Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, Who has created us in Your very image and called us to walk with You, we are thankful that we are children of the Heavenly Father; that You are found by those who seek You, known by those who love You, and seen by those possessed with faith. We confess that as we trod the path of clutching duties that so often we do not look far enough or high enough. At times like these, teach us that the way out of confusion that so frequently besets us is to be found only when we hold fast to our all powerful God Who pierces our limited horizons, gladdens our searching visions and quiets our perturbed minds. So may each of us always say in confidence: "I will lift up my eyes unto the hills, from whence comes my help". (Psalms 121:1)
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 25, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 537, H. 2024 by vote of: ayes - 0, nays - 46 on:
(R537) H. 2024 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND SECTIONS 38-77-140, 38-77-150, 56-9-20, 56-9-353, 56-9-480, AND 56-9-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES AND UNINSURED MOTORISTS' POLICIES OR CONTRACTS, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT AND THE AMOUNT CREDITED WHICH SATISFIES A JUDGMENT IN EXCESS OF THAT AMOUNT FOR PURPOSES OF PROOF OF FINANCIAL RESPONSIBILITY, TO CHANGE THE DEFINITION OF PROOF OF FINANCIAL RESPONSIBILITY TO REFLECT THE INCREASE, AND TO INCREASE THE AMOUNT OF CASH OR SECURITIES REQUIRED TO BE DEPOSITED WITH THE STATE TREASURER TO OBTAIN A CERTIFICATE TO PROVE FINANCIAL RESPONSIBILITY FROM THIRTY-FIVE THOUSAND DOLLARS TO FORTY THOUSAND DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1110 SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE A REGULATION TO PROVIDE FOR THE CALCULATION AND REFUNDING OF EXCESS PROFITS OF INSURANCE COMPANIES AND TO ESTABLISH WHEN THE INCREASED FINANCIAL RESPONSIBILITY REQUIREMENTS MUST TAKE EFFECT.
Very respectfully,
President
No. 4
Received as information.
The following was received from the Senate.
Columbia, S.C., May 25, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3983:
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
Very respectfully,
President
On motion of Rep. SHELTON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. L. PHILLIPS, BEASLEY and McGINNIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. J. BRADLEY, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. WALDROP, from the Newberry Delegation, submitted a favorable report, on:
S. 533 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE THE VOTING PRECINCTS, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 533 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE THE VOTING PRECINCTS, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
The Bill was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 533 be read the third time tomorrow.
The following was introduced:
H. 4313 -- Reps. Winstead and Kohn: A CONCURRENT RESOLUTION TO CONGRATULATE STALL HIGH SCHOOL IN CHARLESTON COUNTY UPON CAPTURING ITS SECOND CONSECUTIVE CLASS AAA STATE SOFTBALL TITLE ON WEDNESDAY, MAY 18, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. WINSTEAD introduced Stall High School in Charleston County, the Class AAA State Softball Team.
Rep. J. BRADLEY moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to.
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. J. BRADLEY proposed the following Amendment No. 2 (Doc. No. 4252J), which was adopted.
Amend the bill, as and if amended, by striking subsection (a) of Section 56-10-270 as contained in SECTION 4, page 3, and inserting:
/ "(a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must be fined not more less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. OnlY convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 56-19-60 38-77-340."/
Amend further by striking SECTION 7, page 4, in its entirety and inserting:
/SECTION 7. This act takes effect upon approval by the Governor, except for Sections 4 and 6 which take effect on January 1, 1989./
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate returned to the House with amendments the following:
H. 4277 -- Reps. Hayes, Kirsh, Nesbitt, Short and Foster: A BILL TO AMEND ACT 825 OF 1978, RELATING TO CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY NOT LEVY TAXES WHICH WOULD INCREASE BY MORE THAN FOUR MILLS IN ANY YEAR THAT MILLAGE LEVIED FOR THE PRECEDING YEAR WITHOUT THE APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN A REFERENDUM, AND TO PROVIDE WHEN A REFERENDUM MUST BE CONDUCTED IF AN INCREASE IN EXCESS OF THE FOUR MILL LIMITATION IMPOSED BY LAW IS REQUESTED.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. CORNING a temporary leave of absence.
Rep. L. PHILLIPS moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Monday, May 30, at 2:00 P.M., which was agreed to.
Rep. EDWARDS, from the Spartanburg Delegation, submitted a favorable report, with amendments, on:
S. 867 -- Senators Lee, Russell and Horace C. Smith: A BILL TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; AND TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO FILL VACANCIES IN THE BOARDS.
On motion of Rep. McGINNIS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 867 -- Senators Lee, Russell and Horace C. Smith: A BILL TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; AND TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO FILL VACANCIES IN THE BOARDS.
Rep. McGINNIS proposed the following Amendment No. 1 (Doc. No. 3659J), which was adopted.
Amend the bill, as and if amended, in SECTION 1 (A), page 2, line 33, by striking /of Spartanburg County/ and inserting /who elect members of the two school districts; on line 40, by striking /board/ and inserting /district/; and on line 41, by striking /members/ and inserting /managers/.
Amend further in SECTION 1 (B), page 0867-3, line 13, by striking /commission/ and inserting /board/.
Amend further by inserting a new SECTION 3 to read:
/SECTION 3. The Spartanburg County Board of Education is authorized to contract, to the extent of its school fund, to purchase and hold real and personal property as it may have or come into possession of, by will or other means./
Amend further, page 0867-3, line 43, by striking /3/ and inserting /4/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McGINNIS, with unanimous consent, it was ordered that S. 867 be read the third time tomorrow.
Rep. WALDROP, from the Newberry Delegation, submitted a favorable report, on:
S. 1461 -- Senator Pope: A BILL TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1461 -- Senator Pope: A BILL TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.
The Bill was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 1461 be read the third time tomorrow.
Rep. WALDROP, from the Newberry Delegation, submitted a favorable report, on:
S. 1497 -- Senator Pope: A BILL TO AUTHORIZE THE NEWBERRY COUNTY BOARD OF EDUCATION, THE GOVERNING BODY OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1497 -- Senator Pope: A BILL TO AUTHORIZE THE NEWBERRY COUNTY BOARD OF EDUCATION, THE GOVERNING BODY OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 1497 be read the third time tomorrow.
Rep. FOSTER, from the York Delegation, submitted a favorable report, on:
S. 1430 -- Senator Hayes: A BILL TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4314 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO SET 12:00 NOON, THURSDAY, JUNE 2, 1988, AS THE TIME OF A JOINT ASSEMBLY TO ELECT TWO MEMBERS OF THE CONSUMER AFFAIRS COMMISSION WHOSE TERMS HAVE EXPIRED AND TO FILL TWO VACANCIES CAUSED BY RESIGNATION.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in Joint assembly in the Hall of the House of Representatives at twelve o'clock noon on Thursday, June 2, 1988, for elections to fill the seats on the Commission on Consumer Affairs of the Honorable Richard C. Moore, whose term expires in 1988, the Honorable Lonnie Randolph, Jr., whose term expired in 1982, and to fill the vacancy created by the resignation of the Honorable Wilbur Lee Jeffcoat, for a term expiring in 1991, and to fill the vacancy created by the resignation of the Honorable Bobby T. Jones, for a term expiring in 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4315 -- Rep. White: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE SOLOMON E. BONDS, JR., CHIEF SCHOOL ADMINISTRATOR OF THE JASPER COUNTY SCHOOL DISTRICT, FOR HIS EXCELLENT PUBLIC SERVICE, EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY FOR HIS MANY YEARS OF DISTINGUISHED EDUCATIONAL SERVICE TO THE STUDENTS AND FAMILIES OF JASPER COUNTY AND HIS STATE, AND WISHING HIM SUCCESS AND MUCH HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4316 -- Reps. Rhoad, McCain, Bennett and K. Bailey: A CONCURRENT RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF NATHALIE C. TANT AND HER CONTRIBUTIONS TO SOUTH CAROLINA AND THE STATE'S YOUTH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4317 -- Reps. Koon, J.H. Burriss, Derrick, Felder, Klapman, Sharpe, Sturkie and Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO CONGRESSMAN FLOYD SPENCE THAT HE HAVE A SPEEDY AND SUCCESSFUL RECOVERY FROM HIS DOUBLE LUNG TRANSPLANT SURGERY, AND TO EXPRESS THEIR ADMIRATION FOR THIS GREAT AND COURAGEOUS SOUTH CAROLINIAN AND AMERICAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4318 -- Reps. Neilson, Wells, Harvin, O. Phillips, Moss, Arthur, Davenport, H. Brown, Baxley and Beasley: A CONCURRENT RESOLUTION COMMENDING THE STATE HOUSE TOUR GUIDES FOR THEIR OUTSTANDING WORK, DEDICATION, AND FRIENDLINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4319 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO WELCOME TO SOUTH CAROLINA THE LEADERS, STAFF, AND MEMBERS OF EXPLORER SHIP 1009 FROM BOWIE, MARYLAND, AS THEY BEGIN A SEA BASE HIGH ADVENTURE TRIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4320 -- Reps. Edwards, Dangerfield, Koon, Petty, Winstead, Taylor, Cork, M.D. Burriss, L. Martin and T.M. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM F. ROSS FOR BEING CHOSEN "EXECUTIVE OF THE YEAR" FOR 1988 BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1530 -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE GENERAL ASSEMBLY TO THE REV. DR. J. THOMAS GARRETT, OF FLORENCE COUNTY, EXECUTIVE DIRECTOR OF SOUTH CAROLINA BAPTIST MINISTRIES FOR THE AGING, UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1531 -- Senators Giese, Patterson, Lourie and Courson: A CONCURRENT RESOLUTION COMMEMORATING THE SIXTH REUNION OF THE FIELDS FAMILY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1532 -- Senators Giese, Courson, Lourie and Patterson: A CONCURRENT RESOLUTION CONGRATULATING DR. JOHN HUDGENS, SUPERINTENDENT OF SCHOOLS, RICHLAND COUNTY SCHOOL DISTRICT TWO, AND THE DISTRICT'S INSTRUCTIONAL AND ADMINISTRATIVE STAFF ON TWO SCHOOLS IN THE DISTRICT RECEIVING THE MODEL ELEMENTARY SCHOOL AWARD OF THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1533 -- Senators Giese, Courson, Lourie and Patterson: A CONCURRENT RESOLUTION CONGRATULATING MR. JOHN STEVENSON, SUPERINTENDENT OF SCHOOLS, RICHLAND COUNTY SCHOOL DISTRICT ONE, AND THE DISTRICT'S INSTRUCTIONAL AND ADMINISTRATIVE STAFF ON SATCHEL FORD ELEMENTARY SCHOOL RECEIVING A MODEL ELEMENTARY SCHOOL AWARD OF THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. THRAILKILL, with unanimous consent, the following was taken up for immediate consideration:
S. 1536 -- Senator Garrison: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF AUGUST 7-13, 1988, AS "SOUTH CAROLINA MEDICAL BUSINESS OFFICE PERSONNEL APPRECIATION WEEK".
Whereas, the business offices of all medical facilities have long been overlooked for their outstanding performances; and
Whereas, these employees work closely with patients, all departments of a hospital, and insurance companies to insure adequate cash flows; and
Whereas, due to these dedicated employees the monies which operate the hospitals and pay the salaries of all medical employees are collected; and
Whereas, the members of the General Assembly feel that these employees deserve proper recognition by this designation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate the week of August 7-13, 1988, as "South Carolina Medical Business Office Personnel Appreciation Week".
Be it further resolved that a copy of this resolution be forwarded to the President of the South Carolina Hospital Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 973 -- Senators Land, Lourie and J. Verne Smith: A BILL TO AMEND SECTION 42-17-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONCLUSIVENESS OF AN AWARD, APPEAL, AND THE PAYMENT OF COMPENSATION DURING APPEAL UNDER THE WORKERS' COMPENSATION LAW, SO AS TO ELIMINATE THE BASIS FOR AN APPEAL ON QUESTIONS OF LAW, DELETE OTHER LANGUAGE, AND PROVIDE THAT, IN CASE OF AN APPEAL FROM THE DECISION OF THE WORKERS' COMPENSATION COMMISSION, THE APPEAL DOES NOT OPERATE AS A SUPERSEDEAS.
Referred to Committee on Labor, Commerce and Industry.
S. 998 -- Senator McConnell: A BILL TO AMEND SECTION 40-51 -65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND EXAMINATION OF APPLICANTS TO PRACTICE PODIATRY, SO AS TO DELETE THE PROVISIONS ON TEMPORARY LICENSES.
Rep. LOCKEMY moved to waive Rule 5.12, which was agreed to by a division vote of 92 to 0.
On motion of Rep. LOCKEMY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4321 -- Reps. O. Phillips, M.O. Alexander, T.C. Alexander, Altman, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis,Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES M. ARTHUR OF UNION FOR HIS MANY YEARS OF SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 26, 1988.
L.E. Gentry David M. Beasley Bob Kohn
STATEMENTS OF ATTENDANCE
Rep. R. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 18, 1988.
Reps. G. BAILEY, HARVIN, KEYSERLING, KOON, LEWIS, McELVEEN, McGINNIS and STURKIE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 25, 1988.
The SPEAKER granted Reps. TOWNSEND and HELMLY a leave of absence for the day.
Announcement was made that Dr. Tommy Rowland of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4293 -- Reps. Blanding, Baxley, G. Brown, E.B.McLeod and McElveen: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO SCHOOLS IN SUMTER COUNTY, SO AS TO PROVIDE THAT THE ELECTION OF SCHOOL TRUSTEES FOR SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY MUST BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. BRADLEY having the floor.
H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.
Rep. J. BRADLEY continued speaking.
Further proceedings were interrupted by expiration of time in the local uncontested period, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.
Rep. BARFIELD moved that the House recur to the morning hour, which was not agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 11, Rep. J. BRADLEY having the floor.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Rep. J. BRADLEY moved to adjourn debate upon the Bill until Monday, May 30.
Rep. T.M. BURRISS moved to table the motion, which was not agreed to by a division vote of 20 to 52.
The question then recurred to the motion to adjourn debate until Monday, May 30, which was agreed to.
The following Bill was taken up.
H. 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Rep. ALTMAN moved to continue the Bill, which was agreed to.
The following Bill was taken up.
H. 3341 -- Reps. Whipper, Winstead, D. Martin, Washington and Foxworth: A BILL TO AMEND ARTICLE 1, CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS SECTION 38-71-230 SO AS TO REQUIRE PROVIDERS OF MEDICAL SERVICES TO FILE CLAIMS WITH AN INSURER BEFORE SUBMITTING THE CLAIM TO AN INSURED AND PROVIDE FOR A PENALTY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6472k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-230. (A) All licensed health care providers are required to provide written notice of the policies and procedures with regard to health insurance claims. Such notice may take the form of a patient information card or notice clearly posted in all patient waiting areas of the providers place of business.
(B) Any organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a licensed physician in South Carolina must accept the standardized HCFA 1500 claim form. Any organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a hospital licensed in South Carolina must accept the standardized UB 82 claim form.
(C) The HCFA 1500 or the UB 82 claim form may be altered only with a customized logo which shall appear in the top portion of the claim form one inch vertical from the top.
SECTION 2. Twenty (20) days prior to submitting any debt to a credit bureau or credit reporting agency or filing a lien against real or personal property, the debtor must be notified by mail of the creditor's intention. Failure to comply with this requirement is punishable by a fine of not less than one hundred dollars for each occurrence."
SECTION 3. This act shall take effect upon approval of the Governor./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3341 be read the third time tomorrow.
The following Bill was taken up.
H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6474k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Item (2) of Section 38-25-150 of the 1976 Code is amended to read:
"(2) The lawful transaction of reinsurance by insurers. As used in this item, the term 'reinsurance' means an agreement by which one insurance company (the primary insurer) cedes to another insurance company (the reinsurer) all or a portion of the primary insurer's risks for a stipulated portion of the premium, where the liability of the reinsurer is solely to the primary insurer, and where the primary insurer retains all contact with the original insured and handles all matters prior to and subsequent to loss. The term 'reinsurance' does not include a transaction by which one insurance company (the primary insurer) transfers a risk to another insurance company (the assuming insurer), where the primary insurer has no further liability to the original insured, unless the Commissioner finds that the transaction is in the best interest of the insured because of the primary insurer's financial condition or otherwise."
SECTION 2. Item (6) of Section 38-25-150 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
S. 1458 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4236 be read the third time tomorrow.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1458 be read the third time tomorrow.
The following Bill was taken up.
S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3716J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. Section 61-5-70 of the 1976 Code is amended to read:
"Section 61-5-70. All licenses issued under this article are valid until September thirtieth of each year, unless sooner suspended or revoked, and thereafter all licenses are valid for one year, renewable on October first, and annually thereafter, unless sooner suspended or revoked issued under this article expire annually according to the county where the license location is situated. The expiration dates are:
(1) the last day of February for Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) the last day of May for Cherokee, Chester Chesterfield, Darlington, Dillon, Fairfield Florence, Horry, Lancaster, Marion, Marlboro, Union, and York counties;
(3) the last day of August for Calhoun, Kershaw, Lee, Orangeburg, Sumter, and Richland counties;
(4) the last day of November for Abbeville, Aiken, Anderson, Edgefield, Greenville, Greenwood, Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
Any person shall promptly surrender any license issued hereunder upon request of the Commission.
All licenses are the property of the Commission, are not transferable, and, upon the termination of any business or upon a change of ownership, possession, or control, or upon a substantial change in the character of the property or facilities for which a license has been obtained, must by immediately surrendered to the Commission.
All licenses must be issued for a designated location and may not be transferred to any other location. A separate license is required for each separate location of any business.
When a license is suspended or revoked, no partner or person with a financial interest of any kind in the promises, nor any person within the third degree of kinship to the person to whom a license had been issued, may be granted a license for the promises concerned.
Any person whose license has been suspended or revoked for a particular premisses is not eligible for a license at any other location during the period the suspension or revocation is in effect.
Licenses issued during license year 1986-87 shall expire on September 30, 1987. The Commission shall prorate license fees for license year 1988-89 according to the length that the license is valid."/
Amend further by adding an appropriately numbered section to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 61-1-95. A person shall promptly surrender a license or permit issued under the provisions of this title upon request of the Commission. All licenses and permits are the property of the Commission and are not transferable. All licenses and permits must be immediately surrendered to the Commission upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.
When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business or premises, nor a person within the third degree of kinship to the person to whom a license or permit has been issued, may be issued a license or permit for the premises concerned.
A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the Commission may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."/
Renumber sections to conform.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc. No. 3662J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Article 1, Chapter 5 of Title 61 of the 1976 Code is amended by adding:
"Section 61-5-27. It is lawful to possess and consume alcoholic liquors and beverages on the premises of a bowling center if:
(1) the alcoholic liquors and beverages were sold by an establishment licensed under this article located in the bowling center, and
(2) the person who possesses and consumes the alcoholic liquors and beverages is not otherwise prohibited by law from such possession or consumption."/
Renumber sections to conform.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
Rep. HEARN proposed the following Amendment No. 3 (Doc. No. 4218J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. All provisions of law applicable to churches with respect to the issuance of liquor licenses or permits apply with equal force and effect and in the same manner to municipal parks respecting the issuance of beer and wine licenses or permits./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. HEARN spoke in favor of the amendment.
Rep. SHORT moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 26.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1330 be read the third time tomorrow.
The following Bill was taken up.
S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3778J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-20-20(3) of the 1976 Code is amended to read:
"(3) 'Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43, of Title 12. of the 1976 Code. The index shall be used to calculate each district's relative taxpaying ability in relation to other districts and stated in terms of relation to other districts and stated in terms of each district's percentage of the total statewide ability to pay property taxes. The county auditor shall provide to the Tax Commission the assessed value of property in each of the school districts of the county not later than February first of each year. The index shall must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index shall must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base shall must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. Provided, however, that in the event that If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts shall must be adjusted in the final payment for the state fiscal year. Provided, however, that in the event If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(d) of P.L. 81-874, the Tax Commission will shall exclude an imputed value of impact aid receipts from the index of taxpaying ability.
The final index shall must be determined annually on or before February first by the Tax Commission on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 of the 1976 Code for assessed property within a school district. The sales ratio data utilized shall must be based on annual ratio studies made within the previous two fiscal calendar years. The Tax Commission shall provide a preliminary index to the State Department of Education not later than March first and the State Department of Education shall provide information contained in the index to school districts not later than March fifteenth. Not later than May first, the Tax Commission shall provide the final index to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. The final index may not be changed during the applicable school year. Changes occurring during the year must be reflected in the index for the following year. Any school district shall be is entitled to a hearing before the Tax Commission to review its designated index of taxpaying ability within thirty days of filing a request for such the hearing. The data gathered by the Tax Commission for the purpose of determining an annual index shall must be carefully preserved as public records in the offices of the Tax Commission for a period of four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale shall be are a part of the public records so preserved. Also, the The Tax Commission shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation shall must be included as the public records to be preserved by the Tax Commission. In determining sales to assessment ratio, the Tax Commission shall use only reported consideration on sales for which deeds have been placed on public record. Provided, that where Where sufficient sales data is not available, the Tax Commission shall make appraisals in lieu of sales in order to determine the index. Such The appraisals, including all working paper papers shall must be included as the public records to be preserved by the Tax Commission. Provided, however, that with With respect to school districts within counties wherein where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290 of the 1976 Code, the same having been adopted by the auditor under Section 9 of Act 208 of 1975 Article 3, Chapter 43 of Title 12, the index shall must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair-market value."
SECTION 2. Section 12-43-305 of the 1976 Code is amended to read:
"Section 12-43-305. Upon receipt of written notice of appeal of a property valuation and if it is reasonably expected that the appeal may delay the assessment of the property beyond December thirty-first of the tax year, the assessing officer shall immediately prepare immediately an assessment for the property under appeal based on either upon the assessed value of the property for the previous year or eighty percent of the assessed value of the property for the current year, whichever is greater. The Tax Commission shall notify the auditor of the property under the jurisdiction of the commission which is under appeal. The auditor shall adjust the assessment of property under appeal to eighty percent of the assessed value and enter the adjusted assessment on the tax duplicate and the tax must be paid as in other cases.
After final administrative review of the appeal, if the valuation is greater than the value of the assessment set by the assessing official in accordance with this section, an assessment must be made and entered based on the difference between the value of the assessment determined by this section and the value settled by the appeal.
If the valuation is less than that set as provided herein in this section, the assessment of the current year must be reduced by the cumulative difference between the assessment as entered must be reduced to and that determined by the final administrative review. The tax paid on the difference between the assessment as entered and that determined after final administrative review must be refunded together with interest at the rate of one percent a month on the amount of the overpayment.
Interest at the rate of one percent must be added for each month the tax was unpaid because of the appeal and collected in the same manner as the tax.
This section does not apply to personal property registered or licensed with a state agency."
SECTION 3. This act takes effect January 1, 1989./
Amend title to conform.
Rep. KIRSH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. KIRSH having the floor.
Rep. WILKINS insisted upon the Special Orders of the day.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
I wish to be recorded as voting against H. 4025 on third reading.
Rep. BAXLEY
May 26, 1988
Reference: H. 4025 (Bond Bill)
Statement of Position on The Bond Bill
I cannot in good conscience go without stating my objections to this bill.
In approving the House version of the Bond Bill, we have forced on the citizens of South Carolina an unconscionable disservice.
We constantly speak of our economic development, our people's development, physically and mentally, and the types of positive attitudes that come with trying to upgrade the well being of our citizens through responsible government.
I cannot justify the House's approval of the "State" Aquarium, Greenville Performing Arts Center, the Florence County Civic Center, and others. I cannot justify the fact that we have a state that has many citizens living in less than "average" conditions.
I am concerned that we have citizens that do not have safe water to drink, safe sewage systems, roads, housing, etc. But yet our social conscience, that so many of us refer to so often, seems to have abandoned these citizens.
Our middle class citizens, taxpayers, are those who will be affected most in paying for these projects. Would anyone imagine that those paying in the form of higher taxation, and it will follow, will be those who "never" use these facilities?
The reasons for support vary, but not one time did anyone take the floor and offer a valid reason, either economically or socially, as to why we should spend this type of money.
I am ashamed for the poor, embarrassed for the middle class, and incensed by those who have abandoned the principles of fair play and the social well being of all of our citizens. We have fallen to those who are short-sighted and self-serving. I am appalled that so many "independent" thinkers, supposedly for their voting constituencies, have become dependent upon the thoughts of a few power builders in the State. Power builders who have no regard for those who truly need help.
Rep. RALPH DAVENPORT
Reps. T. ROGERS, CORNING and FABER withdrew their objections to the following Bill.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Rep. LIMEHOUSE withdrew his objection to the following Bill.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
On motion of Rep. CARNELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1220 -- Senators Land, Garrison, Peeler and Macaulay: A BILL TO AMEND SECTION 56-3-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO PROVIDE FOR AN ANNUAL FEE OF TWELVE DOLLARS RATHER THAN SIX DOLLARS, AND TO PROVIDE THAT HOUSE TRAILERS PERMITTED TO BE MOVED OVER THE HIGHWAYS UNDER SPECIAL PERMITS ISSUED PURSUANT TO CERTAIN PROVISIONS OF LAW, WITH CERTAIN STATED EXCEPTIONS, SHALL PAY A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; TO AMEND SECTION 56-5-4180, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE FOR THE ISSUANCE OF MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS, TO PROVIDE FOR A FEE FOR THIS PERMIT, AND TO PROVIDE, AMONG OTHER THINGS, THAT IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION, TERM, OR CONDITION OF THE MULTIPLE TRIP PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO PROVIDE FOR THE FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP, REQUIRED TO BE PAID PURSUANT TO SECTION 56-3-710; AND TO AMEND SECTION 56-5-4170, RELATING TO MOTOR VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE FOR A PERMIT FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, IN CONFORMANCE WITH THE CHANGE MADE IN SECTION 56-3-710.
On motion of Rep. ALTMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 1438 -- Senators Saleeby, Peeler, Lee and Land: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATIONS OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE WHICH RESULTS IN A REQUIRED REPORT.
Rep. T. ROGERS asked unanimous consent to recall S. 1513 from the Committee on Education and Public Works.
Rep. KLAPMAN objected.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1334 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE TAX COMMISSION, BY ADDING SECTION 12-54-225 SO AS TO AUTHORIZE THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX RETURNS, INFORMATION THEREON, AND RELATED INFORMATION.
Rep. AYDLETTE asked unanimous consent to recall S. 1201 from the Committee on Education and Public Works.
Rep. FOSTER objected.
Rep. HASKINS asked unanimous consent to recall S. 660 from the Committee on Education and Public Works.
Rep. FABER objected.
Rep. SHARPE asked unanimous consent to recall H. 2947 from the Committee on Ways and Means.
Rep. McLELLAN objected.
The Governor's Veto on the following Act was taken up.
(R584) H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: AN ACT TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Baker Baxley Beasley Bennett Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Burch Carnell Chamblee Clyborne Cooper Dangerfield Day Edwards Elliott Faber Fair Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Shelton Short Snow Tucker Washington Whipper White Wilder
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. HASKINS moved to dispense with the consideration of Senate Amendments on the Calendar.
Rep. McTEER raised the Point of Order that the motion was out of order, as under the House rules, the order of the day cannot be changed without a written resolution.
The SPEAKER, citing Rule 6.3, sustained the Point and ruled the motion out of order.
The Senate Amendments to the following Bill were taken up for consideration.
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Reps. SHEHEEN and WILKINS proposed the following Amendment No. 3 (Doc. No. 4067J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3863 -- Reps. Blanding and E.B. McLeod: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE MANCHESTER FOREST AND PINEWOOD PRECINCTS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3379 -- Rep. Hayes: A BILL TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX REFUNDS AND THE RETENTION OF REFUNDS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT UPON REQUEST FROM AN EDUCATIONAL INSTITUTION, THE TAX COMMISSION SHALL SEND TO IT THE HOME ADDRESS, CORRECTED SOCIAL SECURITY NUMBER, OR ADDITIONAL SOCIAL SECURITY NUMBERS, IF MORE THAN ONE IS USED, OF ANY TAXPAYER WHOSE NAME HAS BEEN SUBMITTED TO THE COMMISSION BY THE EDUCATIONAL INSTITUTION FOR DEFAULTING ON AN EDUCATIONAL LOAN.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 3896J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 5, on page 4 and inserting:
/SECTION 5. This act takes effect October 15, 1988./
Amend title to conform.
Rep. KIRSH explained the amendment.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3461 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE.
Rep. PETTY explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2680 -- Rep. McTeer: A BILL TO AMEND CHAPTER 9, TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, BY ADDING SECTION 13-9-35 SO AS TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ANY OF THE POWERS AND DUTIES CONVEYED UNDER THE PROVISIONS OF SECTION 13-9-30 IN THE ENTIRE COUNTY OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Joint Resolution were taken up for consideration.
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Rep. HODGES explained the Senate Amendments.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Reps. WILKINS, HAYES and CLYBORNE proposed the following Amendment No. 2 (Doc. No. 4175J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 on page 2 and inserting:
/SECTION 2. This act takes effect July 1, 1989./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. HUFF moved that the House accept the resignation of Clerk Lois Shealy effective June 29, 1988 and set the time for the election to fill the seat on Monday, May 30, at 2:30 P.M.
Rep. PETTIGREW moved to divide the question, which was rejected by a division vote of 31 to 67.
The question then recurred to the motion to accept the resignation of Clerk Shealy and set the election to fill the seat on Monday, May 30, at 2:30, which was agreed to.
Rep. J.C. JOHNSON moved that when the House adjourns it adjourn in honor of Mrs. Lois T. Shealy, Clerk of the House of Representatives, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2957 -- Reps. Hodges and Clyborne: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS AND TO RESTATE THE OFFENSE IN MODERN LANGUAGE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4081 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT A RESIDENT ASSISTING IN A BOAT A PERSON POSSESSING A PERMIT AND ASSOCIATED TAGS TO TAKE SHRIMP OVER BAIT IS NOT REQUIRED TO HAVE A PERMIT OR TAGS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. THRAILKILL a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
Rep. EDWARDS moved to adjourn debate upon the Senate Amendments until Monday, May 30, which was adopted.
The Senate Amendments to the following Joint Resolution were taken up for consideration.
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.
Rep. J.W. McLEOD explained the Senate Amendments and moved to adjourn debate upon the Senate Amendments until Monday, May 30, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER.
Rep. WILKINS explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3838 -- Rep. Rhoad: A BILL TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.
Rep. SNOW explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.
Rep. G. BAILEY explained the Senate Amendments.
Rep. MAPPUS made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. HAYES moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 2963 and the motion was noted.
The following was received.
The General Assembly, Columbia, S.C., May 19, 1988
The COMMITTEE OF CONFERENCE to whom was referred:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
by deleting SECTION 2, page 1006-3, beginning on line 1, which reads:
/SECTION 2. After the 1988 session of the General Assembly nothing may be designated as an official state emblem, animal, or other thing such as is listed in Article 9, Chapter 1, of Title 1 of the 1976 Code unless the bill designating it receives the vote of ninety-three members of the House of Representatives and thirty-five Senators./
so that when amended the bill reads:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Whereas, loggerhead sea turtles are recognized as a threatened specie and the destruction of their nesting habitat further threatens them with extinction; and
Whereas, sea turtles are an important part of the marine ecosystem; and
Whereas, sea turtles perform extended migrations between their feeding grounds and rookeries, and South Carolina is considered to have some of the most pristine nesting areas used for nesting of loggerhead sea turtles on the eastern coast; and
Whereas, the General Assembly recognizes that it is the responsibility of the State of South Carolina to preserve and protect our wildlife and natural resources. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-625. The loggerhead turtle (Caretta caretta) is the official reptile of the State."
SECTION 2. This act takes effect upon approval by the Governor./
/s/Donald H. Holland /s/Irene K. Rudnick /s/Ryan C. Shealy /s/D.L. Aydlette, Jr. /s/Nell W. Smith J. Michael Baxley On Part of the Senate. On Part of the House.
Rep. BAXLEY spoke against the Conference Report.
Rep. BAXLEY moved to recommit the Conference Report to the Conference Committee, which was agreed to by a division vote of 62 to 2.
The following was received.
Columbia, S.C., May 25, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Master-In-Equity, Greenville County, to serve full time with term to expire December 31, 1991:
Daniel Yarborough, Suite 207, Greenville Co. Courthouse, Greenville, S.C. 29601 (Reappointment)
Very respectfully,
President of the Senate
No. 7
Received as information.
The following was received.
Columbia, S.C., May 26, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, McConnell and Leatherman of the Committee of Conference on the part of the Senate on S. 1353:
S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.
Very respectfully,
President
No. 73
Received as information.
The motion of Rep. HAYES to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill was taken up and agreed to.
H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.
Rep. HAYES moved to adjourn debate upon the Senate Amendments until Monday, May 30, which was adopted.
The following Bill was taken up.
S. 1 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE A UNIFORM MINIMUM COMPENSATION PLAN FOR MAGISTRATES AND THE FUNDING OF MAGISTRATES' COURTS; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO REVISE THE JURISDICTION; TO REPEAL SECTION 22-2-180 RELATING TO COMPENSATION OF MAGISTRATES; TO AMEND CHAPTER 11 OF TITLE 14, RELATING TO MASTERS AND REFEREES, BY ADDING SECTION 14-11-200 SO AS TO REQUIRE TESTIMONY IN ALL CASES INVOLVING TITLE TO REAL ESTATE TO BE TAKEN AND TRANSCRIBED AND IN ALL OTHER CASES TO BE TRANSCRIBED UPON REQUEST OF A PARTY OR IN THE DISCRETION OF THE MASTER-IN-EQUITY; TO AMEND SECTION 14-11-10, RELATING TO THE ESTABLISHMENT OF MASTER-IN-EQUITY COURTS IN THE COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS IN EACH COUNTY HAVING A POPULATION OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND AND FOR THE APPOINTMENT OF MASTERS-IN-EQUITY, TO DELETE AN OBSOLETE REFERENCE TO A DATE, AND TO PROVIDE FOR PART-TIME MASTERS-IN-EQUITY; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF TERMS OF MASTERS-IN-EQUITY, SO AS TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE INSTEAD OF THE GENERAL ASSEMBLY FOR A TERM OF SIX INSTEAD OF FOUR YEARS, TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO DESIGNATE PART-TIME AND FULL-TIME MASTERS-IN-EQUITY, TO ESTABLISH QUALIFICATIONS, TO PROVIDE THAT A MASTER-IN-EQUITY IS SUBJECT TO ASSIGNMENT AS NEEDED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROHIBIT A FULL-TIME MASTER-IN-EQUITY FROM ENGAGING IN THE PRACTICE OF LAW AND STANDING MASTERS-IN-EQUITY FROM SERVING AS PROBATE JUDGES, AND TO PROVIDE CONDITIONS UNDER WHICH A PART-TIME MASTER-IN-EQUITY MAY PRACTICE LAW; TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTERS-IN-EQUITY, SO AS TO REVISE THE COMPENSATION, TO PROVIDE FOR THE OTHER EXPENSES OF THE MASTER-IN-EQUITY'S OFFICE, AND TO PROVIDE FOR THE APPOINTMENT OF EITHER A PART-TIME OR FULL-TIME MASTER-IN-EQUITY BASED UPON THE POPULATION OF THE COUNTY OR THE AREA SERVED; TO AMEND SECTION 14-11-60, RELATING TO THE FILLING OF A VACANCY, DISQUALIFICATION, OR DISABILITY IN THE OFFICE OF MASTER-IN-EQUITY, SO AS TO PROVIDE THAT A PRESIDING CIRCUIT COURT JUDGE, AFTER GOOD CAUSE BEING SHOWN AND UPON AGREEMENT OF THE PARTIES, MAY APPOINT A SPECIAL REFEREE WITH ALL THE POWERS OF A MASTER-IN-EQUITY WHO MUST BE COMPENSATED BY THE PARTIES INVOLVED IN THE ACTION; TO AMEND SECTION 14-11-90, RELATING TO THE POWERS OF A MASTER-IN-EQUITY, SO AS TO REVISE THE POWERS OF A MASTER-IN-EQUITY, PROVIDE THAT A MASTER-IN-EQUITY HAS THE SAME POWER AND AUTHORITY AS A CIRCUIT COURT JUDGE SITTING WITHOUT A JURY, PROVIDE THAT THE EQUITY COURT IS CONSIDERED A DIVISION OF THE CIRCUIT COURT AND THE MASTER-IN-EQUITY IS ENTITLED TO ALL BENEFITS AND ALL REQUIREMENTS IN THE SAME RESPECT AS CIRCUIT AND FAMILY COURT JUDGES, PROVIDE FOR THE MANNER IN WHICH A MASTER-IN-EQUITY MAY DECIDE ISSUES RAISED BY THE PLEADINGS AND PROOF, AND PROVIDE THAT APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY MUST BE TO THE CIRCUIT COURT UNLESS OTHERWISE DIRECTED BY ORDER OF THE CIRCUIT COURT OR BY CONSENT OF THE PARTIES; TO AMEND SECTION 14-11-140, RELATING TO THE POWERS OF MASTERS-IN-EQUITY INVOLVING THE PARTITION OF REAL OR PERSONAL PROPERTY, SO AS TO DELETE THE REFERENCES TO THE ADMEASUREMENT OF DOWER; TO AMEND SECTION 14-11-310, RELATING TO FEES COLLECTED BY MASTERS-IN-EQUITY, SO AS TO REVISE THE FEE SCHEDULE FOR ACTIONS HEARD BEFORE THE MASTER-IN-EQUITY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-30, RELATING TO THE AUTHORITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO APPOINT THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-40, RELATING TO THE TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO DESIGNATE SOME OTHER MEMBER OF THE COURT TO SERVE ON THE COUNCIL DURING HIS TERM OF OFFICE, AND TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE PROBATE COURTS AND TO PROVIDE FOR THE TERMS; TO REPEAL SECTION 14-11-320 RELATING TO COMPENSATION OF REFEREES; TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 8, RELATING TO PROBATE FEES AND COSTS, BY ADDING SECTIONS 8-21-765, 8-21-766, AND 8-21-795 SO AS TO ESTABLISH A SALARY SCHEDULE FOR PROBATE JUDGES BASED ON THE POPULATION OF THE COUNTY IN WHICH THEY SERVE WHICH MUST BE FUNDED BY THE GENERAL ASSEMBLY, PROVIDE THAT ALL PROBATE JUDGES WHO, ON JULY 1, 1988, ARE MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM REMAIN MEMBERS OF THESE SYSTEMS, AND PROVIDE THAT ALL FEES, AFTER JUNE 30, 1988, TO WHICH THE PROBATE COURT IS ENTITLED PURSUANT TO SECTION 8-21-790 MUST BE TRANSFERRED TO THE STATE TREASURER AND DEPOSITED IN THE GENERAL FUND; TO AMEND SECTION 8-21-760, RELATING TO THE SALARIES OF PROBATE JUDGES, SO AS TO REQUIRE THE GOVERNING BODY OF EACH COUNTY TO FUND THE OPERATIONS OF THE PROBATE COURT IN THAT COUNTY EXCEPT FOR THE SALARIES OF JUDGES; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISIONS GOVERNING A BENEFICIARY OF THE STATE RETIREMENT SYSTEM RETURNING TO THE SERVICE OF THE STATE, SO AS TO AUTHORIZE A RETIRED JUSTICE OR JUDGE TO BE CALLED UPON AND APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PERFORM JUDICIAL DUTIES IN PROBATE COURTS.
The Judiciary Committee proposed the following Amendment No. 1, (Doc. No. 4016J), which was adopted:
Amend the bill, as and if amended, by striking all before the enacting words and inserting:
/Whereas, the General Assembly finds that Article V of the Constitution of South Carolina mandates a unified judicial system; and
Whereas, the General Assembly further finds that magistrates, masters-in-equity, and probate judges are a part of the unified judicial system; and
Whereas, it is the purpose of this act to improve, enhance, and unify the administration and management of these judicial offices through a comprehensive measure by:
(1) establishing a statewide uniform structure for compensating magistrates, masters-in-equity, and probate Judges; and
(2) clarifying and revising the terms of office, jurisdiction, and fee schedules of certain of these judicial offices so as to make them uniform throughout the State. Now, therefore,/.
Amend further by striking all after the enacting words and inserting:
SECTION 1. Section 8-21-1010 of the 1976 Code is amended to read:
"Section 8-21-1010. Except as otherwise expressly provided, the following fees and costs shall must be collected by the magistrates and deposited in the general fund of the county:
(1) For for taking civil recognizance, with or without sureties, five dollars;
(2) For for granting an order for civil special bail, with or without sureties, five dollars;
(3) For for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;
(4) For for administering and certifying oaths or documents in writing, two dollars;
(5) For for issuing any prerogative writ, five dollars;
(6) In in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, fifteen twenty-five dollars;
(7) For for issuing execution and renewal thereof, ten dollars;
(8) For for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;
(9) For for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, five ten dollars;
(10) For for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer thereof of either;
(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;
(12) For taking and certifying renunciation of dower, five dollars;
(13) For for qualifying appraisers to set off homestead or qualifying sureties on any a bond posted in any a case, including bail bonds, five dollars;
(14)(13) For for each tax execution collected, five dollars;
(15)(14) For for filing or issuing any other paper not herein provided for in this section, five dollar;.
(16) No fees or costs shall may be chargeable assessed against any a party for summoning jurors or expense of jury service in any a criminal case, in which a trial by jury is had."
SECTION 2. Section 8-21-1060 of the 1976 Code is amended to read:
"Section 8-21-1060. Except as otherwise expressly provided, the following fees and costs shall must be collected by the magistrate or his officers and deposited in the general fund of the county:
(1) For summoning witness to magistrate court in a civil action, three dollars, plus mileage at the current state rate;
(2) For summoning the jury panel to try a civil action in magistrate court, five dollars, to be taxed against the losing party;
(3) For summoning a coroner's jury and witnesses, five dollars, and mileage, to be paid only if inquest is demanded by person other than the State, county, or authorized officer thereof;
(4) For serving a summons, rule, order, or notice by a magistrate in a civil action, five dollars, plus mileage;
(5) For serving an attachment or civil arrest on a person and making return thereof, five dollars, plus mileage;
(6) For selling an estray, five percent of the sale proceeds;
(7) For levying execution, posting notice of sale, conducting sale, and paying over proceeds in a magistrate court action, five ten dollars;
(8) For serving warrants, or any other criminal process, and for conveying prisoners by order of the magistrate or other court, mileage as permitted under Section 8-21-1040."
SECTION 3. Section 22-1-10 of the 1976 Code is amended to read:
"Section 22-1-10. The Governor may, by and with the advice and consent of the Senate, appoint magistrates in each county of the State, who shall hold their office for the term of two years and until their successors are appointed and qualified. The number of magistrates to be appointed for each county and their territorial jurisdiction shall be as prescribed by law prior to March 2, 1897, for trial justices in the respective counties of the the State, except as herein otherwise provided.
The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State who shall hold their office for the term of four years and until their successors are appointed and qualified. Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Clarendon, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.
The number of magistrates to be appointed for each county and their territorial jurisdiction is as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.
No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-one years upon his appointment, and has not received credit for at least sixty semester hours at an accredited post-secondary institution."
SECTION 4. The provisions of Section 22-1-10 of the 1976 Code do not apply to a magistrate serving on the effective date of this act during his tenure in office. Magistrates presently holding office must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of the effective date of this act and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation and such violation terminates that magistrate's term of office.
SECTION 5. Section 22-2-10 of the 1976 Code is amended to read:
"Section 22-2-10. Notwithstanding any other provisions of law and specifically Canon 7 of the Canons of Judicial Ethics, any Senatorial A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may must appoint a screening committee to assist them in their selection of nominees. Such delegations A delegation may also may direct the commissioners of election of the county from which magistrates are to be appointed to conduct a nonpartisan preferential election to assist in the selection process.
In the event If a nonpartisan preferential election for a magistrate's office is requested it shall must be conducted at the same time as the general election. The election shall be conducted by the election commission of the county wherein where the magistrate's office is situated. All such elections shall be are subject to the election laws of this State except as provided in this act chapter.
Whenever a majority of the Senators representing a particular county desire to have a preferential election for a magistrate's office, they shall notify the county election commission in writing at least one hundred and fifty but not more than two hundred and ten days before the general election.
The county election commission shall cause such advertise the election to be advertised three times in a daily and/or or weekly or bi-weekly biweekly newspaper of general circulation in the magisterial district in which such the election is to be held.
Any A qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the county election commission at least sixty days prior to before the date of the general election. The petition shall be is subject to the provisions of Sections 7-11-70 and 7-11-80 of the 1976 Code.
The preferential elections shall must be nonpartisan and no candidate shall have a party designation on the ballot. The candidate receiving the highest number of votes shall must be certified by the county commission as the winner. The commission shall report to each Senator representing the county the number of votes received by each candidate.
Any A candidate in a magistrate's preferential election may campaign for his own candidacy but shall may not identify himself with any a political party nor attend any partisan political meetings.
Participation of candidates in any of the processes authorized by this section shall is not be deemed to be a violation of Canon 7 of the Canons of Judicial Ethics."
SECTION 6. Section 22-3-10 of the 1976 Code is amended to read:
"Section 22-3-10. Magistrates shall have civil jurisdiction in the following cases:
(1) In in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed one thousand two thousand, five hundred dollars;
(2) In in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed one thousand two thousand, five hundred dollars;
(3) In in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed one thousand two thousand, five hundred dollars;
(4) In in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed one thousand two thousand, five hundred dollars;
(5) In in actions upon a bond conditioned for the payment of money, not exceeding one thousand two thousand, five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) In in any actions action upon a surety bond taken by them, when the penalty or amount claimed does not exceed one thousand two thousand, five hundred dollars;
(7) In in any actions action upon a judgment rendered in a court of a magistrate or an inferior court when such action it is not prohibited by Section 15-35-190 law or rule of the Supreme Court;
(8) To to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed shall does not exceed one thousand two thousand, five hundred dollars;
(9) In in any actions action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed one thousand two thousand, five hundred dollars;
(10) In in all matters between landlord and tenant and the possession of land as provided in Chapters 33 to 41 of Title 27;
(11) In in any actions action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, shall does not exceed the sum of one thousand two thousand, five hundred dollar; and
(12) In cases of bastardy."
SECTION 7. Title 22 of the 1976 Code is amended by adding:
Section 22-8-10. As used in this chapter:
(1) 'Chief magistrate' means the magistrate in each county who is designated by the Chief Justice of the South Carolina Supreme Court as the chief magistrate for administrative purposes for the county which he serves.
(2) 'Full-time magistrate' means a magistrate who regularly works forty hours a week performing official duties required of a magistrate as a Judicial officer.
(3) 'Part-time magistrate' means a magistrate who regularly works less than forty hours a week performing official duties required of a magistrate as a judicial officer.
Section 22-8-20. Magistrates are judicial officers, and the hours they spend in the performance of their official duties are hours spent in the exercise of their judicial function. The exercise of the judicial function involves the examination of facts leading to findings, the application of law to those findings, and the ascertainment of the appropriate remedy. Time spent in the performance of judicial functions also includes time spent performing ministerial duties necessary for the exercise of the magistrates' judicial powers, as well as necessary travel and training time. In the case of chief magistrates, the judicial function includes time necessary to perform the administrative and other duties required of a chief magistrate for administrative purposes. The classification or reclassification of magistrates as full time or part time must be made in consideration of these factors.
Section 22-8-30. (A) Each county shall provide sufficient facilities and personnel for the necessary and proper operation of the magistrates' courts in that county.
(B) Other personnel determined to be necessary by the county for magistrates in a county must be provided by the governing body of the county and must be county employees and be paid by the county.
(C) The compensation of constables may vary, and salaries and perquisites must be determined by the governing board of the county and funded by the county.
Section 22-8-40. (A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.
(B) All magistrates in this State must be paid the base salary as determined by the following factors:
(1) There is established a base salary for each population category as follows:
(a) for those counties with a population of two hundred thousand and above according to the latest official United States Decennial Census, the base salary is twenty-nine thousand dollars;
(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine according to the latest official United States Decennial Census, the base salary is twenty-seven thousand dollars;
(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine according to the latest official United States Decennial Census, the base salary is twenty-five thousand dollars;
(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars;
(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars;
(f) for those counties with a population of less than thirty-five thousand according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars.
(2) There is established a ratio of one magistrate for every thirty thousand persons in each county of the State based on the latest official United States Decennial Census.
(3) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.
The maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every thirty thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every thirty thousand persons in each county as provided by item (2) of this section and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) of this section. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If the average ratio results in a fraction of a magistrate, the county must round off the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.
(C) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.
(D) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body upon the recommendation of the chief magistrate.
(E) A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year.
(F) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties.
(G) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.
(H) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.
(I) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.
(J) No county may pay a magistrate lower than the base salary established for that county by the provisions of subsection (B) of this section.
(K) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county.
(L) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying in excess of the minimum base salaries provided for in this section.
Section 22-8-50. (A) A magistrate aggrieved by a ruling or action taken by a county or the governing body of the county concerning classification, reclassification, or compensation of magistrates based upon this chapter, or with respect to the operation of the magistrates' court system within the county, may petition the county governing body, in writing, for redress.
(B) The county governing body of each county shall hear and determine contested cases arising within the county in connection with classification, reclassification, and compensation of magistrates, or with respect to the operation of the magistrates' court system within its county, in accordance with the provisions of Article 3, Chapter 23, of Title 1, and subject to judicial review as provided in Section 1-23-380."
SECTION 1. Section 14-11-10 of the 1976 Code is amended to read:
"Section 14-11-10. There As a part of the unified judicial system, there is hereby may be established in each of the several counties of this State a master-in-equity court. The master-in-equity for the court must be appointed pursuant to the provisions of Section 14-11-20.
The master-in-equity for each county holding office on the effective date of this shall continue to serve as master-in-equity until the expiration of his term of office at which time his successor shall be selected as provided by law; provided, however, nothing herein shall prohibit. The governing bodies of any two or more counties from joining may join together to elect one fund the office of master-in-equity to serve two or more counties, if such action is approved by the General Assembly. Funding of such this master-in-equity shall must be borne by each county so included on a per capita population basis."
SECTION 2. The master-in-equity for each county presently holding office continues to serve as master-in-equity until the expiration of his term of office at which time his successor may be selected as provided by law.
SECTION 3. The 1976 Code is amended by adding:
"Section 14-11-15. The equity court is considered a division of the circuit court, and the master-in-equity, as judge of the equity court, is entitled to all the benefits and subject to all the requirements of the South Carolina Bar and the rules of the Supreme Court in the same respect as circuit court and family court judges. This section may not be construed as providing retirement for masters-in-equity under the provisions of Chapter 8 of Title 9."
SECTION 4. Section 14-11-20 of the 1976 Code is amended to read:
"Section 14-11-20. Masters-in-equity shall must be appointed by the Governor with the advice and consent of the General Assembly a majority of the legislative delegation of the county or counties which the master-in-equity serves for a term of four six years and until their successors shall be are appointed and shall qualify. The Governor in his appointment shall designate the master-in-equity to serve either in a full-time or part-time capacity. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six years upon his appointment, has not been a licensed attorney for at least five years upon his appointments and has not been a resident of this State for five years immediately preceding his appointment.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 5. Section 14-11-30 of the 1976 Code is amended to read:
"Section 14-11-30. A master-in-equity shall be compensated in such amounts as may be provided and appropriated by the governing body of the county in which such master-in-equity shall serve, provided, a salary scale based upon caseload by the Court Administrator's office may be used as a guidelines by the governing body of a county in compensating the master-in-equity, but n no case shall the governing body of a county have a full-time master compensate such master in an amount less than he is receiving as of June 15, 1979, provided, further, that nothing in this section shall in any way give the Court Administrator's office any additional control over the masters-in-equity.
The governing body of the county or counties in which a master-in-equity serves shall provide the salary, equipment, facilities, and supplies of the master-in-equity, together with the salaries of support personnel and all other costs for the necessary and proper operation of the master-in-equity's office. The salaries of the masters-in-equity are as follows:
(1) Where the area served has a population of up to thirty-four thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to ten percent of that of a circuit judge.
(2) Where the area served has a population of between thirty-five thousand and forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to fifteen percent of that of a circuit judge.
(3) Where the area served has a population of between fifty thousand and seventy-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to twenty-five percent of that of a circuit judge.
(4) Where the area served has a population of between eighty thousand and ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census the master-in-equity serving that area is part time and must be paid a salary equal to forty-five percent of that of a circuit judge.
(5) Where the area served has a population of between one hundred thousand and one hundred nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to fifty-five percent of that of a circuit judge.
(6) Where the area served has a population of between one hundred ten thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to seventy-five percent of that of a circuit judge.
(7) Where the area served has a population of between one hundred fifty thousand and one hundred ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to eighty percent of that of a circuit judge.
(8) Where the area served has a population of between two hundred thousand and two hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to eighty-five percent of that of a circuit judge.
(9) Where the area served has a population of over two hundred fifty thousand, according to the latest official United States Decennial Census, or where the area served is located in a county which generates four million dollars or more in accommodations tax revenue, the master-in-equity serving that area is full time and must be paid a salary equal to ninety percent of that of a circuit judge.
No sitting master-in-equity, whether full time or part time, may have his salary reduced during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent master-in-equity is reappointed."
SECTION 6. Section 14-11-60 of the 1976 Code is amended to read:
"Section 14-11-60. In case of a vacancy in the office of master-in-equity or in case of the disqualification or disability of the master-in-equity from interest or any other reason for which cause can be shown the circuit court or a judge thereof presiding circuit court judge may, upon agreement of the parties, appoint a special referee in any case who shall as to such the case be clothed with has all the powers of a master-in-equity. The special referee must be compensated by the parties involved in the action."
SECTION 7. Section 14-11-90 of the 1976 Code is amended to read:
"Section 14-11-90. Each master in all causes referred to him shall have power:
(1) To hear all motions and make orders thereon.
(2) To extend the time to answer or demur.
(3) To grant leave to amend pleadings and make new parties.
(4) To appoint Guardians as Litem and to appoint attorneys for defendants entitled to the protection of the Soldiers' and Sailors' Relief Act of 1940, as from time to time amended.
(5) To make all orders necessary for the service by publication of absent defendants.
(6) To enter final judgments in matters referred to him for final disposition in accordance with Section 15-31-10.
He may also make orders of reference of matters of account, reserving all the equities of the parties, and may grant all such orders of an interlocutory character as may be necessary to prepare such causes for a hearing on the merits, but all such orders shall be subject to the revision of the presiding judge at the next succeeding sitting of the court of the resident circuit judge at chambers unless the cause was referred to the master for final disposition under the provisions of Section 15-31-10. Final orders based on reports of masters shall be executed by circuit judges except where the master enters final judgment pursuant to provisions of Section 15-31-10. Appeals from final judgments entered by a master pursuant to Section 15-31-10 shall SCRCP 53(e)(1) must be to the circuit court unless otherwise directed by order of the circuit court or by consent of the parties."
SECTION 8. Section 14-11-310 of the 1976 Code is amended to read:
"Section 14-11-310. Masters-in-equity shall collect the following fees which shall must be deposited in the general fund of the county:.
(1) For every day or part thereof spent in the business of a reference, twenty-five dollars.
(2) For making and filing of each report in a cause, fifteen dollars.
(3) For examining or auditing accounts of guardians, trustees or receivers, five dollars.
(4) For fees or commissions on monies passing through the court by sales or otherwise, one-half of one percent, up to a maximum of one thousand dollars for any one sale or for any one action referred to it.
(5) For proceeding on a petition to determine homestead, twenty-five dollars.
(6) For issuing subpoena or subpoena duces tecum, one dollar.
(7) For each master's summons or orders issued appointing or establishing a hearing date, two dollars.
(8) For preparing or executing any deed of conveyance or mortgage under court order or statute, fifteen dollars.
(9) For the public or private sale or auction (per lot or parcel), five dollars.
(10) For receiving and filing any bond required in civil action, including justification of surety, six dollars.
(11) For all other orders, five dollars.
Provided that a minimum deposit of fifty dollars for a master's fee and cost shall be collected by the master-in-equity and deposited in the general fund of the county upon filing of the order of reference; provided, further, that in actions for partition, the minimum deposit shall be one hundred dollars. Such deposits shall cover or be applied to costs and fees for issuance of orders, reports and for other official acts by the master, except costs on sales and fees for receiving and paying over money officially.
(1) in actions for partitions, foreclosure of liens upon real property, or sales of real property, either in private or by auction, a fee of one hundred dollars. If the matter requires more than one day of hearing, there is a thirty-five dollar charge for each additional day or portion of the day until the matter is concluded;
(2) for the preparation of a deed, a fee of twenty-five dollars;
(3) on sales of land, a fee equal to one percent of the bid or of the funds passing through the court, whichever is greater. The minimum commission collectible under this item is twenty-five dollars, and the maximum commission is two thousand, five hundred dollars;
(4) for a supplemental proceeding, a fee of twenty-five dollars;
(5) in all other cases, fifty dollars for the first day's hearing or any portion of the day and for each day after the first day, thirty-five dollars. The fees must be assessed at the time of the order or report of the master-in-equity.
The fees provided for in this section, including the first day's fee provided for in item (5) and excluding the commission on sale, must be paid at the time the order of reference is signed and is nonrefundable unless so ordered by the master-in-equity on proper cause being shown. The cost of transcribing the record is in addition to the fees provided for in this section and must be assessed at the rate prescribed for circuit courts."
SECTION 1. Section 14-27-20 of the 1976 Code is amended to read:
"Section 14-27-20. The Judicial Council shall be is composed of the following:
(1) The the Chief Justice of the Supreme Court of South Carolina, or some other member of the court designated by him;
(2) Two two circuit court judges of the State;
(3) A representative of the interior courts of the State, including the county courts and the courts of juvenile-domestic relations two family court judges of the State;
(4) A two representative of the probate courts judges of the State;
(5) The the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors;
(6) The dean the Dean or a member of the faculty of the Law School of the University of South Carolina;
(7) The president the President of the South Carolina State Bar;
(8) The the Lieutenant Governor or his designee;
(9) The speaker the Speaker of the House of Representatives or his designee;
(10) The chairman the Chairman of the Senate Finance Committee or his designee;
(11) The chairman the Chairman of the House Ways and Means Committee or his designee;
(12) The chairman the Chairman of the Senate Judiciary Committee or his designee;
(13) The chairman the Chairman of the House Judiciary Committee or his designee;
(14) The director the Director of the Legislative Council;
(15) Six six other members, of whom at least four shall must be members of the bar of this State;
(16) Two two judges of the magistrates' courts.;
(17) two masters-in-equity."
SECTION 2. Section 14-27-30 of the 1976 Code is amended to read:
"Section 14-27-30. The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit judges; the representative of the inferior courts two family court judges; the representatives two of the probate courts judges; the two judges of the magistrates' courts; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the dean Dean or member of the faculty of the Law School of the University of South Carolina; and the six remaining members of the Judicial Council.
The Lieutenant Governor, the Speaker of the House or their designees, the Chairmen chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina State Bar shall serve ex officio."
SECTION 3. Section 14-27-40 of the 1976 Code is amended to read:
"Section 14-27-40. Members of the Judicial Council shall serve for the following terms:
(1) If he designates no other member of the Supreme Court, the Chief Justice shall serve serves during his term of office;. If the Chief Justice designates some other member of the court, the other member serves during his term of office.
(2) The Lieutenant Governor, Speaker of the House or their designees, chairman and the chairmen of the Senate Finance Committee, chairman of the House Ways and Means Committee, chairman of the Senate Judiciary Committee, and chairman of the House Judiciary Committee or their designees shall serve during their respective terms as such; those officers.
(3) The president President of the South Carolina State Bar shall serve serves during his term of office;.
(4) The member of the legal department of the State (Attorney General, one of the Assistant Attorneys General, or one of the circuit solicitors) shall serve serves for a period of four years;.
(5) The dean Dean or member of the faculty of the Law School of the University of South Carolina shall serve serves for a period of four years;.
(6) The two circuit judges shall serve for a term period of four years each;.
(7) The representative of the inferior courts two family court judges serve for a period of four years;.
(8) The representative two judges of the probate courts shall serve serve for a period of four years;.
(9) The director Director of the Legislative Council shall serve serves during his term of office;.
(10) The two judges of the magistrates' courts shall serve for a period of four years each;.
(11) The two masters-in-equity serve for a period of four years each.
(11)(12) Three of the remaining six members of the Judicial Council shall must be appointed initially for terms of two years each, and three members shall must be appointed initially for terms of four years each and thereafter. After the initial appointments all six members shall must be appointed for terms of four years each.
The members designated in subsections items (4), (5), (6), (7), and (8) shall (8), (10), and (11) cease to be members of the Judicial Council prior to before the expiration of their respective terms should if they cease to hold the official positions entitling them to membership of on the Judicial Council."
SECTION 1. Section 8-21-760 of the 1976 Code is amended to read:
"Section 8-21-760. The probate judge of the several counties shall judges must receive such salaries for performance of their duties as may be fixed by the governing body of the county, which shall not be diminished during their terms of office pursuant to Section 8-21-765.
A probate judge who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if that judge is reelected.
Such compensation shall not be measured or affected by the fees and costs received by such officers under the provisions of this article.
The governing body of the county shall provide the salary, equipment, facilities, and supplies of the support personnel and staff of the probate judge, together with all other costs necessary for the efficient operation of the court, including but not limited to court reporters, secretaries, clerks, per diem travel, educational, and other benefits for the judge and his staff. A probate judge is not prohibited from acting as special referee with the agreement of the county governing body, but no probate judge is eligible to serve as a standing master-in-equity.
The probate judge in each county must serve full time and shall carry out all duties assigned by law.
All such fees Fees and costs received under the provisions of this article by such the officials of any a county shall must be accounted for and paid into the general fund of the county as directed by the governing body thereof of that county. Any remuneration received by a probate judge for performing duties assigned by the Department of Mental Health must be remitted by the probate judge to the county treasurer for deposit into the general fund of the county."
SECTION 3. The 1976 Code is amended by adding:
"Section 8-21-765. (A) The salary of the office of probate judge is based on a salary schedule which uses base salaries determined by population categories according to the latest official United States Decennial Census. The governing body of each county shall pay the probate judge of the county a base salary as follows:
(1) For those counties with a population of two hundred thousand and above, the base salary is fifty-nine thousand dollars.
(2) For those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine, the base salary is forty-nine thousand dollars.
(3) For those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, the base salary is thirty-eight thousand dollars.
(4) For those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, the base salary is thirty-three thousand dollars.
(5) For those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, the base salary is thirty-one thousand, five hundred dollars.
(6) For those counties with a population of at least twenty thousand but not more than thirty-four thousand, nine hundred ninety-nine, the base salary is twenty-five thousand dollars.
(7) For those counties with a population less than twenty thousand, the base salary is twenty-two thousand, five hundred dollars.
(B) The South Carolina Court Administration is charged with monitoring compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying in excess of the minimum base salaries provided for in this section.
A probate Judge is entitled to the same perquisites as those employees of the county of similar position and salary.
A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year."
SECTION 4. Section 14-23-1040 of the 1976 Code is amended to read:
"Section 14-23-1040. No person shall be is eligible to hold the office of judge of probate or associate judge of probate unless he is who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be such a judge and has not received a four year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State."
SECTION 5. The 1976 Code is amended by adding:
"Section 9-11-25. Probate Judges may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular State Retirement. A probate judge who elects to participate in a police retirement system shall first reimburse the South Carolina Retirement System for the difference between amounts paid by the judge and the county into the regular retirement system, and the amounts which should have been paid in by the judge and the county for the previous years of service under the Police Officers Retirement System, not to exceed five years of previous service. Upon election to join the Police Officers Retirement System and the payment of all amounts due, the probate judge and the county shall pay the contribution required to the Police Officers Retirement System out of each salary check."
SECTION 6. Section 14-23-1040 of the 1976 Code does not apply to probate Judges presently holding office upon the effective date of this act.
SECTION 1. Sections 14-11-140, 14-11-320, and 22-2-180 of the 1976 Code are repealed.
This act takes effect July 1, 1989, except Section 22-3-10 of the 1976 Code amended in Part I of this act takes effect July 1, 1990./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. RUDNICK raised the Point of Order whether the Bill had a Fiscal Impact Statement as to the cost to the county as well as the cost to the state.
The SPEAKER stated there is a statute which governs the House, but not a rule, which requires the sponsor of legislation to attach a statement of estimated fiscal impact on counties and municipalities, and if the statement of estimated fiscal impact is different when it comes from committee, then the committee chairman shall call for the same to be attached, which had been complied with by the chairman, and he overruled the Point of Order.
The amendment was then adopted.
Rep. WILKINS explained the Bill.
The SPEAKER granted Rep. HUMPHRIES a leave of absence for the remainder of the day.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 4184J), which was adopted.
Amend the bill, as and if amended, by striking the last part and inserting an appropriately numbered part to read:
This act takes effect July 1, 1989./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS proposed the following Amendment No. 3 (Doc. No. 4187J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, Section 22-8-40, as contained in SECTION 7, page 1-10, by striking the sentence beginning on line 42 and inserting /If a fraction of a magistrate results, the county must round off the fraction, establishing an additional part-time magistrate./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the remainder of the day.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 4197J), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking item (6) of Section 8-21-1010 of the 1976 Code, as contained in SECTION 1, which item begins on line 27 of page [1-2] and inserting:
/(6) In in all civil actions, for issuing a summons and a copy for defendant, and for giving Judgment with or without a hearing, fifteen dollars where the amount in controversy is one thousand dollars or less, and twenty-five dollars where the amount in controversy is more than one thousand dollars but less then the maximum amount of the magistrate court's civil jurisdiction;/.
Amend the Report further, as and if amended, by striking item (7) of Section 8-21-1060 of the 1976 Code, as contained in SECTION 2, which item begins on line 1 of page [1-4] and inserting:
/(7) For levying execution, posting notice of sale, conducting sale, and paying over proceeds in a magistrate court action, five dollars;/.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 15.
Reps. WILKINS and HAYES proposed the following Amendment No. 6 (Doc. No. 4230J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 1-5, by striking Section 22-2-10, as contained in SECTION 5, and inserting:
/Section 22-2-10. Notwithstanding any other provisions of law and specifically Canon 7 of the Canons of Judicial Ethics, any Senatorial A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may must appoint a screening committee to assist them in their selection of nominees. Such delegations may also direct the magistrates are to be appointed to conduct a nonpartisan preferential election to assist in the selection process.
In the event a nonpartisan preferential election for a magistrate's office is requested it shall conducted at the same time as the general election. The election shall be conducted by the election commission of the county wherein the magistrate's office is situated. All such elections shall be subject to the election laws of this State except as provided in this act.
Whenever a majority of the Senators representing a particular county desire to have a preferential election for a magistrate's office, they shall notify the county election commission in writing at least one hundred and fifty but not more than two hundred and ten days before the general election.
The county election commission shall cause such election to advertised three times in a daily and/or weekly or bi-weekly newspaper of general circulation in the magisterial district in which such election is to be held.
Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballet by filing a petition with the county election commission at least sixty days to the date of the general election. The petition shall be subject to the provisions of Sections 7-11-70 and 7-11-80 of the 1976 Code.
The preferential elections shall be nonpartisan and no candidate shall have a party designation on the ballot. The candidate receiving the highest number of votes shall be certified by the county commission as the winner. The commission shall report to each Senator representing the county the number of votes received by each candidate.
Any candidate in a magistrate's preferential election may campaign for his own candidacy but shall not identify himself with any political party not attend any partisan political meetings.
Participation of candidates in any of the processes authorized by this section shall not be deemed to be a violation of Canon 7 of the Canons of Judicial Ethics./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 7 (Doc. No. 4260J), which was adopted.
Amend the bill, as and if amended, page 1-5, Section 4, by adding before the last sentence beginning on line 24: /However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on the effective date of this act./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Reps. McEACHIN, HAYES and WILKINS proposed the following Amendment No. 8 (Doc. No. 4250J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 1-12, PART II, Section 1, by striking Section 14-11-10 and inserting:
/Section 14-11-10. There As a part of the unified judicial system, there is hereby established in each of the several counties of this State having a population of at least one hundred thirty thousand, according to the latest official United States Decennial Census, a master-in-equity court. The master-in-equity for the court must be appointed pursuant to the provisions of Section 14-11-20. The master-in-equity for each county holding office on the effective date of this act shall continue to serve as master-in-equity until the expiration of his term of office at which time his successor shall be selected as provided by law; provided, however, nothing herein shall prohibit. Nothing in this section prohibits a county or area with a population of less than one hundred thirty thousand, according to the latest official United States Decennial Census, from having a Part-time master-in-equity. The governing bodies of any two or more counties from joining may join together to elect one fund the office of master-in-equity to serve two or more counties, if such action is approved by the General Assembly. Funding of such this master-in-equity shall must be borne by each county so included on a per capita population basis."
Amend further, page 1-14, Section 14-11-30, as contained in SECTION 5, by striking items (5) and (6) and inserting:
/(5) Where the area served has a population of between one hundred thousand and one hundred twenty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to fifty-five percent of that of a circuit judge.
(6) Where the area served has a population of between one hundred thirty thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to seventy-five percent of that of a circuit judge./
Amend title to conform.
Rep. McEACHIN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 9 (Doc. No. 4310J), which was tabled.
Amend the Report by the Committee on Judiciary, as and if amended, in Section 22-1-10 of the 1976 Code, as contained in SECTION 3 of PART I, page 1-5, lines 7, 8, 9, and 10, by striking /, and has not received credit for at least sixty semester hours at an accredited post-secondary institution/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 54 to 21.
Rep. KIRSH proposed the following Amendment No. 11 (Doc. No. 4312J), which was tabled.
Amend the Report by the Committee on Judiciary, as and if amended, in Section 14-11-30(4) of the 1976 Code, as contained in SECTION 5 of PART II, page 1-15, line 30, by striking /forty-five/ and inserting /thirty-five/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. FERGUSON proposed the following Amendment No. 1, which was tabled.
Amend as and if amended, Section 3 pages 1-5 after line 10 add new sentence that all newly appointed Magistrates must be members of the South Carolina Bar Association.
Rep. FERGUSON explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 11.
Rep. LOCKEMY proposed the following Amendment No. 18, which was adopted.
Amend as and if amended, by adding a new Section after Section 2 stating:
A magistrate may award attorney's fees in the same manner as is provided by law for circuit judges in this state in civil matters.
Renumber as appropriate.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted by a division vote of 64 to 8.
Reps. RUDNICK and J.C. JOHNSON proposed the following Amendment No. 19 (Doc. No. 4230J), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 1-5, by striking Section 22-2-10, as contained in SECTION 5, and inserting:
/Section 22-2-10. Notwithstanding any other provisions of law and specifically Canon 7 of the Canons of Judicial Ethics, any Senatorial A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may must together with the county legislative delegation appoint a screening committee to assist them in their selection of nominees. Such delegations may also direct the commissioners of election of the county from which magistrates are to be appointed to conduct a nonpartisan preferential election to assist in the selection process.
In the event a nonpartisan preferential election for a magistrate's office is requested it shall be conducted at the same time as the general election. The election shall be conducted by the election commission of the county wherein the magistrate's office is situated. All such elections shall be subject to the election laws of this State except as provided in this act.
Whenever a majority of the Senators representing a particular county desire to have a preferential election for a magistrate's office, they shall notify the county election commission in writing at least one hundred and fifty but not more than two hundred and ten days before the general election.
The county election commission shall cause such election to be advertised three times in a daily and/or weekly or bi-weekly newspaper of general circulation in the magisterial district in which such election is to be held.
Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballet by filing a petition with the county election commission at least sixty days prior to the date of the general election. The petition shall be subject to the provisions of Sections 7-11-70 and 7-11-80 of the 1976 Code.
The preferential elections shall be nonpartisan and no candidate shall have a party designation on the ballot. The candidate receiving the highest number of votes shall be certified by the county commission as the winner. The commission shall report to each Senator representing the county the number of votes received by each candidate.
Any candidate in a magistrate's preferential election may campaign for his own candidacy but shall not identify himself with any political party nor attend any partisan political meetings.
Participation of candidates in any of the processes authorized by this section shall not be deemed to be a violation of Canon 7 of the Canons of Judicial Ethics.
Amend title to conform.
Rep. WILKINS raised the Point of Order that Amendment No. 19 was out of order as it violated the Constitutional provision that magistrates must be appointed with the advice and consent of the Senate.
Rep. RUDNICK argued contra the Point.
The SPEAKER stated that he could not rule on the constitutionality of an amendment and therefore, he overruled the Point of Order.
Rep. RUDNICK, with unanimous consent, amended the amendment at the desk.
Rep. RUDNICK explained the amendment.
Rep. WALDROP spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 47 to 30.
Rep. AYDLETTE proposed the following Amendment No. 20, which was adopted.
Amend as and if amended, Pages 1-5 of the Committee Amendment, beginning on line 6 by adding the following after the word "State", "and who has not been a resident of this state for at least 5 years,"
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS proposed the following Amendment No. 22, which was tabled.
Amended as and if amended pages 1-5 Section 3, by adding on line 9, post secondary institution, or two years experience.
Rep. O. PHILLIPS explained the amendment.
Rep. O. PHILLIPS continued speaking.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 23, which was adopted.
Amend as and if amended, Add a new Section which states:
When a Counterclaim is filed which if successful would exceed Two Thousand Five Hundred Dollars, then the initial claim and counterclaim shall be transferred to the Docket of the Common Pleas Court for that Judicial Circuit.
Renumber to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE, HUFF and FELDER proposed the following Amendment No. 25, which was ruled out of order.
Amend the Report of the Committee on Judiciary, as and if amended, by inserting on line 28 page 21 the following:
Section 9. Subsection B of Section 20-7-1370 of the 1976 Code is amended to read:
"B. Family court judges must be elected by the General Assembly for terms of four six years and until their successors are elected and qualify."
Section 10. Those family court judges presently serving shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualify.
Renumber Sections to Conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. SHORT raised the Point of Order that Amendment No. 25 was out of order as it was not germane to the Bill.
Rep. LIMEHOUSE argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. AYDLETTE proposed the following Amendment No. 26, which was tabled.
Amend as and if amended, Pages 1-5 of the Judiciary Committee amendment by adding a new sentence on line ten after the word "institution." "Any person appointed to the office of Magistrate must live in the district where he is appointed to serve."
Rep. AYDLETTE explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. FELDER proposed the following Amendment No. 27 (Doc. No. 4260J), which was adopted.
Amend as and if amended by adding a new section to Part II, to read as follows:
Section _____. The number of magistrates in the counties below 15,000 in population may be increased by one part-time additional magistrate if the number allowed under this Bill, as amended, is less by .25 than the number presently serving in office.
Rep. FELDER explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. FELDER spoke in favor of the amendment and, with unanimous consent, amended the amendment at the desk.
The amendment was then adopted.
Reps. ELLIOTT, BARFIELD and PEARCE proposed the following Amendment No. 28, which was adopted.
Amend as and if amended. Add an appropriately numbered section to Part I which states:
The provisions of this Part may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter.
Rep. ELLIOTT explained the amendment.
The amendment was then adopted.
Rep. GILBERT proposed the following Amendment No. 29 (Doc. No. 4230J), which was tabled.
Amend as and if amended:
Page 1-5, line 10 of the Committee Report after the word (Institution) add the following:
Or has not passed the Basic Skills Assessment Test which the latter will permit service for the first four years pending completion of the sixty semester hours of college credit.
Rep. GILBERT explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 59 to 9.
Rep. WILKINS proposed the following Amendment No. 30 (Doc. No. 4347J), which was adopted.
Amend the bill, as and if amended, Section 22-1-10 as contained in SECTION 3, page 1-5, by adding /has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education, / on line 7 after /appointment,/.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS proposed the following Amendment No. 1, which was tabled.
Amend as and if amended, Part 1, Section 3, line 10 by adding:
/or 4 years experience/.
Rep. O. PHILLIPS explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 51 to 14.
Rep. M.D. BURRISS proposed the following Amendment No. 32 (Doc. No. 4346J), which was tabled.
Amend the Committee Report, as and if amended, in "PART I, Magistrates", by adding an appropriately numbered section in that part as follows:
/SECTION _____. Notwithstanding any other provision of this Part I or other provision of law, there may not be any part-time magistrate in any county of this State who did not handle and dispose of at least fifty cases in the immediately preceding calendar year./
Renumber sections to conform.
Amend title to conform.
Rep. M.D. BURRISS explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. RUDNICK spoke upon the Bill.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.
Rep. RUDNICK moved that the House recede for 5 minutes, which was rejected.
The question then recurred to the passage of the Bill on second reading, as amended, which was agreed to.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 1 be read the third time tomorrow.
I regret that the House of Representatives did not allow me time for the Legislative Council to complete an amendment which would require that costs of this legislation be the burden of the state rather than the individual counties of South Carolina. The Constitutional requirement is for a unified court system, and all Judges' salaries are now the responsibility of the state. I do not feel that costs should be the burden of the counties of this state. If the state mandates change, the state should bear the responsibility of the costs.
Rep. Irene K. RUDNICK
The following was received.
The General Assembly, Columbia, S.C., May 19, 1988
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
By deleting SECTION 2, page 1006-3, beginning on line 1, which reads:
/SECTION 2. After the 1988 session of the General Assembly nothing may be designated as an official state emblem, animal, or other thing such as is listed in Article 9, Chapter 1, of Title 1 of the 1976 Code unless the bill designating it receives the vote of ninety-three members of the House of Representatives and thirty-five Senators./
so that when amended the bill reads:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Whereas, loggerhead sea turtles are recognized as a threatened specie and the destruction of their nesting habitat further threatens them with extinction; and
Whereas, sea turtles are an important part of the marine ecosystem; and
Whereas, sea turtles perform extended migrations between their feeding grounds and rookeries, and South Carolina is considered to have some of the most pristine nesting areas used for nesting of loggerhead sea turtles on the eastern coast; and
Whereas, the General Assembly recognizes that it is the responsibility of the State of South Carolina to preserve and protect our wildlife and natural resources. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-625. The loggerhead turtle (Caretta caretta) is the official reptile of the State."
SECTION 2. This act takes effect upon approval by the Governor./
/s/Donald H. Holland /s/Irene K. Rudnick /s/Ryan C. Shealy /s/D.L. Aydlette, Jr. /s/Nell W. Smith J. Michael Baxley On Part of the Senate. On Part of the House.
Rep. AYDLETTE explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. K. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4252 -- Reps. Rudnick, Sharpe, Huff, Pettigrew, Jones and Gentry: A CONCURRENT RESOLUTION TO DECLARE THAT THIS STATE IS CONTINUING TO COOPERATE FULLY TO LOCATE THE NEW PRODUCTION REACTOR AUTHORIZED BY CONGRESS AT THE SAVANNAH RIVER RESERVATION AND THAT SOUTH CAROLINA IS READY TO WELCOME THE REACTOR TO THE SAVANNAH RIVER SITE.
H. 4313 -- Reps. Winstead and Kohn: A CONCURRENT RESOLUTION TO CONGRATULATE STALL HIGH SCHOOL IN CHARLESTON COUNTY UPON CAPTURING ITS SECOND CONSECUTIVE CLASS AAA STATE SOFTBALL TITLE ON WEDNESDAY, MAY 18, 1988.
H. 4315 -- Rep. White: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE SOLOMON E. BONDS, JR., CHIEF SCHOOL ADMINISTRATOR OF THE JASPER COUNTY SCHOOL DISTRICT, FOR HIS EXCELLENT PUBLIC SERVICE, EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY FOR HIS MANY YEARS OF DISTINGUISHED EDUCATIONAL SERVICE TO THE STUDENTS AND FAMILIES OF JASPER COUNTY AND HIS STATE, AND WISHING HIM SUCCESS AND MUCH HAPPINESS IN HIS RETIREMENT.
H. 4316 -- Reps. Rhoad, McCain, Bennett and K. Bailey: A CONCURRENT RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF NATHALIE C. TANT AND HER CONTRIBUTIONS TO SOUTH CAROLINA AND THE STATE'S YOUTH.
H. 4317 -- Reps. Koon, J.H. Burriss, Derrick, Felder, Klapman, Sharpe, Sturkie and Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO CONGRESSMAN FLOYD SPENCE THAT HE HAVE A SPEEDY AND SUCCESSFUL RECOVERY FROM HIS DOUBLE LUNG TRANSPLANT SURGERY, AND TO EXPRESS THEIR ADMIRATION FOR THIS GREAT AND COURAGEOUS SOUTH CAROLINIAN AND AMERICAN.
H. 4318 -- Reps. Neilson, Wells, Harvin, O. Phillips, Moss, Arthur, Davenport, H. Brown, Baxley and Beasley: A CONCURRENT RESOLUTION COMMENDING THE STATE HOUSE TOUR GUIDES FOR THEIR OUTSTANDING WORK, DEDICATION, AND FRIENDLINESS.
H. 4319 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO WELCOME TO SOUTH CAROLINA THE LEADERS, STAFF, AND MEMBERS OF EXPLORER SHIP 1009 FROM BOWIE, MARYLAND, AS THEY BEGIN A SEA BASE HIGH ADVENTURE TRIP.
H. 4320 -- Reps. Edwards, Dangerfield, Koon, Petty, Winstead, Taylor, Cork, M.D. Burriss, L. Martin and T.M. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM F. ROSS FOR BEING CHOSEN "EXECUTIVE OF THE YEAR" FOR 1988 BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
H. 4321 -- Reps. O. Phillips, M.O. Alexander, T.C. Alexander, Altman, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES M. ARTHUR OF UNION FOR HIS MANY YEARS OF SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE.
At 3:10 P.M. the House in accordance with the motion of Rep. J.C. JOHNSON adjourned in honor of Lois T. Shealy, Clerk of the House of Representatives, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:38 P.M.