Printed Page 650, Feb. 14
| Printed Page 670, Feb. 14
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Printed Page 650, Feb. 14
| Printed Page 670, Feb. 14
| Senator BRYAN explained the House amendment.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
The House returned the Bill with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Senator McCONNELL explained the Bill.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN
On motion of Senator CORK, S. 1127 was ordered to receive a third reading on Thursday, February 15, 1996.
S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Banking and Insurance Committee proposed the following amendment (991R001.EES), which was adopted:
Amend the bill, as and if amended, page 2, line 5 by adding an appropriately numbered SECTION to read:
"(D) `False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud."/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 835 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.
Senator ALEXANDER 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 second reading of the Bill.
On motion of Senator ALEXANDER, the Bill was committed to the Oconee County Delegation.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OFLAWS OF SOUTH CAROLINA, 1976, RELATING TO
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GREGORY proposed the following amendment (GJK\22339SD.96):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION . Section 59-65-45 of the 1976 Code is amended to read:
"Section 59-65-45. In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools or another home school association. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schools the home school association exempts the home school from the further requirements of Section 59-65-40.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days; and
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.
By January thirtieth of each year, the South Carolina Association of Independent Home Schools association shall report the number and grade level of children home schooled through the association to the children's respective school districts."/
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Senator PEELER moved to commit the Bill to the Committee on Finance.
Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not the motion to commit was debatable.
The PRESIDENT stated that the motion to commit was debatable.
Senator PASSAILAIGUE argued in favor of the motion to commit.
Senator SETZLER raised a Point of Order that the motion was out of order inasmuch as the Senate was in the Motion Period and the Bill was not under consideration.
The PRESIDENT sustained the Point of Order.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PEELER moved to commit the Bill to the Committee on Finance.
Senator BRYAN argued contra to the motion to commit.
On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by recess.
At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
The PRESIDENT announced that nominations were in order to elect a successor to the South Carolina Supreme Court.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Jean Hoefer Toal and the Honorable Tom J. Ervin had been screened and found qualified to serve.
On motion of Senator McCONNELL, the name of Mr. Tom J. Ervin was withdrawn from consideration.
Senator McCONNELL placed the name of the Honorable Jean Hoefer Toal in nomination.
Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jean Hoefer Toal was duly elected Associate Justice, South Carolina Supreme Court, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 7.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Ruben L. Gray and the Honorable H. Samuel Stilwell had been screened and found qualified.
On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.
Senator McCONNELL placed the name of the Honorable H. Samuel Stilwell in nomination.
Rep. Sharpe moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Samuel Stilwell was duly elected to the Court of Appeals, Seat No. 7, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 8.
On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.
Senator McCONNELL placed the names of the Honorable William L. Howard and the Honorable Thomas E. Huff in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Howard:
Bryan Cork Courson Elliott Ford Giese Glover Gregory Jackson Land Lander Leventis Matthews McConnell McGill Mescher Passailaigue Patterson Rankin Reese Richter Ryberg Setzler Short Smith, G. Washington
The following named Senators voted for Representative Huff:
Alexander Boan Courtney Drummond Fair Hayes Holland Martin Moore O'Dell Peeler Rose Russell Saleeby Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Howard:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Cave Cobb-Hunter
Cromer Dantzler Elliott Fulmer Gamble Hallman Harrell Harris, J. Hodges Howard Hutson Inabinett Jennings Kelley Kennedy Keyserling Limehouse Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Rogers Scott Seithel Sheheen Shissias Stille Stuart Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
Printed Page 650, Feb. 14
| Printed Page 670, Feb. 14
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