adopted

At 12:34 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:05 A.M. on Thursday, January 13, 1994.

There was no objection and a message was sent to the House accordingly.

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Joyce Hartnett, sister of former Senator Tommy Hartnett of Charleston, S.C.

ADJOURNMENT

At 12:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:49 P.M.