Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, in the Book of Proverbs, Chapter 4 (v. 23), the wise man said:
"Keep your heart with all vigilance,
For from it flow the springs of life."
Let us pray.
Heavenly Father, we know that the Hebrew language is a picture language, but it is stimulating to think of "springs of life" flowing out of our hearts.
You have joined eternity and time in the human soul.
We marvel at the mystery of how You have shaped the times of our lives in specific moments, each when gone shall never return.
Help us to pack fulfillment and achievement into the moments You will give us today.
Help us to bring the distillation of the wisdom of the past to bear upon the solution of our modern problems, as we pray in the words of John Wesley in 1762:
"To serve the present age,
Our calling to fulfill;
O may it all our powers engage
To do our Master's will!"
Amen.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Gregory Holland Land Leatherman Leventis Martin Matthews McConnell Moore Peeler Ryberg Saleeby Smith, G. Smith, J.V. Thomas
It was ascertained that a quorum was not present.
On motion of Senator MOORE, with unanimous consent, leave was granted to Senators HOLLAND, McCONNELL, MATTHEWS and SALEEBY to attend a meeting of the subcommittee on reapportionment.
At 12:08 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until a quorum was present.
Senators FAIR, FORD, GIESE, GLOVER, HAYES, JACKSON, LANDER, McGILL, MESCHER, O'DELL, PASSAILAIGUE, PATTERSON, REESE, RICHTER, ROSE, RUSSELL, SETZLER, SHORT, WALDREP, WASHINGTON and WILSON recorded their presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 18, 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
Initial Appointment, Lexington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, S.C. 29053
Received as information.
March 26, 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
Reappointment, Juvenile Parole Board, with term to commence June 30, 1996, and to expire June 30, 2000:
1st Congressional District:
Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451
Referred to the Committee on Corrections and Penology.
April 1, 1996
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,
David M. Beasley
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 1998:
Ex Officio - Local TEC:
Ms. Rosemary H. Byerly, 2411 Clark Road, Inman, S.C. 29349
Referred to the Committee on Education.
Initial Appointment, Jobs Economic Development Authority, with term to commence June 27, 1995, and to expire June 27, 1998:
1st Congressional District:
Mr. J. Charles Northcutt, Post Office Box 794, Mt. Pleasant, S.C. 29465 VICE Andrew J. Combs (resigned)
Referred to the Committee on Labor, Commerce and Industry.
April 2, 1996
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,
David M. Beasley
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1992, and to expire May 19, 1996:
3rd Congressional District (Blind):
Ms. Nancy W. Knowles, 164 Widener Road, Aiken, S.C. 29803 VICE Horace J. McGee (resigned)
Referred to the General Committee.
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
3rd Congressional District (Blind):
Ms. Nancy W. Knowles, 164 Widener Road, Aiken, S.C. 29803
Referred to the General Committee.
Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:
At-Large:
MG Richard S. Siegfried, 112 Cricket Hill Road, Columbia, S.C. 29223
Referred to the General Committee.
April 10, 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 General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877
Received as information.
Senator COURSON introduced Dr. John Eady of Columbia, S.C., Doctor of the Day.
On motion of Senator LAND, at 12:00 Noon, Senator DRUMMOND was granted a leave of absence until 1:30 P.M.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
The House returned the Bill with amendments.
Senator PASSAILAIGUE explained the amendments.
On motion of Senator PASSAILAIGUE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., April 11, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 11, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1357 -- Senator Martin: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM PROPERTY TAX, SO AS TO INCREASE THE LAND AREA AVAILABLE FOR AN EXEMPTION FROM FIFTEEN TO FIFTY ACRES FOR REAL PROPERTY USED TO BUILD OR RENOVATE RESIDENTIAL STRUCTURES BY CHARITABLE ENTITIES WHEN THE PROPERTY IS TO BE SOLD ON A NON-PROFIT BASIS.
Read the first time and referred to the Committee on Finance.
S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
Read the first time and referred to the Committee on Judiciary.
S. 1359 -- Senator Richter: A BILL TO AMEND CHAPTER 75 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING MISCELLANEOUS ACTS OF WRONGFUL CONDUCT, BY ADDING SECTION 15-75-25, SO AS TO ESTABLISH A CAUSE OF ACTION FOR THE RECOVERY OF DAMAGES RELATING TO INTERFERENCE WITH MARITAL RELATIONSHIPS.
Read the first time and referred to the Committee on Judiciary.
S. 1360 -- Senator Greg Smith: A BILL TO AMEND SECTION 28-2-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPRAISAL PANELS IN CONDEMNATION PROCEEDINGS, SO AS TO INCREASE THE COMPENSATION OF PANEL MEMBERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
On motion of Senator COURTNEY, with unanimous consent, the Bill was recalled from the Committee on Labor, Commerce and Industry and referred to the Committee on Judiciary.
S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1363 -- Senator Ryberg: A BILL TO PROVIDE THAT WHEN THE CITY OF AIKEN ACQUIRES AN EXISTING WATERWORKS OR SEWER FACILITY, IT MAY NOT REQUIRE AN EXISTING CUSTOMER OF THE FACILITY OR A POTENTIAL CUSTOMER WITHIN THE SERVICE AREA OF THE FACILITY TO EXECUTE A CONTRACT WHICH PROHIBITS OPPOSITION TO ANNEXATION OF THE CUSTOMER'S PROPERTY AS A CONDITION OF CONTINUED RECEIPT OF SERVICES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1364 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN FROM USING OR EXPENDING ANY FUNDS DERIVED FROM FEES OR SERVICE CHARGES RECEIVED FROM THE OPERATION OF A MUNICIPAL UTILITY FOR ANY PURPOSE OTHER THAN THE OPERATION AND MAINTENANCE OF THE UTILITY FROM WHICH THE FEES OR SERVICE CHARGES WERE DERIVED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1365 -- Senators Land, Saleeby, Leatherman and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Senator LAND spoke on the Bill.
Read the first time and on motion of Senator LAND, with unanimous consent, ordered placed on the Calendar without reference.
H. 4909 -- Reps. Harvin, Kennedy, McElveen, J. Young, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF MRS. MAUDE ATKINSON BROWN OF LEE COUNTY, MOTHER OF REPRESENTATIVE GRADY BROWN, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4924 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF CLARENCE WASHINGTON, JR., OF HOPKINS, SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4938 -- Reps. Govan, Cobb-Hunter, Sharpe, Felder and Stuart: A CONCURRENT RESOLUTION CONGRATULATING CENTRAL UNITED METHODIST CHURCH OF ORANGEBURG COUNTY ON THE JOYOUS OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4950 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS TRACK TEAM ON WINNING THE CLASS AAA STATE TRACK TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4520 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
Read the first time and referred to the Committee on Finance.
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
Read the first time and referred to the General Committee.
H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
Read the first time and referred to the Committee on Judiciary.
H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.
Read the first time and referred to the Committee on Finance.
H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.
Read the first time and referred to the Committee on Banking and Insurance.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1305 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable and Senator SALEEBY a minority unfavorable report on:
H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following Amendment No. 1 (JUD3961.008), which was adopted:
Amend the bill, as and if amended, page 10, beginning on line 38, in Section 2-19-70, as contained in SECTION 1, by striking subsection (E) in its entirety and inserting therein the following:
/(E) Violations of this section may be considered by the screening committee merit selection commission when it considers the candidate's qualifications. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545./
Amend title to conform.
Senator RYBERG explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 2 (JUD3961.004), which was tabled:
Amend the bill, as and if amended, page 10, beginning on line 1, in Section 2-19-70, as contained in SECTION 1, by striking subsection (A) in its entirety and inserting therein the following:
/(A) Before a member of the General Assembly may submit an application with the commission for his nomination by the commission for election to a judicial office and before the commission may accept or consider the application, the member of the General Assembly shall first resign his office and be out of office for at least two years./
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator McCONNELL spoke on the amendment.
Senator HOLLAND argued contra to the adoption of the amendment.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 3 (JUD3961.006), which was adopted:
Amend the bill, as and if amended, page 10, beginning on line 35, in Section 2-19-70, as contained in SECTION 1, by striking subsection (D) in its entirety and inserting therein the following:
/(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office./
Amend title to conform.
Senator RYBERG explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 5 (3961R003.MTR), which was adopted:
Amend the bill, as and if amended, page 16, by adding after line 39, a new SECTION 4 and Part IV to read:
SECTION 4. The first paragraph of Section 22-1-10(A) of the 1976 Code is amended to read:
"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified; provided, however, that the initial term of office of a magistrate who has not previously served as a magistrate shall be two years and the second term of an individual so appointed shall be two years. The provisions of this paragraph must be read in conjunction with the following paragraph and nothing in this provision shall be construed to alter the staggering scheme provided in the next paragraph.
Amend further, Section 5, page 18, by adding subsection (D) to read as follows:
/(D) Part IV takes effect upon approval of this act by the Governor./
Renumber parts and sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
At 12:55 P.M., Senator PEELER assumed the Chair.
Senator DRUMMOND proposed the following Amendment No. 4 (3961R001.JWD), which was adopted:
Amend the bill, as and if amended, page 12, line 11, by striking Section 2-19-90 in its entirety and inserting in lieu thereof the following:
/Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches will be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session./.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 6 (JUD3961.009), which was tabled:
Amend the bill, as and if amended, page 3, beginning on line 29, in Section 2-19-10(B), as contained in SECTION 1, by striking Section 2-19-10(B) in its entirety and inserting therein the following:
/(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) four members appointed by the Chairman of the House Judiciary Committee and of these appointments:
(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and
(b) one member must be selected from the general public;
(2) four members appointed by the Chairman of the Senate Judiciary Committee and of these appointments:
(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and
(b) one member must be selected from the general public;
(3) two public members appointed by the Speaker of the House of Representatives and of these appointments:
(a) at least one public member appointed by the Speaker of the House of Representatives must be a non-lawyer; and
(b) each non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina;
(4) two public members appointed by the President of the Senate and of these appointments:
(a) at least one public member appointed by the President of the Senate must be a non-lawyer; and
(b) each non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina;
(5) one public member appointed by the Speaker of the House of Representatives and by the President Pro Tempore of the Senate in joint consultation and of this appointment:
(a) the public member appointed by the Speaker of the House and the President Pro Tempore must be a non-lawyer; and
(b) the non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina./.
Amend title to conform.
Senator RYBERG explained the amendment.
Senators WASHINGTON and McCONNELL argued contra to the adoption of the amendment.
At 1:08 P.M., the PRESIDENT assumed the Chair.
Senator McCONNELL continued arguing contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Ford Giese Glover Holland Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Reese Russell Saleeby Setzler Short Smith, J.V. Washington
Boan Cork Fair Gregory Hayes Leatherman Martin Mescher Peeler Richter Rose Ryberg Smith, G. Thomas Waldrep Wilson
The amendment was laid on the table.
Senator SALEEBY proposed the following Amendment No. 7 (JUD3961.002), which was tabled:
Amend the bill, as and if amended, page 4, beginning on line 1, in Section 2-19-10(B)(3), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:
/(a) one public member appointed by the Speaker of the House of Representatives must be a non-lawyer, and one public member must be a lawyer licensed to practice law in South Carolina; and/.
Amend the bill further, as and if amended, page 4, beginning on line 8, in Section 2-19-10(B)(4), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:
/(a) one public member appointed by the President Pro Tempore must be a non-lawyer, and one public member must be a lawyer licensed to practice law in South Carolina; and/.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 8 (JUD3961.010), which was tabled:
Amend the bill, as and if amended, page 3, beginning on line 33, in Section 2-19-10(B)(1), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:
/(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and/
Amend the bill further, as and if amended, page 3, beginning on line 38, in Section 2-19-10(B)(2), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:
/(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and/.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney Ford Giese Glover Hayes Holland Jackson Land Lander Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Reese Russell Saleeby Short Washington
Alexander Boan Cork Fair Gregory Leatherman Leventis Martin Mescher Peeler Richter Rose Ryberg Setzler Smith, G. Smith, J.V. Thomas Waldrep Wilson
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0778.001), which was adopted:
Amend the bill, as and if amended, page 1, line 34, in Section 17-22-50, as contained in SECTION 1, by striking /on/ and inserting therein /upon/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1123.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 23, by striking Section 23-31-20, as contained in SECTION 1, in its entirety and inserting therein the following:
/"Section 23-31-20. Residents A resident of any state contiguous to this State may purchase rifles and shotguns in this State; provided, such residents conform if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the contiguous state in which such persons reside the person resides."/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (3746R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 21, by inserting after /2/ and before /./, the following:
/(Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry and Saluda counties)/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.
On motion of Senator ROSE, S. 1350 was ordered to receive a third reading on Wednesday, April 17, 1996.
S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MOORE explained the Resolution.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1037.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-17-510, as contained in SECTION 1, by striking lines 33 through 35, and inserting therein:
/misdemeanor and, upon conviction, must be fined not more than:
(1) five hundred dollars or imprisoned not more than thirty days, or both, for a first offense;
(2) one thousand dollars or imprisoned not more than two years, or both, for a second or subsequent offense."/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1152.001), which was adopted:
Amend the bill, as and if amended, page 1, line 23, in Section 16-15-140, as contained in SECTION 1, by striking /fourteen sixteen/ and inserting therein /fourteen/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1051.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 24, by striking SECTION l in its entirety, and inserting therein the following:
/SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-345. (A) Whenever a child, as defined in Section 20-7-390, is charged with a status offense or the violation of any state or local law or municipal ordinance, a parent of the child must be immediately notified. The parent must also be made a party to the criminal action involving the child and is required to appear with the child at any judicial proceeding in family court.
(B) For purposes of this section, a 'parent' includes a custodial biological parent or parents, a custodial adoptive parent or parents, a custodial step-parent or step-parents, legal guardian, or any other person having permanent, legal custody of a child. If a child has more than one custodial biological parent, or more than one custodial adoptive parent, or more than one custodial step-parent, then both parents must be immediately notified when the child has been charged with a crime or status offense, made a party to the criminal action involving the child, and made to appear with the child at any judicial proceeding in family court. A 'parent' does not include a foster parent.
(C) A violation by a parent of the provisions of this section or of the provisions of a court order issued by a family court judge during a juvenile proceeding may constitute contempt and is punishable by imprisonment not to exceed six months or a fine not to exceed one thousand dollars, or both."/
Amend the bill further, as and if amended, page 2, beginning on line 29, in Section 20-7-400(A)(1)(d), as contained in SECTION 2, by striking /and including jurisdiction over the parent of a minor as provided in Section 20-7-345/ and inserting therein:
/including jurisdiction over the parent of a child pursuant to Section 20-7-345/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1188 -- Senators Holland, Moore, Elliott, Passailaigue, Setzler, Drummond and Mescher: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM AS A MEMBER OF THE SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED; TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL BY RULE PROVIDE THAT DURING THE TIME PERIOD BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY UNTIL THE SECOND TUESDAY IN FEBRUARY OF EACH YEAR, THE CONSIDERATION OF BILLS SHALL BE LIMITED TO STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE ENTIRE BODY AND NON-STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE AFFECTED DELEGATION; TO REQUIRE THAT THE RULES SHALL PROVIDE THAT UNTIL THE SECOND TUESDAY IN FEBRUARY, EACH BODY SHALL HAVE NOT LESS THAN THREE STATEWIDE SESSION DAYS EACH WEEK, FOR THE PASSAGE OF CONSENT LEGISLATION, UNTIL THE RESPECTIVE HOUSES RESUME THE CONSIDERATION OF ALL LEGISLATION AS PROVIDED IN THE RULES OF THE BODY; AND TO FURTHER PROVIDE THAT NOT MORE THAN THREE WEEKS FOLLOWING THE CERTIFICATION OF THE GENERAL ELECTION OF MEMBERS, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL CONVENE THEIR RESPECTIVE BODIES FOR NOT MORE THAN THREE DAYS FOR THE PURPOSE OF THE SELECTION OF COMMITTEES, THE ELECTION OF OFFICERS, AND SUCH OTHER BUSINESS AS MAY BE NECESSARY FOR THE ORGANIZATION OF THE RESPECTIVE HOUSES; TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTIONS 15A AND 15B, SO AS TO REQUIRE THE HOUSE AND SENATE TO GIVE CONCURRENT CONSIDERATION TO THE ANNUAL GENERAL APPROPRIATION BILL AND TO PROVIDE THAT AN APPROPRIATION BILL ENACTED UNDER THESE PROVISIONS WILL MEET THE CONSTITUTIONAL REQUIREMENT OF ARTICLE III, SECTION 18 PERTAINING TO THE READING OF BILLS AND JOINT RESOLUTIONS ON THREE SEPARATE DAYS IN EACH HOUSE; TO ARTICLE III, SECTION 20 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT FOR ELECTIONS VOTED ON BY THE GENERAL ASSEMBLY IN JOINT SESSION, NO CANDIDATE MAY BE ELECTED UNLESS APPROVED BY A MAJORITY VOTE OF THE SENATE AND A MAJORITY VOTE OF THE HOUSE; AND TO AMEND ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15, SO AS TO PERMIT THE ENACTMENT OF LAWS BY INITIATIVE PETITION.
Senator HOLLAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator HOLLAND asked unanimous consent to make a motion to give the Resolution a second reading, with notice of general amendments, carrying over all amendments to third reading.
Senator RYBERG objected.
S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 932 -- Senators Bryan, Lander and Washington: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO CHANGE THE DEFINITION OF "CHARGEABLE" ACCIDENT TO ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF ONE THOUSAND DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED; AND TO PROVIDE THAT THE INCREASED AMOUNTS, AS CHANGED BY THIS ACT, APPLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1996, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-60.
On motion of Senator BRYAN, the Bill was carried over.
H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
On motion of Senator BRYAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator MOORE spoke on the Bill.
On motion of Senator HOLLAND, with unanimous consent, debate was interrupted, Senator MOORE retaining the floor.
Having received a favorable report from the Lexington County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Lexington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, S.C. 29053
Having received a favorable report from the Berkeley County Delegation, on motion of Senator MESCHER, the following appointment was confirmed in open session:
Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877
On motion of Senator THOMAS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. W. Don Hudson of Fountain Inn, S.C.
At 2:00 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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