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

Page Finder Index

| Printed Page 3760, June 26 | Printed Page 3780, June 26 |

Printed Page 3770 . . . . . Wednesday, June 26, 1996

(b) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.

(c) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

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

Ayes 44; Nays 0; Not Voting 2

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose                Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Waldrep
Washington          Wilson
TOTAL--44


Printed Page 3771 . . . . . Wednesday, June 26, 1996

NAYS
TOTAL--0

NOT VOTING--2
Russell Thomas
TOTAL--2

The amendment was adopted.

The question then was the third reading of the Bill, as amended.

Senator McCONNELL asked unanimous consent to make a motion to place the Bill in the status of Interrupted Debate.

There was no objection.

Senator McCONNELL asked unanimous consent to make a motion to continue to the Bill.

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

Ayes 44; Nays 0; Not Voting 2

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose                Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Waldrep
Washington          Wilson
TOTAL--44

Printed Page 3772 . . . . . Wednesday, June 26, 1996

NAYS
TOTAL--0

NOT VOTING
Russell Thomas
TOTAL--2

The Bill was continued.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

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

There was no objection.

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

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (4396R002.GFM), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:

/TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN-AMERICAN HISTORY MUSEUM.


Printed Page 3773 . . . . . Wednesday, June 26, 1996

Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and

Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and

Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and

Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and

Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,

Be it resolved by the General Assembly of the State of South Carolina:

SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to Section 2 of this resolution. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

SECTION 2. (a) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this joint resolution. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the


Printed Page 3774 . . . . . Wednesday, June 26, 1996

General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(b) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.

(c) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

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

Ayes 44; Nays 0; Not Voting 2

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese

Printed Page 3775 . . . . . Wednesday, June 26, 1996

Richter             Rose                Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Waldrep
Washington          Wilson
TOTAL--44

NAYS
TOTAL--0

NOT VOTING
Russell Thomas
TOTAL--2

The amendment was adopted.

The question then was the third reading of the Bill, as amended.

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

Ayes 44; Nays 0; Not Voting 2

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose                Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Waldrep
Washington          Wilson
TOTAL--44

Printed Page 3776 . . . . . Wednesday, June 26, 1996

NAYS
TOTAL--0

NOT VOTING
Russell Thomas
TOTAL--2

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

The House refused to accept the Bill.

CONTINUED

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Senator LANDER 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 third reading of the Bill.

Senator LANDER asked unanimous consent to make a motion to continue to the Bill.

The Bill was continued.

CONTINUED

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright,


Printed Page 3777 . . . . . Wednesday, June 26, 1996

Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" (ABBREVIATED TITLE)

Senator McCONNELL asked unanimous consent to make a motion to continue the Report of the Committee of Conference, if the Report of the Committee of Conference was not adopted prior to Sine Die adjournment, in the same manner as bills are on the Calendar may be continued under the provisions of Rule 35.

There was no objection and the motion was adopted.

RECESS

At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:02 P.M. and was called to order by the PRESIDENT.

RECESS

At 3:04 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 3:20 P.M., the Senate resumed.

CONTINUED

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.


Printed Page 3778 . . . . . Wednesday, June 26, 1996

Senator McCONNELL asked unanimous consent to make a motion to continue the Report of the Committee of Conference, if the Report of the Committee of Conference was not adopted prior to Sine Die adjournment, in the same manner as bills are on the Calendar may be continued under the provisions of Rule 35.

There was no objection and the motion was adopted.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 6, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

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

Honorable Bart S. McGuire, 103 Arroyo Court, Greenwood, S.C. 29646

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 11, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley


Printed Page 3779 . . . . . Wednesday, June 26, 1996

Local Appointment

Initial Appointment, Barnwell County Board of Voter Registration, with term to commence June 3, 1996, and to expire March 15, 1998:

At-Large:

Ms. Dorothy N. Kirkland, Route 1, Box 292, Blackville, S.C. 29817 VICE Delores A. Bradley (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 13, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable James O. McCorkle, 8097 Charlotte Highway, Fort Mill, S.C. 29715

Received as information.


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