Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words recorded by St. Matthew, Chapter 6 (vv.26-27):
"Look at the birds of the air; they
neither sow, nor reap, nor gather into
barns, and yet your heavenly Father feeds
them...
And can any one of you by worrying add a
single hour to your span of life? And
why do you worry...?"
Let us pray.
Our Father, some of us have a lot of fears!
Give us the grace to behold the birds and look at how the wild flowers grow.
May we see these as the handiwork of an unseen Creator and Lord of all being. The mystery of life beyond our comprehension staggers our minds.
Yet we are mystified that this God yearns to be known by us through faith as our companion on our way.
So let us work today for the good of our people that a happy, corporate life may be realized both as an achievement and as a gracious gift of God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 26, 1997
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, Hampton County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Grace B. Bennett, Post Office Box 1319, Varnville, S.C. 29944 VICE Mary F. Henderson (resigned)
April 15, 1997
Mr. President and Members of the Senate:
Due to the resignation of the nominee, I respectfully request withdrawal from your consideration the appointment below.
Respectfully,
David M. Beasley
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 1998:
Four-year Institution, Ex-Officio:
Mr. E. Bart Daniel, Post Office Box 1611, Charleston, S.C. 29402
Referred to the Committee on Education.
Senator THOMAS introduced Dr. Charlie Thomas of Greenville, S.C., Doctor of the Day.
Senator WASHINGTON rose for an Expression of Personal Interest.
Columbia, S.C., April 15, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
Speaker of the House
On motion of Senator HOLLAND, the Senate insisted upon its amendments to S. 70 and asked for a Committee of Conference.
Columbia, S.C., April 16, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. HARRISON, DELLENEY AND D. SMITH of the Committee of Conference on the part of the House on:
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, PASSAILAIGUE and GIESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 575 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE THE FIVE-YEAR LIMIT ON THE EXEMPTION ALLOWED PROPERTY ACQUIRED BY NONPROFIT ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR DISADVANTAGED PERSONS.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator RYBERG, with unanimous consent, the Bill was ordered placed on the Calendar.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 622 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-1997.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection.
Senator DRUMMOND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator DRUMMOND asked unanimous consent to give the Resolution a second reading with notice of general amendments.
There was no objection.
The Resolution was placed on the second reading Calendar with notice of general amendments.
The following were introduced:
S. 664 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-15-110 SO AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON CLAIMING A LIEN AGAINST PROPERTY UNDER THE PROVISIONS OF THIS CHAPTER MUST GIVE CERTAIN NOTICE TO THE OWNER OF THE PROPERTY, THE PERSON FROM WHOM POSSESSION OF THE PROPERTY WAS OBTAINED, THE HOLDER OF SECURITY INTERESTS, ANY OTHER LIENHOLDER, AND TO ANY OTHER PERSON HAVING OR CLAIMING AN INTEREST IN THE PROPERTY, TO PROVIDE THAT WHENEVER OWNERSHIP OR LIENS AGAINST PROPERTY SOUGHT TO BE SOLD TO SATISFY A CLAIMED LIEN IS EVIDENCED BY A LICENSE, TITLE, REGISTRATION, OR OTHER PUBLIC RECORD OF OWNERSHIP, THE OWNER OF RECORD AND HOLDERS OF SECURITY INTERESTS AND OTHER LIENS MUST BE GIVEN WRITTEN NOTICE OF THE CLAIMED LIEN AND PROPOSED SALE, TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE, AND THAT FAILURE TO GIVE SUCH NOTICE RENDERS ANY SALE OF THE PROPERTY TO SATISFY THE LIEN VOID AB INITIO AND OF NO EFFECT, AND TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE AND FOR THE MANNER AND FORM FOR PROOF OF IT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 665 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO, AMONG OTHER THINGS, REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE BOND.
Read the first time and referred to the Committee on Judiciary.
S. 666 (Word version) -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Read the first time and referred to the Committee on Medical Affairs.
S. 667 (Word version) -- Senator Moore: A BILL TO AMEND ACT 472 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO REQUIRE ALL CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES TO FILE A STATEMENT OF CANDIDACY WITH THE BOARD OF ELECTION AND REGISTRATION NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER 1ST OF THE YEAR IN WHICH THE GENERAL ELECTION IS HELD, AND TO FURTHER REFINE THE PROCEDURE FOR APPOINTMENT OF TRUSTEES IN THE EVENT THAT NO CANDIDATES OFFER IN THE GENERAL ELECTION FOR ANY FULL-TERM VACANCIES ON THE BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 668 (Word version) -- Senator Ravenel: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO LIMIT THE SALE OF SHRIMP TRAWLING LICENSES FOR A TWO-YEAR PERIOD AND TO EXAMINE THE FEASIBILITY OF CREATING A LIMITED ENTRY FISHERY THEREAFTER.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 669 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 56-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR VEHICLE REGISTRATION, SO AS TO REQUIRE DEALERS TO ISSUE INTERIM LICENSE PLATES AND REGISTRATION CARDS WHEN THEY SELL VEHICLES; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DESIGN THE LICENSE PLATE MADE OF AN INEXPENSIVE AND IMPERMANENT MATERIAL; TO PROVIDE FOR A $5.00 FEE FOR THE LICENSE PLATE; TO PROVIDE THAT IF A PERSON PURCHASES A VEHICLE FROM A PERSON OTHER THAN A DEALER, THEN THE PURCHASER MUST APPLY TO THE DEPARTMENT FOR AN INTERIM LICENSE PLATE AND REGISTRATION WITHIN FIVE DAYS OF PURCHASING THE VEHICLE; TO PROVIDE FOR PENALTIES; AND TO REPEAL SECTION 56-3-220 OF THE 1976 CODE, RELATING TO DEALER "SOLD" CARDS.
Read the first time and referred to the Committee on Transportation.
S. 670 (Word version)-- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, 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, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 20-26, 1997, TO BE "SECRETARIES WEEK" AND APRIL 23, 1997, TO BE "SECRETARIES DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4029 (Word version) -- Reps. J. Brown, McLeod and Carnell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LIEUTENANT COLONEL DORCAS JUDSON ELLEDGE, UNITED STATES ARMY NURSING CORPS (RETIRED), AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4030 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMENDING BISHOP ROBERT L. BISHOP FOR HIS MANY YEARS OF DEDICATED WITNESS AND OUTSTANDING CHURCH SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4031 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMENDING MR. EDWIN CLAYTON GUESS OF RICHLAND COUNTY FOR HIS UNSELFISH SERVICE TO HIS COMMUNITY AND TO CONGRATULATE HIM ON BECOMING AN ORDAINED MINISTER WITH THE GOOD NEWS GOSPEL WORLD OUTREACH MINISTRIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4033 (Word version) -- Rep. Boan: A CONCURRENT RESOLUTION CONGRATULATING MR. HUGH JOHNSON FLOYD OF SUMMERVILLE, WHO AFTER FIFTY YEARS OF GOLF AND AT THE AGE OF SEVENTY-EIGHT, HAS ACHIEVED A HOLE IN ONE--THE ULTIMATE ACHIEVEMENT IN THE SPORT OF GOLF.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4038 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMENDING BISHOP ROBERT L. BISHOP FOR MANY YEARS OF DEDICATED WITNESS AND OUTSTANDING CHURCH SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 40 (Word version) -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
S. 53 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT SIBLING VISITATION BE ORDERED WHEN IT IS DETERMINED TO BE IN THE BEST INTEREST OF THE CHILDREN.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 57 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 216 (Word version) -- Senator Wilson: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 377 (Word version) -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 456 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 483 (Word version) -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee has polled out S. 577 with no report: S. 577 (Word version) -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
Wilson Holland Moore Thomas O'Dell Washington Courtney Russell Martin Mescher Ryberg Short Courson Alexander Fair Gregory Ravenel Williams
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 638 favorable: S. 638 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington
Russell Rose
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3169 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3316 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 3399 (Word version) -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 3535 (Word version) -- Reps. Sharpe, T. Brown and Rhoad: A BILL TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 3838 favorable:
H. 3838 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION WELCOMING HOUSE OF BLUES TO THE GRAND STRAND AND THE PALMETTO STATE AND DECLARING MAY 4, 1997 AS "HOUSE OF BLUES DAY" IN SOUTH CAROLINA.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill
Russell Rose Washington
On motion of Senator RANKIN, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
There was no objection.
S. 654 (Word version) -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Mescher, Ravenel and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE COLLEGE OF CHARLESTON COUGARS MEN'S BASKETBALL TEAM FOR AN EXCEPTIONAL SEASON AND FOR THEIR OUTSTANDING EFFORT IN THE 1997 NCAA TOURNAMENT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
Senator MARTIN assumed the Chair at 11:23 A.M.
The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3420 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 3522 (Word version) -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: A BILL TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 3634 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 3680 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 3681 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TOBACCO PLANT CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 3704 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator MOORE, with unanimous consent)
H. 3705 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator MOORE, with unanimous consent)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
Senator BRYAN proposed the following amendment (JUD3139.005), which was adopted:
Amend the committee report, as and if amended, beginning on page [3139-1], beginning on line 35, by striking the unnumbered SECTIONS in their entirety and inserting therein the following:
/SECTION ____. Section 20-7-764(B)(3) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(3) The social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the minimum number and frequency of contacts a caseworker with the department must have with the child while in foster care. For a child placed in foster care within this State, the caseworker must meet with the child, at a minimum, once a month, but based upon the particular needs and circumstances of the individual child, more frequent contacts may be ordered by the court."
SECTION ____. Section 20-7-764(I) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court."
SECTION ____. The 1976 Code is amended by adding:
"Section 20-7-767. (A) To protect and nurture children in foster care, the Department of Social Services and its employees shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 20-7-764(B)(3);
(2) conduct contacts under item (1) as personal, face-to-face visits between the caseworker, the foster child, the foster parents, and any other adults living in the foster home. During the prescribed contact, the case worker must interview or observe the child in order to determine if the child should be interviewed outside the presence of other adults and other minors who reside in the home in order to assess the health and safety of the child. If the caseworker suspects abuse or neglect, the caseworker must interview and observe the child outside the presence of other adults and other minors who reside in the home ;
(3) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact a designated unit or individual within the Department of Social Services, and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her case worker cannot or will not resolve;
(4) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Office of the Governor, Division of Foster Care Review, at least three days prior to the proceeding. Failure of the foster parents to attend the Foster Care Review Board proceeding or failure to submit a progress report to the Division of Foster Care Review, does not require the board to delay the proceeding. The letter of invitation and the progress report form must be supplied by the agency; and
(5) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 20-7-420(30) and Section 20-7-420(36) for failure to adhere to the requirements of this subsection.
(B) In fulfilling the requirements of subsection (A), the Department of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(C) The Department of Social Services, in executing its duties under subsection (A)(3), must provide a toll free telephone number which must operate twenty-four hours a day.
(D) Any public employee in this State who has actual knowledge that a person has violated any of the provisions of subsection (A) must report those violations to the state office of the Department of Social Services; however, the Governor's Division of Foster Care Review must report violations of subsection (A)(4) in their regular submissions of advisory decisions and recommendations which are submitted to the family court and the department. Any employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) To further this state's long-term goals and objectives on behalf of children in foster care, the Department of Social Services shall give to the General Assembly by January 15, 1999, a report of the status of the foster care system which includes improvements the department has made to ensure the safety and quality of life of South Carolina's foster children. This report must include:
(1) specific standards for the training of foster parents, including the type of training which is provided;
(2) standards which address emergency situations affecting the maximum number of children placed in each foster home;
(3) standards which provide for the periodic determination of the medical condition of a child during his stay in foster care; and
(4) methods the department has developed to encourage the receipt of information on the needs of children in foster care from persons who have been recently emancipated from the foster care system."
SECTION ____. Section 20-7-1642 of the 1976 Code, as last amended by Act 101 of 1993, is further amended to read:
"Section 20-7-1642. No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16; or
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490.;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20; or
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65."/
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The Committee on Judiciary proposed the following amendment (JUD3139.003), which was adopted:
Amend the bill, as and if amended, page 2, line 7, in Section 20-7-766(D), as contained in SECTION 1, by striking /interests/ and inserting /interest/.
Amend the bill further, as and if amended, page 2, line 19, in Section 20-7-766(D), as contained in SECTION 1, by striking /interests/ and inserting /interest/.
Amend the bill further, as and if amended, page 2, line 32, in Section 20-7-766(E), as contained in SECTION 1, by striking the line in its entirety and inserting therein the following:
/(E) If After assessing the viability of adoption, if the department/.
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Section 20-7-764(B)(3) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(3) The social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the frequency of contacts a caseworker with the department must have with the child while in foster care. The caseworker must meet with the child, at a minimum, once a month, but based upon the particular needs and circumstances of the individual child, more frequent contacts may be ordered."
SECTION ____. Section 20-7-764(I) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court."
SECTION ____. The 1976 Code is amended by adding:
"Section 20-7-767. (A) To protect and nurture children in foster care, the Department of Social Services shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 20-7-764(B)(3);
(2) conduct contacts under item (1) as personal, face-to-face visits between the caseworker, the foster child, the foster parents, and any other adults living in the foster home. During the prescribed contact, the case worker must also privately interview and observe the child, outside the presence of other adults or other minors who may reside in the home;
(3) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact the state office Substitute Care Division of the Department of Social Services and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her case worker cannot or will not resolve;
(4) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Foster Care Review Board at least three days prior to the proceeding. The letter of invitation and the progress report form must be supplied by the agency; and
(5) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 20-7-420(30) and Section 20-7-420(36) for failure to adhere to the requirements of this subsection.
(B) In fulfilling the requirements of subsection (A), the Department of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(C) The Department of Social Services, in executing its duties under subsection (A)(3) must provide a toll free telephone number which must operate twenty-four hours a day.
(D) Any public employee of the State of South Carolina who has knowledge of any violation of the provisions of subsection (A) must report those violations to the county director of the local Department of Social Services. Any public employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) To further this state's long-term goals and objectives on behalf of children in foster care, the Department of Social Services shall develop and present to the Judiciary Committees of the Senate and House of Representatives by January 15, 1999, a comprehensive plan, complete with specific objectives, actions, target dates, and supporting data, to improve both the safety and quality of life of South Carolina's foster children. This plan must include:
(1) Specific standards for the training of foster parents, including but not limited to the type of training which will be provided;
(2) Standards to address emergency situations that affect the maximum number of children placed in each foster home;
(3) Standards to periodically determine the medical condition of a child during his stay in foster care; and
(4) The creation of a statewide organization of children who have been recently emancipated from the foster care system. The purpose of this organization is to provide information to the legislature and to the department on the needs of children in foster care."
SECTION ____. Section 20-7-1642 of the 1976 Code, as last amended by Act 101 of 1993, is further amended to read:
"Section 20-7-1642. No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16; or
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490.;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20; or
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65."/
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the Bill.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 133 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.
S. 285 (Word version) -- Senators Alexander and J. Verne Smith: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
(By prior motion of Senator LEATHERMAN, with unanimous consent)
S. 472 (Word version) -- Senators Land and Wilson: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
(By prior motion of Senator MOORE, with unanimous consent)
S. 484 (Word version) -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES.
(By prior motion of Senator MOORE, with unanimous consent)
S. 489 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
(By prior motion of Senator LEVENTIS, with unanimous consent)
S. 645 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator MOORE, with unanimous consent)
S. 200 (Word version) -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair, Anderson, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.
(By prior motion of Senator COURTNEY, with unanimous consent)
S. 233 (Word version) -- Senators Hayes and Russell: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM AND BALLOT FOR THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO DELETE THE REQUIREMENT THAT THE REFERENDUM TO IMPOSE THE TAX MUST BE HELD ON THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER AND PROVIDE THAT THE REFERENDUM MAY BE HELD AT A TIME AS DETERMINED BY THE GOVERNING BODY OF THE COUNTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0233.010), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 4-37-30(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAXES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE OR MULTIPLE PROJECTS; TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF THE TAX ARE TO BE USED; TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE IMPOSED NOT BE HELD MORE OFTEN THAT ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; AND TO DELETE OBSOLETE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-37-30(A) of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"(A) Subject to the requirements of this section, the governing body of a county may by ordinance impose a one percent sales and use tax within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities.;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for the each project whichever is shorter in length, for which the tax may be imposed;
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1996, the referendum must be held on the first Tuesday occurring sixty days after the election commission receives the ordinance. If that Tuesday is a legal holiday, then the referendum must be held on the next succeeding Tuesday that is not a holiday. If the ordinance is received on January 1, 1996, or thereafter, the referendum must only be held at the time of a general election. However, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose and the question must read substantially as follows:
'I approve a special one percent sales and use tax to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for _______ $ _________
Project (2), etc.'
In addition, the referendum shall contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $ _____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than sixty days after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of the month occurring one hundred eighty days after the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall by definition include more than one item as defined in (a)(i) and (a)(ii) as long as the projects are connected and form a single transportation system to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds must first be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this section in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with the State Treasurer quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue may promulgate regulations necessary to implement this section."
SECTION 2. This act takes effect upon approval by the Governor./
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.
Senator WILSON desired to be recorded as voting against the second reading of the Bill.
The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:
S. 653 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolutions were carried over:
S. 651 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES; PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MOORE, the Resolution was carried over.
S. 652 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MOORE, the Resolution was carried over.
The PRESIDENT assumed the Chair at 11:45 P.M.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 409 (Word version)--Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
S. 47 (Word version) -- Senators Holland and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL spoke on the Bill.
The Judiciary Committee proposed the following amendment (JUD0047.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 44-53-190 of the 1976 Code is amended by adding:
"(g) Any material, compound, mixture, or preparation containing flunitrazepam, or its derivative or metabolite, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible."
SECTION 2. Section 44-53-250(a) of the 1976 Code is amended to read:
"(a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral Betaine
(6) Chloral Hydrate
(7) Chlordiazepoxide
(8) Clobazam
(9) Clonazepam
(10) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14) Diazepam
(15) Estazolam
(16) Ethchlorvynol
(17) Ethinamate
(18) Ethyl Loflazepate
(19) Fludiazepam
(20) Flunitrazepam
(21) (20) Flurazepam
(22) (21) Halazepam
(23) (22) Haloxazolam
(24) (23) Ketazolam
(25) (24) Loprazolam
(26) (25) Lorazepam
(27) (26) Lormetazepam
(28) (27) Mebutamate
(29) (28) Medazepam
(30) (29) Meprobamate
(31) (30) Methohexital
(32) (31) Methylphenobarbital
(33) (32) Nimetazepam
(34) (33) Nitrazepam
(35) (34) Nordiazepam
(36) (35) Oxazepam
(37) (36) Oxazolam
(38) (37) Paraldehyde
(39) (38) Petrichloral
(40) (39) Phenobarbital
(41) (40) Pinazepam
(42) (41) Prazepam
(43) (42) Temazepam
(44) (43) Tetrazepam
(45) (44) Triazolam."
SECTION 3. Section 44-53-370 of the 1976 Code is amended by adding:
"(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) criminal sexual conduct in the first, second, and third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(3) criminal sexual conduct with a minor in the first and second degree, Section 16-3-655;
(4) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(5) spousal sexual battery, Section 16-3-615;
(6) engaging a child for a sexual performance, Section 16-3-810;
(7) committing lewd act upon child under sixteen, Section 16-15-140;
(8) petit larceny, Section 16-13-30 (A); or
(9) grand larceny, Section 16-13-30 (B).
(g) A person who violates subsection (f) with respect to:
(1) a controlled substance classified in Schedule I (b) or (c) which is a narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;
(2) any other controlled substance is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted."
SECTION 4. Section 16-1-90(A), (B), (C), and (D) of the 1976 Code are amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse
(separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit
kidnapping
16-11-380 Entering bank, depository, or building and loan association with intent to steal
16-11-330(A) Robbery while armed with a deadly weapon
16-11-390 Safecracking
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)
Second, third, or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(2)(b)2 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Second offense
44-53-370 Prohibited Acts A, penalties (g)(1)(b) and (c) (distribution of narcotic drugs in Schedules I(b) and
(c), LSD, and Schedule II with intent to commit a crime)
Second, third, or subsequent offenses
44-53-375 Manufacture, distribution, etc.,
(B)(3) ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or
(C)(1)(b) crack cocaine (10 grams or more, but less than 28 grams)
Second offense
44-53-375 Trafficking in ice, crank, or
(C)(2)(b) crack cocaine (28 grams or more, but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
16-3-1075 Carjacking (great bodily
(B)(2) injury)
16-11-110(A) Arson - first degree
16-11-370 Robbery of operators of vehicles for hire
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive or incendiary if personal injury results
44-53-370 Prohibited Acts, penalties
(e)(2)(b)1 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
44-53-370 Prohibited Acts, penalties
(e)(5)(b)1 (trafficking in LSD, 500 dosage units or more, but less than 1000 dosage units)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(c) (distribution of controlled substances with intent to commit a crime)
Third or subsequent offenses
44-53-375 Manufacture, distribution, etc.,
(B)(2) ice, crank, or crack cocaine
Second offense
44-53-375 Trafficking in ice, crank, crack
(C)(2)(a) cocaine (28 grams or more, but less than 100 grams)
First offense
44-53-475 Financial transactions involving
(A)(1) property derived from unlawful drug activity
44-53-475 Transportation or attempt to
(A)(2) transfer monetary instruments derived from unlawful drug activity
56-5-2945 Causing great bodily injury or death by operating vehicle while
under influence of drugs or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying
building, vehicle, or other property by means of explosive
or incendiary
24-13-450 Taking of hostages by any inmate
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Second offense
44-53-370 Prohibited Acts A, penalties (g)(1)(a) (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(b) (distribution of controlled substances with intent to commit a crime) Second offense
44-53-440 Distribution of controlled substance under Sections 44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act
endangers life
(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-3-1075 Carjacking
(B)(1)
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure, or intimidate individual or damage or destroy property by means of explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under 14
44-53-370 Prohibited Acts A, penalties
(B)(1) (narcotic drugs in Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a) (distribution of controlled substances with intent to commit a crime)
First offense
44-53-375 Possession of less than 1 gram
(A) of ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Manufacture, distribution, etc.,
(b)(1) ice, crank, or crack cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct, a person under 17 years of age to transport, conceal, or conduct financial transaction relating to unlawful drug activity
56-5-2945 Causing great bodily injury by
(A)(1) operating vehicle while under influence of drugs or alcohol"
SECTION 5. If, at any time after the effective date of this act, flunitrazepam is found to have an accepted medical use in treatment in the United States, it automatically shall be rescheduled as a Schedule IV drug.
SECTION 6. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
(c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance.
(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court."
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HOLLAND, with unanimous consent, S. 47 was ordered to receive a third reading on Thursday, April 17, 1997.
Having received a favorable report from the Hampton County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Hampton County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Grace B. Bennett, Post Office Box 1319, Varnville, S.C. 29944 VICE Mary F. Henderson (resigned)
On motion of Senators COURSON and PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Earl Lipscomb of Gaffney, S.C.
At 12:08 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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