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Printed Page 2290, May 3
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| (1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds.
(2) In an effort to manage aquatic weeds in the impoundments, the Department of Natural Resources in conjunction with the owners and operators of the water impoundments for federally regulated hydroelectric projects have developed programs to combat the growth of aquatic weeds. These programs are funded in part by revenue appropriated to the Department of Natural Resources in Part 1, Section 47 of the 1995-96 general appropriations act, by revenue of certain federal programs, and by contributions by the owners and operators of the federally regulated hydroelectric projects. However, the programs are exclusively managed and controlled by the Department of Natural Resources.
(3) In order to continue the program, the owners and operators must have protection from actions by the Department of Natural Resources for any liability which they may incur due to the actions of the department or its agents. Therefore, the State in this section is enacting a hold harmless statute for the owners and operators of the water impoundments for federally regulated hydroelectric projects.
(B) There is no liability on the part of, and no cause of action against, owners and operators of water impoundments for federally regulated hydroelectric projects for any and all acts, events, occurrences, or future consequences of any treatment by the Department of Natural Resources, its agents or independent contractors, in providing for the management of aquatic weeds. The immunity for owners and operators of water impoundments for federally regulated hydroelectric projects also extends to any liability arising as a result of actions by individuals who without
(C) The department shall use the funds appropriated to it in fiscal year 1995-96 as referenced above to implement and give effect to the provisions of this section in the manner it considers appropriate./
Amend sections, totals and title to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator COURTNEY moved to reconsider the vote whereby Amendment No. 75 (JIC\5899AC.95), proposed by Senator LEVENTIS, was adopted.
Senator CORK moved to table the motion to reconsider.
Senator COURTNEY spoke on the motion.
Senator BRYAN raised a Point of Order that the motion to reconsider was not subject to a tabling motion.
The PRESIDENT overruled the Point of Order.
The question then was the motion to table.
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Cork Courson Elliott
Gregory Leventis McConnell
Passailaigue Peeler Richter
Rose Short Smith, G.
Stilwell Wilson
Alexander Bryan Courtney
Drummond Ford Giese
Glover Holland Land
Lander Leatherman Martin
McGill Mescher Moore
O'Dell Patterson Rankin
Reese Russell Ryberg
Saleeby Setzler Smith, J.V.
Thomas Waldrep Washington
Williams
The motion to table the motion to reconsider was laid on the table.
The question then was the motion to reconsider the vote whereby Amendment No. 75 was adopted.
Senator LEVENTIS spoke on the motion.
At 5:55 P.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate receded from business not to exceed ten minutes, with Senator LEVENTIS retaining the floor.
At 6:03 P.M., the Senate resumed.
Senator LEVENTIS spoke on the motion.
On motion of Senator LEVENTIS, with unanimous consent, the motion to reconsider was adopted.
The question then was the adoption of Amendment No. 75.
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Alexander Bryan Cork
Courson Courtney Drummond
Elliott Ford Giese
Printed Page 2303 . . . . . Wednesday, May 3, 1995
Glover GregoryHayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
Amendment No. 75 was adopted.
Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection and the motion was adopted.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Senator MOORE asked unanimous consent to take up the Joint Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question
being the second reading of the Joint Resolution.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Senator MOORE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Senator MOORE asked unanimous consent to take up the Joint Resolution for immediate consideration.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was given a second reading with notice of general amendments, carrying over all amendments to third reading.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator DRUMMOND moved that the Senate go into Executive Session prior to adjournment.
Senator DRUMMOND withdrew the motion.
Having received a favorable report from the Charleston County Delegation, on motion of Senator Passailaigue, the following appointment was confirmed in open session:
Initial Appointment, Charleston County Master-in-Equity, with term to
commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston,
S.C. 29406 VICE Louis Condon
Senator DRUMMOND moved that, when the Senate adjourns it stand adjourned to meet Thursday, May 4, 1995, at 10:00 A.M., which motion was adopted.
At 6:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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, we join with many in observing today as a National Day of Prayer. Hear words from the ancient Book of Ecclesiastes, Chapter 3 (vv. 9-13) (NRSV):
"What gain have the workers from their
toil?... I know that there is
nothing better for them than to be happy
and enjoy themselves as long as they live;
Moreover, it is God's gift that all should
eat and drink and take pleasure in all their
toil."
Amen.
Let us pray.
Our Father, we thank You that, in a world where there is so much trouble and tragedy and ugliness, there is still so much beauty and goodness... as demonstrated by the good people of Oklahoma City.
Help us not to miss the beauty and the goodness, the fortitude and the love of the simple things of life like friends and loved ones who are loyal to us, and so many who are trying to live the good life and believe in prayer.
In our dealings with each other this day, may we be moved by the good, the true and the beautiful that surround us, remembering that "This is the gift of God."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and
such like papers.
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
At-Large - Chairman:
The Honorable Arthur Ravenel, Jr., 635 East Bay Street, Charleston, S.C. 29403 VICE C. Ron Coward (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the
veto by the Governor on R. 63, H. 3728 by a vote of 9 to 0:
(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson,
S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD
OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON
THE
CHARLESTON COUNTY COUNCIL.
Very respectfully,
Speaker of the House
Received as information.
(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT
The veto of the Governor was taken up for immediate consideration.
Senator PASSAILAIGUE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Alexander Bryan Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
The necessary two-thirds vote having been received, the veto of the Governor was
overridden, and a message was sent to the House accordingly.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the
veto by the Governor on R. 64, H. 3788 by a vote of 10 to 0:
(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper,
Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED,
RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO
AS
TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
Very respectfully,
Speaker of the House
Received as information.
(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
The veto of the Governor was taken up for immediate consideration.
Senator PASSAILAIGUE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Alexander Bryan Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin MatthewsMcConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
Printed Page 2290, May 3
| Printed Page 2310, May 4
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