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, hear J.B. Phillips' rendering in The New Testament in Modern English; St. Luke, Chapter 5 (vv.4,5):
"He said to Simon, `PUSH OUT NOW INTO
DEEPWATER AND LET DOWN YOUR NETS FOR
A CATCH.'
Simon replied, `Master! We've worked all
night and never caught a thing, but if You
say so I'll let the nets down.'
And when they had done this, they caught
an enormous shoal of fish - so big that
the nets began to tear."
Let us pray.
Lord of Heaven and earth, lift up our hearts as we read what happened to Simon Peter and the disciples when they turned from their own strength, wisdom and designs and heard the words "push out now into deep water and let down your nets."
Keep us operating on our highest orientation.
Our problems are many... at home and abroad. There are many clouds of uncertainty over our world. Make us aware that the Lord of Life is standing behind every cloud... beckoning us to faith... even in deep water.
Amen.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courtney
Drummond Elliott Ford
Giese Glover Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1727
Promulgated by Budget and Control Board
Consolidated Procurement Code
Received by Lt. Governor February 14, 1994
Referred to Senate Committee on Judiciary
120 day review expiration date January 21, 1995
The following was received:
Document No. 1701
Promulgated by Coastal Council
Applying for a Permit
Received by Lt. Governor January 10, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 11, 1994
Withdrawn and resubmitted February 14, 1994
The following were received:
Document No. 1594
Promulgated by the Board of Occupational Therapy
Organization of the Board, Officers, Consultation, Limited Permits, Application, Reciprocity, Renewal, Restored License, Fees, Ethics and Aides
Received by Lt. Governor September 24, 1993
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn February 9, 1994
Document No. 1685
Promulgated by Chiropractic Examiners
Fee Waiver; Volunteer License
Received by Lt. Governor November 19, 1993
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn February 15, 1994
Senator DRUMMOND introduced Dr. Stanley C. Baker of Greenwood, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 12:00 Noon, Senator SALEEBY was granted a leave of absence for the balance of the week.
On motion of Senator JACKSON, at 12:00 Noon, Senator SHORT was granted a leave of absence for today.
On motion of Senator RANKIN, at 12:00 Noon, Senator GREG SMITH was granted a leave of absence for today and Wednesday, February 16, 1994.
The following were introduced:
S. 1179 -- Senators Leventis, Land, Lander and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-170 SO AS TO PROHIBIT THE DISPARAGEMENT OF PERISHABLE AGRICULTURAL AND AQUACULTURAL FOOD PRODUCTS, DEFINE TERMS, AND PROVIDE FOR AN ACTION FOR DAMAGES AND OTHER APPROPRIATE RELIEF.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Read the first time and referred to the Committee on Education.
S. 1181 -- Senators Hayes, Leventis, Lander and Wilson: A BILL TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR FREE TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND TECHNICAL SCHOOLS FOR PERSONS SERVING IN THE SOUTH CAROLINA NATIONAL GUARD, AND TO PROVIDE THE PROCEDURES FOR THE GRANTING OF SUCH FREE TUITION.
Read the first time and referred to the Committee on Education.
S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.
Read the first time and referred to the Committee on Finance.
S. 1183 -- Senator Drummond: A BILL TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM.
Read the first time and referred to the Committee on Finance.
S. 1184 -- Senators Stilwell, Courtney, Reese, Mitchell, Waldrep and Peeler: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT IF ANY GAS UTILITY IN EXTENDING ITS LINES INTERFERES OR IS ABOUT TO INTERFERE WITH THE SERVICE OR SYSTEM OF ANOTHER GAS UTILITY, THEN TO THE EXTENT NECESSARY TO PREVENT DUPLICATION OF SERVICES AND FACILITIES OF NATURAL GAS UTILITIES, THE COMMISSION MAY REGULATE AND ORDER AND PRESCRIBE SUCH TERMS OR CONDITIONS RELATING TO THE LINE EXTENSIONS AS ARE JUST AND REASONABLE, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ONLY APPLY TO PUBLIC UTILITIES ENGAGED IN THE BUSINESS OF FURNISHING NATURAL GAS TO THE PUBLIC, INCLUDING UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF ANY MUNICIPALITY TO THE EXTENT THAT THE EXTENSION OF SERVICE IS NOT WITHIN ITS CORPORATE LIMITS AND TO PROVIDE THAT THIS INCLUDES UTILITIES OWNED OR OPERATED ON BEHALF OF A NATURAL GAS AUTHORITY TO THE EXTENT THAT THE EXTENSION IS OUTSIDE ITS SERVICE AREA AS THAT AREA IS PROVIDED BY STATUTE.
Read the first time and referred to the Committee on Judiciary.
S. 1185 -- Senators Thomas and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED IN SECTION 7 OF ARTICLE VI ABOVE.
Read the first time and referred to the Committee on Judiciary.
S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, 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. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, 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. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.
Whereas, Modjeska Monteith Simkins, a fearless outspoken champion of the oppressed, was an original organizer of the state chapter of the NAACP; and
Whereas, she was one of the architects of the Clarendon County desegregation case that became part of the United States Supreme Court's historic decision, Brown v. Board of Education in 1954; and
Whereas, her entire life was spent focusing on the liberation of people from the oppression of segregation, poverty, illiteracy, and disenfranchisement; and
Whereas, the granddaughter of a slave, she was born in Columbia, December 5, 1899, and was graduated from Benedict College in 1921; and
Whereas, it is with great sadness we turn a page in the history of our State in witnessing the passing of this great humanitarian who leaves a legacy of civil rights victories which will not be equaled in the near future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly authorizes the placing of a portrait of Modjeska Monteith Simkins, with an appropriate ceremony of the General Assembly, in the State House as a memorial and tribute to this great South Carolinian with the belief that her portrait will inspire the children of today and tomorrow to stand up and speak out for causes in which they believe.
Be it further resolved that the clerks of the House and Senate shall determine an appropriate location to hang and the artist to paint the portrait. The clerks shall consult with the South Carolina Museum and the South Carolina Arts Commission. The cost of obtaining the portrait may not exceed ten thousand dollars, to be paid from approved accounts of both houses.
Referred to the General Committee.
H. 4729 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MR. CECIL WILLIAMS, INTERNATIONALLY KNOWN PHOTOGRAPHER FOR HIS PHOTO DOCUMENTARY WORK ON THE CIVIL RIGHTS ERA "FOR FREEDOM AND JUSTICE" AND THE SHOWING OF HIS WORKS IN THE SOUTH CAROLINA STATE UNIVERSITY EXHIBIT, "QUIET HEROES: A DOCUMENTATION OF THE CIVIL RIGHTS ERA FROM 1949 THROUGH THE PRESENT."
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.
Read the first time and referred to the Committee on Judiciary.
H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4328 -- Reps. D. Wilder and Rudnick: A BILL TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4545 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
Read the first time and referred to the Committee on Judiciary.
H. 4673 -- Reps. Klauber, Carnell and McAbee: A BILL TO PROVIDE THAT THE QUALIFIED ELECTORS OF SCHOOL DISTRICTS 50 AND 52 IN GREENWOOD COUNTY AND SCHOOL DISTRICT 51 IN GREENWOOD, LAURENS, AND ABBEVILLE COUNTIES BY PETITION MAY PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THAT DISTRICT, AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1171 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.
Returned with concurrence.
Received as information.
S. 1176 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS SONYA BELL OF CHESTER COUNTY FOR THE MANY HONORS AND ACCOLADES SHE HAS RECEIVED AS AN ATHLETE, AS A SCHOLAR, AND A PUBLIC SPIRITED CITIZEN OF OUR STATE.
Returned with concurrence.
Received as information.
S. 1177 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. MARION M. THOMAS, DISTINGUISHED MEMBER OF THE CHESTER COUNTY COUNCIL FOR OVER THIRTY YEARS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
S. 1175 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.
Senator J. VERNE SMITH explained the Bill.
S. 1143 -- Senator Wilson: A CONCURRENT RESOLUTION PROCLAIMING FEBRUARY 27 THROUGH MARCH 5, 1994, AS "MIDLANDS FIGHTING BACK WEEK".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator LEATHERMAN explained the committee amendment.
Senator MITCHELL objected to further consideration of the Bill.
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PEELER argued contra to the Bill.
Senator McCONNELL objected to further consideration of the Bill.
H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
Senator MITCHELL objected to further consideration of the Bill.
S. 1157 -- Judiciary Committee: A BILL TO AMEND SECTION 2-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY CRIMINAL LAWS, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100 AND TO FURTHER PROVIDE THAT THIS PROVISION DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE AND TO REPEAL THE PROVISION REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS AMENDED, RELATING TO EMBEZZLEMENT, AND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-14-20, SECTIONS 16-14-40, AS AMENDED, 16-14-60, AS AMENDED, AND 16-14-70, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS 44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED, RELATING TO TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT.
On motion of Senator MITCHELL, the Bill was carried over.
S. 672 -- Senator Land: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.
On motion of Senator GIESE, the Bill was carried over.
MOTION ADOPTED
On motion of Senators SHORT and LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Roberts, Jr., retired Auditor of Chester County.
At 1:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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