South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Wednesday, January 9, 1991

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words recorded by St. Matthew, Chapter 21, (v.28):

"Son, go work today in my vineyard".
Let us pray.

As we come to Inauguration Day in South Carolina... amid foreboding sounds in the world, and prayers for hope, we pray for Thy blessing to be upon Thy servants, Carroll Campbell and Nick Theodore and the other constitutional officers-elect, who will this day take their oaths of office.

May this be an hour for us all to rededicate ourselves, our talents, and every erg of energy in us to make the decisions, and do the things, that are right and good for the people of South Carolina.

As we begin a new era in the history of our State, may we remember the spirit... and the words of "The Mayflower Compact"... beginning... "In the Name of God. Amen."

So let us move into the future with faith without fear. Amen.

The PRESIDENT call for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

January 8, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Chief of the South Carolina Law-Enforcement Division, with term to expire coterminous with Governor:

Chief Robert M. Stewart, Sr., 3500 Fernandina Road, Apt. I-4, Columbia, South Carolina 29210

Referred to the Committee on Judiciary.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1192
Promulgated By Department of Health and Environmental Control
Standards for Licensing Community Residential Care Facilities
Received By Lt. Governor June 25, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1236
Promulgated By Department of Health and Environmental Control
WIC Vender Regulation
Received By Lt. Governor July 24, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1266
Promulgated By Department of Health and Environmental Control
Air Pollution Control Regulations and Standards
Received By Lt. Governor September 12, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1283
Promulgated By Department of Health and Environmental Control
Sexually Transmitted Diseases
Received By Lt. Governor August 29, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1289
Promulgated By Department of Highways and Public Transportation
Motor Vehicle Registration and Financial Responsibility
Received By Lt. Governor June 14, 1990
Referred to Senate Committee on Transportation
120 day expiration date pending Sine Die Adjournment

Document No. 1299
Promulgated By Health and Human Services Finance Commission
Medicaid/Medically Needy
Received By Lt. Governor July 9, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1300
Promulgated By Clemson University
Pesticide Control
Received By Lt. Governor July 31, 1990
Referred to Senate Committee on Agriculture & Natural Resources
120 day expiration date May 7, 1991

Document No. 1303
Promulgated By Department of Consumer Affairs
28-500. Enforcement of Motor Vehicle Express Warranties
Received By Lt. Governor June 19, 1990
Referred to Senate Committee on Transportation
120 day expiration date May 7, 1991

Document No. 1304
Promulgated By Department of Consumer Affairs
28-62. Adjustment of Dollar Amounts
Received By Lt. Governor June 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date May 7, 1991

Document No. 1305
Promulgated By Department of Consumer Affairs
28-400. Mortgage Loan Broker Certificate of Registration
Received By Lt. Governor June 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date May 7, 1991

Document No. 1307
Promulgated By Department of Health and Environmental Control
61-102. Standards for Licensing Birthing Centers
Received by Lt. Governor August 24, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1309
Promulgated By Department of Health and Environmental Control
Repeal of 61-31. Caged Layer Poultry Houses
Received By Lt. Governor September 11, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1312
Promulgated By Department of Insurance
69-33. Dates for Payment of Annual License Fees for Insurance Agents, Brokers, Adjusters, Agencies, and Motor Vehicle Physical Damage Appraisers
Received By Lt. Governor October 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date May 7, 1991

Document No. 1313
Promulgated By Department of Health and Environmental Control
61-68. Water Classifications and Standards
(Criteria for Toxic Substances to Protect Human Health)
Received By Lt. Governor December 17, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1314
Promulgated By Wildlife and Marine
Lake Murray - Daily Creel & Size Limit of Striped Bass (Rockfish)
Received By Lt. Governor August 24, 1990
Referred to Senate Committee on Fish, Game and Forestry
120 day expiration date May 7, 1991

Document No. 1322
Promulgated By Board of Cosmetology
35-20. Sanitary and Safety Rules for Salons and Schools
Received By Lt. Governor January 8, 1991
Referred to Senate General Committee
120 day expiration date May 7, 1991

Document No. 1326
Promulgated By Department of Health and Environmental Control
61-57. Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems
Received By Lt. Governor November 19, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1328
Promulgated By Licensing Board for Contractors
Article 6. Administration of Fire Protection Sprinkler Systems Act
Received By Lt. Governor November 9, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date May 7, 1991

Document No. 1329
Promulgated By Licensing Board for Contractors
29-11. Grounds for Revocation of License; Charges
Received By Lt. Governor November 9, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date May 7, 1991

Document No. 1334
Promulgated By Board of Education
43-90. Teacher Education Programs Offered by Colleges and Universities in South Carolina
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
120 day expiration date May 7, 1991

Document No. 1337
Promulgated By Department of Health and Environmental Control
Standards for Licensing Day Care Facilities for Adults
Received By Lt. Governor January 8, 1991
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1338
Promulgated By Board of Registration for Professional Engineers and Land Surveyors
Article 4. Minimum Standards Manual for Practice of Land Surveying in South Carolina
Received By Lt. Governor December 14, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date May 7, 1991

Document No. 1341
Promulgated By Coastal Council
1990 Amendments to Coastal Zone Management Act
Received By Lt. Governor January 8, 1991
Referred to Senate Committee on Agriculture & Natural Resources
120 day expiration date May 7,1991

Document No. 1343
Promulgated By State Board of Cosmetology
35-26. Minimum Requirements for Crossover Between Licensed Cosmetologists and Master Hair Care Specialists
Received By Lt. Governor December 11, 1990
Referred to Senate General Committee
120 day expiration date May 7, 1991

Document No. 1344
Promulgated By Board of Barber Examiners
Requirements for Licensing of Cosmetologists
Received By Lt. Governor January 7, 1991
Referred to Senate General Committee
120 day expiration date May 7, 1991

Document No. 1346
Promulgated By Health and Human Services Finance Commission
Article 4. Intermediate Sanctions for Medicaid Certified Nursing Home Facilities
Received By Lt. Governor January 4, 1991
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1348
Promulgated By Board of Education
43-130. Accreditation Standards Filed Defined Minimum Program for South Carolina School Districts: Grades 9-12, VII. The State High School Equivalency Diploma
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
120 day expiration date May 7, 1991

Document No. 1349
Promulgated By Board of Education
Graduation Requirements
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
120 day expiration date May 7, 1991

Document No. 1350
Promulgated By Board of Education
43-130. Defined Minimum Program for South Carolina School Districts: Basic Program for Grades 9-12 (Appendixes A & B)
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
120 day expiration date May 7, 1991

Document No. 1351
Promulgated By Board of Education
43-232. Basic Program for Grades 9-12 (43-232) (Appendix A)
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
120 day expiration date May 7, 1991

Document No. 1360
Promulgated By Board of Examiners in Opticianry
Fees and Registration
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991

Document No. 1362
Promulgated By Board of Social Work Examiners
Principals of Professional Ethics
Received By Lt. Governor January 7, 1991
Referred to Senate General Committee
120 day expiration date May 7, 1991

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1180
Promulgated By Department of Health and Environmental Control
Hazardous Waste Management Facility Location Standards
Received By Lt. Governor February 6, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 6, 1990
April 5, 1990-Resolution to disapprove introduced H. 4957
Sponsored by Reps. McElveen, McEachin, McLeod, G. Brown, Blanding, and Baxley
May 24, 1990- H. 5149 to disapprove
Introduced by House Agriculture and Natural Resources Committee
120 day period tolled
January 8, 1991-withdrawn and resubmitted
New expiration date: January 28, 1991

Referred to the Committee on Agriculture and Natural Resources.

Doctor Of The Day

Senator COURSON introduced Dr. Edward W. Catalano of Columbia, Doctor of the Day.

HOUSE CONCURRENCE

S. 390 -- Senators Passailaigue, Rose, McConnell and Washington: A CONCURRENT RESOLUTION COMMENDING AND THANKING QUANTUM CHEMICAL CORPORATION'S SUBURBAN PROPANE AND PETROLANE DISTRICTS FOR EXEMPLARY AID TO EMERGENCY MEDICAL SERVICES ORGANIZATIONS IN THE LOWCOUNTRY.

Returned with concurrence.

Received as information.

S. 391 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND D COMPANY, 8TH TANK BATTALION, U. S. MARINE CORPS RESERVE, OF RICHLAND COUNTY, ON ITS HEROIC EFFORT IN ASSISTING THE VICTIMS OF AN AUTOMOBILE ACCIDENT ON A STRETCH OF VIRGINIA INTERSTATE ON JULY 6, 1990.

Returned with concurrence.

Received as information.

S. 392 -- Senators Hinson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace Smith, Verne Smith, Nell Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO SENATOR JACK LINDSAY AS HE RECOVERS FROM HIS LUNG TRANSPLANT OPERATION AND TO WISH HIM THE VERY BEST OF LUCK IN THE MONTHS AHEAD AS HE BEGINS HIS RECUPERATION.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 394 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT SENATORS ADDRESS THE PRESIDENT AND THE APPROPRIATE PLACE FOR A SENATOR TO STAND WHILE ADDRESSING THE SENATE, SO AS TO PROVIDE THAT NO SENATOR MAY INTERRUPT ANOTHER SENATOR IN DEBATE WITHOUT THE SENATOR'S CONSENT, TO PROHIBIT IMPUTING UNWORTHY CONDUCT OR MOTIVES TO ANOTHER SENATOR, AND TO PROHIBIT ANY REMARKS OFFENSIVE TO ANY COUNTY OR MUNICIPALITY.

Be it resolved by the Senate:

That Rule 6 of the Rules of the Senate is amended to read:

"RULE 6

Senators Shall Address the President--

Contents of Remarks

Every Senator, when speaking, shall address the President, standing in his place and when he has finished shall take his seat. Senators when addressing the Senate may stand at their desk or may go to the podium in the center aisle.

No Senator may interrupt another Senator in debate without his consent, and to obtain consent he shall first address the President.

No Senator in debate, directly or indirectly, by any words, shall impute to another Senator any conduct or motive unworthy or unbecoming a Senator.

No Senator in debate may refer in an offensive manner to any county or municipality of this State."

Referred to the Committee on Rules.

S. 395 -- Senator Saleeby: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.

Whereas, the Joint Insurance Study Committee has been requested to study and is studying the South Carolina Reinsurance Facility with regard to its rates, losses, operation, and effects of cessation limitation, and additional time is needed to complete the study. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the time is extended for the committee to complete its study and make a report to the General Assembly no later than March 31, 1991.

Senator SALEEBY spoke on the Concurrent Resolution.

On motion of Senator SALEEBY, with unanimous consent, the Concurrent Resolution was ordered placed on the calendar for consideration tomorrow.

S. 396 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Gilbert, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO SHOW THE SOUTH CAROLINA GENERAL ASSEMBLY'S AND THE STATE OF SOUTH CAROLINA'S SUPPORT FOR THE UNITED STATES ARMED FORCES AND THE MULTINATIONAL FORCES FOR THEIR PEACE EFFORTS IN THE MIDDLE EAST AND TO SHOW, IN THE EVENT PEACE EFFORTS FAIL, THEIR SUPPORT FOR A SWIFT AND EFFECTIVE CONCLUSION TO ANY MILITARY CONFLICT.
Whereas, the world has responded unanimously in the greatest show of international solidarity ever in condemning the brutal invasion of Kuwait and the sinister disregard for international law perpetrated by Saddam Hussein; and

Whereas, the United States has taken the initiative to push for a peaceful solution through the use of sanctions and diplomacy approved by the United Nations against the expansionist Iraq; and

Whereas, the United States rapidly deployed key military units to Saudi Arabia, including forces from the State of South Carolina, and the Persian Gulf to thwart further aggression by the massive Iraqi military machine; and

Whereas, Marine and Army airborne units resolutely prepared to impede the Iraqi invasion until greater force could be brought to bear upon the ruthless military regime entrenched in Iraq; and

Whereas, the Arab world has sent troops to oppose another Arab nation and the unprecedented conglomeration of multinational forces in the Persian Gulf shows the world's strong resolve not to appease Saddam Hussein's aggression, but to stop him; and

Whereas, while the United States and President Bush have pushed for a peaceful solution supported by the United Nations, the Iraqis have defied peace and followed a deceptive policy aimed at buying time for Iraq to consolidate its ill-gotten and illegal fruits of war; and

Whereas, the United Nations has tired of Saddam Hussein's empty words and has authorized the use of military force to remove the invader from Kuwait and to announce that the world will not condone military imperialism; and

Whereas, the United States forces have responded without hesitation to the threat of military conflagration in the harsh terrain of the Middle East, and the United States and Allied forces face the enormous threat of a million man army and the largest tank concentration in world history; and

Whereas, even though the United States and its Allies have clear air and sea superiority, it still may be the infantryman with his rifle that must vanquish the Iraqis and seize and control all terrain; and

Whereas, while the world understands that war with Iraq will be costly and is to be avoided if possible, the United States recognizes that the best defense is a good offense, and that through a swift, massive, and overwhelming military strike the United States has the best chance for achieving swift and decisive victory with the minimum of casualties; and

Whereas, the numerous forces from South Carolina will serve with pride and distinction secure, nine thousand miles away, with the knowledge that we support them totally and appreciate their sacrifices. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly and the people of South Carolina take great pride in supporting the men and women of the United States Armed Forces in their peace efforts, who with their multinational brothers in arms, stand on the brink of war so that the history of military imperialism can be buried in the sands of the Middle East and that our resolve will ensure that our children will live in a better world where military aggression is no longer a viable political tool.

Be it further resolved, that every feasible effort should be made by the United States, the United Nations, and the world to obtain the peaceful withdrawal from Kuwait of Saddam Hussein's Iraqi invaders.

Be it further resolved, that in the event peace efforts fail, the members of the General Assembly completely support the allied military leaders and soldiers in their efforts to bring the violent conflict to a swift and decisive conclusion.

Be it further resolved that a copy of this resolution be sent to President George Bush, Joint Chiefs of Staff Chairman, Colin Powell, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the South Carolina Congressional Delegation, and Eston Marchant, Adjutant General of South Carolina.

Senator ROSE spoke on the Concurrent Resolution.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 397 -- Senator Waddell: A BILL TO AMEND SECTION 35-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE DEFINITION OF "BROKER-DEALER" DOES NOT INCLUDE A PERSON ACTING AS A BUSINESS BROKER WITH RESPECT TO THE SALE TO ONE PERSON OF ALL THE STOCK OF A CLOSELY-HELD CORPORATION.

Read the first time and referred to the Committee on Banking and Insurance.

S. 398 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-255 SO AS TO PROVIDE THAT TRUST FUNDS IN THE FORM OF DEPOSITS ON SHORT-TERM RENTALS MAY BE PLACED IN INSURED SOUTH CAROLINA FINANCIAL INSTITUTIONS AND INTEREST EARNED ON THE DEPOSIT BELONGS TO THE OWNER OF THE FUNDS UNLESS OTHERWISE AGREED TO IN WRITING, AND TO PROVIDE THAT THE WRITING MAY BE INCLUDED AS PART OF A PREPRINTED CONTRACT FORM.

Read the first time and referred to the Committee on Banking and Insurance.

S. 399 -- Senators Saleeby, Land, McConnell, Mullinax, and Pope: A BILL TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 400 -- Senators Saleeby, Land, McConnell, Mullinax, and Pope: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.

Read the first time and referred to the Committee on Banking and Insurance.

S. 401 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 402 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.

Read the first time and referred to the Committee on Banking and Insurance.

S. 403 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 404 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 405 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 406 -- Senator Drummond: A BILL TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE STATE BOARD OF EDUCATION, TO PROVIDE THAT HE SHALL RECEIVE A SALARY AND ALLOWANCE AS DETERMINED BY THE BOARD, TO PROVIDE THAT HE SHALL ACT AS SECRETARY AND ADMINISTRATIVE OFFICER TO THE STATE BOARD OF EDUCATION AND TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE; AND TO AMEND SECTIONS 59-5-10 AND 59-5-60, RELATING TO THE COMPOSITION, ORGANIZATION, AND POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD CONSISTS OF SEVEN MEMBERS, ONE ELECTED FROM EACH CONGRESSIONAL DISTRICT BY THE GENERAL ASSEMBLY AND A CHAIRMAN APPOINTED FROM THE STATE AT LARGE BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERMS OF MEMBERS, TO PROHIBIT THE ELECTION OR APPOINTMENT OF A MEMBER WHO HAS A CONFLICT OF INTEREST, TO REQUIRE CANDIDATES FOR ELECTION TO BE SCREENED BY THE JOINT LEGISLATIVE SCREENING COMMITTEE, AND TO REQUIRE THE BOARD TO APPOINT THE STATE SUPERINTENDENT OF EDUCATION.

Read the first time and referred to the Committee on Education.

S. 407 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

Read the first time and referred to the Committee on Education.

S. 408 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME BEGINNING AT AGE SIXTY-TWO OR ELECT TO DEFER HIS DEDUCTION UNTIL AGE SIXTY-FIVE, AT WHICH TIME THE TAXPAYER MAY DEDUCT UP TO TEN THOUSAND DOLLARS, TO PROVIDE TRANSITION PROVISIONS, TO PROVIDE THAT THE AGES AT WHICH TAXPAYERS MAY DEDUCT RETIREMENT INCOME MUST RISE IN TANDEM WITH ELIGIBILITY FOR SOCIAL SECURITY OLD AGE BENEFITS AND TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE THE METHOD OF MAKING THE ELECTION; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION.

Read the first time and referred to the Committee on Finance.

S. 409 -- Senator Waddell: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

Read the first time and referred to the Committee on Finance.

S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.

Read the first time and referred to the Committee on Finance.

S. 411 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

Read the first time and referred to the Committee on Finance.

S. 412 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISTRIBUTION OF TOBACCO PRODUCTS, SO AS TO CHANGE THE DUE DATE FOR RETURNS FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-21-820, RELATING TO THE SALE OF BUSINESS LICENSE STAMPS TO NONRESIDENTS, SO AS TO DELETE BOND REQUIREMENTS; TO AMEND SECTION 12-21-3500, RELATING TO BINGO LICENSE REPORTING REQUIREMENTS, SO AS TO EXEMPT CLASS C LICENSES FROM THE REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2729, SO AS TO REQUIRE SEPARATE LICENSES FOR COIN-OPERATED DEVICES WHICH TWO OR MORE PERSONS MAY PLAY INDEPENDENTLY; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3445 SO AS TO MAKE BINGO TAXES DUE ON OR BEFORE THE TWENTIETH DAY OF THE MONTH AFTER THE MONTH IN WHICH THE TAX ACCRUES; TO AMEND SECTION 12-23-60, RELATING TO THE ELECTRIC POWER TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTIONS 12-23-810 AND 12-23-830, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO DELETE PENALTIES AND INTEREST FROM THE CALCULATION OF TAX REVENUES AND TO DELETE REFERENCES TO PENALTIES, INTEREST, AND THE WAIVER OF PENALTIES AND INTEREST; TO AMEND SECTION 12-27-360, RELATING TO COLLECTION OF DELINQUENT GAS TAXES, SO AS TO PROVIDE FOR COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT AND COLLECTION PROVISION; TO AMEND SECTION 12-31-430, RELATING TO THE REPORTS MADE BY MOTOR CARRIERS FOR PURPOSES OF THE ROAD TAX, SO AS TO CHANGE THE REPORTING DATE FROM THE TENTH DAY TO THE LAST DAY OF EACH REPORTING MONTH; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO ASSESSMENTS TO PAY THE EXPENSES OF THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE THE ASSESSMENT DUE ON OR BEFORE THE TWENTIETH DAY OF OCTOBER OF EVERY YEAR; AND TO REPEAL SECTION 61-3-550 SO AS TO DELETE THE BOND REQUIREMENT FOR ALCOHOLIC LIQUOR WHOLESALERS.

Read the first time and referred to the Committee on Finance.

S. 413 -- Senator Land: A BILL TO AMEND SECTIONS 12-27-720, 12-27-750, AND 12-27-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUND ALLOWED FOR GASOLINE TAXES PAID ON GASOLINE USED EXCLUSIVELY IN FARM OPERATIONS, SO AS TO EXTEND THE REFUND TO GASOLINE PURCHASED FROM LICENSED RETAILERS.

Read the first time and referred to the Committee on Finance.

S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.

Read the first time and referred to the Committee on Finance.

S. 415 -- Senator Rose: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT TANGIBLE PERSONAL PROPERTY SOLD TO A COUNTY GOVERNMENT IN THIS STATE.

Read the first time and referred to the Committee on Finance.

S. 416 -- Senator Rose: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY BE PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS.

Read the first time and referred to the Committee on Finance.

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

Read the first time and referred to the Committee on Finance.

S. 418 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

Read the first time and referred to the Committee on Finance.

S. 419 -- Senator Shealy: A BILL TO PROVIDE THAT STATE FUNDS MAY NOT BE APPROPRIATED OR PAID ON THE BASIS OF RACE, AND TO PROVIDE THAT STATE FUNDS APPROPRIATED IN AID OF HEALTH, EDUCATION, WELFARE, AND IMPROVEMENTS MAY BE DISTRIBUTED ONLY ON THE BASIS OF NEED, TO REQUIRE APPLICANTS TO SUBMIT SWORN STATEMENTS OF FINANCIAL CONDITION, TO EXEMPT MERIT SCHOLARSHIPS AND FELLOWSHIPS FROM THE NEED CRITERION, AND TO PROVIDE THAT RACE MAY NOT BE A FACTOR IN AWARDING MERIT SCHOLARSHIPS AND FELLOWSHIPS.

Read the first time and referred to the Committee on Finance.

S. 420 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION APPLIES TO ALL INVENTORIES.

Read the first time and referred to the Committee on Finance.

S. 421 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

Read the first time and referred to the General Committee.

S. 423 -- Senators Courson, Martschink, Matthews, Pope, Rose, J. V. Smith, Washington, Giese, Hinson, Thomas, McGill, N. Smith, Mullinax and O'Dell: A BILL TO ENACT THE ETHICS REFORM ACT OF 1991, BY AMENDING SECTIONS 8-13-620 AND 8-13-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF AND RECORDKEEPING REQUIREMENTS FOR CAMPAIGN CONTRIBUTIONS, SO AS TO REQUIRE ADDITIONAL DISCLOSURE IN ADVANCE OF ELECTIONS, TO PROVIDE FOR MORE DETAILED DISCLOSURE, AND TO REQUIRE ALL CAMPAIGN CONTRIBUTION FILINGS TO BE FILED WITH THE STATE ETHICS COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, AND 8-13-710 SO AS TO PROHIBIT THE ACCEPTANCE OR SOLICITATION OF CASH CAMPAIGN CONTRIBUTIONS IN EXCESS OF FIFTY DOLLARS, TO ALLOW THE ACCEPTANCE OR SOLICITATION OF CAMPAIGN CONTRIBUTIONS ONLY FROM INDIVIDUALS AND POLITICAL ACTION COMMITTEES, PROHIBIT THE ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS FOR ANY ONE ELECTION IN EXCESS OF ONE THOUSAND DOLLARS FROM AN INDIVIDUAL OR FIVE THOUSAND DOLLARS FROM A POLITICAL ACTION COMMITTEE, TO REQUIRE A CAMPAIGN TO ESTABLISH A CHECKING ACCOUNT AND REQUIRE CONTRIBUTIONS TO BE DEPOSITED INTO THE ACCOUNT AND EXPENDITURES TO BE MADE BY CHECK AND PROVIDE EXCEPTIONS, TO REQUIRE CAMPAIGN PRINTED MATTER TO BEAR THE SPONSOR'S NAME AND ADDRESS AND PROVIDE EXCEPTIONS, TO PROHIBIT MEMBERS OF OR CANDIDATES FOR THE GENERAL ASSEMBLY FROM SOLICITING OR ACCEPTING CAMPAIGN CONTRIBUTIONS DURING THE LEGISLATIVE SESSION, TO PROHIBIT CANDIDATES FROM USING THEIR CAMPAIGN FUNDS TO CONTRIBUTE TO ANOTHER CANDIDATE, TO PROHIBIT THE CONVERSION OF CAMPAIGN FUNDS OR OTHER CAMPAIGN ASSETS TO PERSONAL USE AND TO PROVIDE FOR THE DISPOSITION OF SURPLUS CAMPAIGN FUNDS, TO PROHIBIT THE USE OF GOVERNMENT PERSONNEL AND FACILITIES IN ELECTION CAMPAIGNS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 8-13-10, 8-13-20, 8-13-110, 8-13-120, 8-13-610, 8-13-810, 8-13-830, AND 8-13-850, RELATING TO ETHICS AND THE STATE ETHICS COMMISSION, SO AS TO DEVOLVE ON THE STATE ETHICS COMMISSION FUNCTIONS OF THE ETHICS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, TO INCREASE THE MEMBERSHIP OF THE STATE ETHICS COMMISSION FROM SIX TO TWELVE, REQUIRE EQUAL REPRESENTATION ON THE COMMISSION OF THE TWO POLITICAL PARTIES HAVING THE LARGEST REPRESENTATION IN THE GENERAL ASSEMBLY, TO MAKE MEMBERS INELIGIBLE FOR REAPPOINTMENT, TO PROVIDE FOR TWO PANELS OF SIX MEMBERS EACH TO HEAR ETHICS MATTERS, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS AGAINST CANDIDATES FILED WITH THE STATE ETHICS COMMISSION BEFORE AN ELECTION, TO PROVIDE FOR AN ALTERNATE METHOD OF PROSECUTING COMPLAINTS WITH THE APPROVAL OF THREE-FOURTHS OF THE MEMBERS, TO ALLOW AN INDIVIDUAL TO REQUEST AN INVESTIGATION OF HIS OWN CONDUCT, TO CLARIFY THE APPLICATION OF REPORTING REQUIREMENTS TO PROBATE JUDGES, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS FILED AGAINST MEMBERS OF THE GENERAL ASSEMBLY BY REFERRING THE MATTER TO THE SPEAKER OF THE HOUSE OR PRESIDENT OF THE SENATE, AS APPROPRIATE, AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8, RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-480, 8-13-485, 8-13-495, 8-13-497, AND 8-13-832 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING AT A PUBLIC HEARING CONDUCTED BY A STATE BOARD, COMMITTEE, OR COMMISSION, AND TO PROHIBIT MEMBERS FROM REPRESENTING CLIENTS BEFORE SUCH ENTITIES, TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM VOTING ON APPROPRIATIONS AND APPOINTMENTS FOR AGENCIES FROM WHICH THEY OR A BUSINESS ASSOCIATE RECEIVES INCOME, TO PROHIBIT STATE PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FROM ACCEPTING THINGS OF VALUE FROM A REGISTERED LOBBYIST AGGREGATING MORE THAN ONE HUNDRED DOLLARS IN VALUE IN A CALENDAR YEAR, AND TO PROVIDE EXCEPTIONS, TO PROHIBIT FORMER MEMBERS OF THE GENERAL ASSEMBLY FROM ENGAGING IN PAID LOBBYING OF LEGISLATORS WITHIN TWO YEARS OF LEAVING THE GENERAL ASSEMBLY, TO REQUIRE THE DISCLOSURE OF SOURCES OF INCOME IN EXCESS OF ONE HUNDRED DOLLARS, THE EXACT AMOUNT OF MONEY RECEIVED FROM ENGAGING IN GAMES OF SKILL OR CHANCE WITH A REGISTERED LOBBYIST, THE IDENTITY OF INTERESTS IN PROPERTY, THE SOURCE AND AMOUNT OF INCOME IN EXCESS OF ONE THOUSAND DOLLARS FROM AN ENTITY EMPLOYING DIRECTLY OR INDIRECTLY A REGISTERED LOBBYIST, AND TO EXTEND THESE REPORTING REQUIREMENTS TO HOUSEHOLD MEMBERS, TO AMEND SECTIONS 2-17-20 AND 2-17-40, RELATING TO THE REGULATION OF LOBBYING, SO AS TO DEVOLVE THE REGULATION OF LOBBYING ON THE STATE ETHICS COMMISSION AND TO REQUIRE ADDITIONAL REPORTING BY LOBBYISTS; TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-55 AND 2-17-57, SO AS TO PROHIBIT REGISTERED LOBBYISTS FROM GIVING THINGS OF VALUE TO A STATE PUBLIC OFFICIAL OR EMPLOYEE AGGREGATING MORE THAN ONE HUNDRED DOLLARS VALUE IN A CALENDAR YEAR, AND TO PROHIBIT REGISTERED LOBBYISTS FROM PERSONALLY DELIVERING CAMPAIGN CONTRIBUTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190 AND 8-13-135, SO AS TO PROVIDE ETHICS EDUCATION FOR NEW MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE CONTINUING ETHICS EDUCATION PROGRAMS FOR PUBLIC OFFICIALS AND EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-195 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM BEING REIMBURSED FOR SUBSISTENCE EXPENSES IN EXCESS OF EXPENSES INCURRED; TO AMEND SECTIONS 7-11-15, 7-11-210, AND 7-13-40, AS AMENDED, RELATING TO ELECTIONS, SO AS TO PROVIDE FOR A PRIMARY DATE ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER AND TO REVISE FILING DATES; TO AMEND SECTION 16-9-210, RELATING TO GIVING OR OFFERING BRIBES TO OFFICERS, SO AS TO EXTEND THE OFFENSE TO SEXUAL FAVORS; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-455 SO AS TO PROHIBIT LEGISLATORS FROM SERVING EX OFFICIO ON STATE BOARDS AND COMMISSIONS, AND TO PROVIDE EXCEPTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-487 SO AS TO PROHIBIT LEGISLATORS FROM ACCEPTING HONORARIA FOR SPEECHES GIVEN IN THIS STATE OR ANY OTHER PLACE IF THE ORGANIZATION OPERATES IN THIS STATE.

Read the first time and referred to the Committee on Judiciary.

S. 424 -- Senator Hinds: A BILL TO AMEND SECTION 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE CODE, SO AS TO CHANGE THE NUMBER DISTRIBUTED TO EACH CIRCUIT COURT SOLICITOR FROM ONE TO FIVE.

Read the first time and referred to the Committee on Judiciary.

S. 425 -- Senator Drummond: A BILL TO AMEND SECTION 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A THIRD CONVICTION OF DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PRIOR CONVICTIONS FOR VIOLENT ACTS AGAINST A PERSON WHO IS A FAMILY OR HOUSEHOLD MEMBER ARE INCLUDED FOR SENTENCING PURPOSES.

Read the first time and referred to the Committee on Judiciary.

S. 426 -- Senator Fielding: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT COUNTY CONVENTIONS SHALL ELECT ONE MEMBER OF THE COMMITTEE FOR EVERY ONE-FORTY-SIXTH, OR MAJORITY FRACTION OF IT, OF THE NUMBER OF VOTES CAST FOR THE CANDIDATE OF THE PARTY IN THE LAST PRECEDING GENERAL GUBERNATORIAL ELECTION, TO REQUIRE THE STATE ELECTION COMMISSION TO FURNISH INFORMATION NECESSARY TO IMPLEMENT THE ELECTION OF COUNTY MEMBERS, TO PROVIDE THAT THE INITIAL COMMITTEE OF A NEWLY FORMED PARTY MUST BE COMPOSED OF ONE MEMBER FROM EACH COUNTY AND ITS STATE CHAIRMAN AND VICE-CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY.

Read the first time and referred to the Committee on Judiciary.

S. 427 -- Senator Rose: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CIVIL JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS, TO PROVIDE THAT THIS AMOUNT EXCLUDES COSTS, ATTORNEY'S FEES, OR STATUTORY DOUBLING OR TREBLING OF DAMAGES, AND TO INCLUDE COMMON LAW LANDLORD TENANT CAUSES OF ACTION WITHIN THE JURISDICTION OF MAGISTRATES; AND TO AMEND SECTION 22-3-30, RELATING TO COUNTERCLAIMS IN MAGISTRATES' COURT REQUIRING TRANSFER TO THE COURT OF COMMON PLEAS, SO AS TO INCREASE THE AMOUNT REQUIRING TRANSFER FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Read the first time and referred to the Committee on Judiciary.

S. 428 -- Senator Rose: A BILL TO AMEND SECTION 22-3-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTEMPT POWERS OF MAGISTRATES, SO AS TO INCLUDE MUNICIPAL JUDGES AND TO INCREASE THEIR AUTHORITY TO PUNISH FOR CONTEMPT FROM A TWENTY DOLLAR FINE OR TWELVE HOURS' IMPRISONMENT, OR BOTH, TO A ONE HUNDRED DOLLAR FINE OR TWELVE HOURS' IMPRISONMENT, OR BOTH.

Read the first time and referred to the Committee on Judiciary.

S. 429 -- Senator Rose: A BILL TO AMEND SECTION 8-21-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELIEF FROM PAYMENT OF MAGISTRATE COURT COSTS, SO AS TO CLARIFY CONDITIONS UNDER WHICH THE RELIEF MAY BE GRANTED.

Read the first time and referred to the Committee on Judiciary.

S. 430 -- Senator Rose: A BILL TO AMEND SECTION 27-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEEDINGS FOR COLLECTION OF RENT BY DISTRESS, SO AS TO EXCLUDE THE USE OF DISTRESS FOR THE COLLECTION OF RESIDENTIAL RENTS; AND TO AMEND SECTION 27-40-740, RELATING TO DISTRESS PROCEEDINGS UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DELETE THE USE OF RENT COLLECTION BY DISTRESS UNDER THIS ACT.

Read the first time and referred to the Committee on Judiciary.

S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.

Read the first time and referred to the Committee on Judiciary.

S. 432 -- Senator Rose: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES TO BE COLLECTED BY MAGISTRATES, SO AS TO CLARIFY FEES IN CIVIL ACTIONS, INCLUDING FEES IN ACTIONS BROUGHT BY LANDLORDS OR LESSORS, AND TO ADD THE COLLECTION OF FEES FOR INITIATING A PROCEEDING TO FORECLOSE A LIEN.

Read the first time and referred to the Committee on Judiciary.

S. 433 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-35 SO AS TO PROVIDE THAT RECORDS OF A PRIVATE ORGANIZATION, FOUNDATION, COMMITTEE, AGENCY, OR BOARD THAT RECEIVES OR EXPENDS PUBLIC FUNDS ARE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 30-4-20 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE IN THE DEFINITION OF "PUBLIC BODY", A PRIVATE ORGANIZATION, FOUNDATION, COMMITTEE, AGENCY, OR BOARD.

Read the first time and referred to the Committee on Judiciary.

S. 434 -- Senator Passailaigue: 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 TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Read the first time and referred to the Committee on Judiciary.

S. 435 -- Senators Waddell, Bryan, Giese, Fielding, Shealy and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

Read the first time and referred to the Committee on Judiciary.

S. 436 -- Senator Rose: A BILL TO AMEND SECTIONS 22-3-540 AND 22-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR BOTH, AND TO PROVIDE THAT THIS JURISDICTION CAN EXCEED THESE LIMITS WHERE AUTHORIZED.

Read the first time and referred to the Committee on Judiciary.

S. 437 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.

Read the first time and referred to the Committee on Judiciary.

S. 438 -- Senator Drummond: A BILL TO AMEND SECTION 58-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE LOCATION OF UNDERGROUND UTILITIES BEFORE EXCAVATION OR DEMOLITION FOR PURPOSES OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO REQUIRE PERSONS RESPONSIBLE FOR EXCAVATION OR DEMOLITION TO CONSULT WITH PUBLIC UTILITIES OPERATING IN THE AREA IN ORDER TO PREPARE A DETAILED UNDERGROUND UTILITY PLAN.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 439 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 440 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.

Read the first time and referred to the Committee on Medical Affairs.

S. 441 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE THAT THE SOCIAL SECURITY NUMBERS OF A CHILD'S PARENTS ARE INCLUDED ON THE CHILD'S BIRTH CERTIFICATE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3161 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE WILDCATS OF JONESVILLE HIGH SCHOOL OF UNION COUNTY ON WINNING THE CLASS A STATE FOOTBALL CHAMPIONSHIP FOR 1990.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3162 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL YELLOW JACKETS ON WINNING THE CLASS AAAA, DIVISION 2 STATE FOOTBALL CHAMPIONSHIP FOR 1990.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3163 -- Reps. Rudnick, Smith, Sharpe, Keesley, Gentry and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD T. OLSEN OF AIKEN COUNTY, FORMER AIKEN CITY COUNCILMAN, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

RECESS

At 11:30 A.M., on motion of Senator WADDELL, the Senate receded from business until after the Inaugural Ceremonies.

At 12:37 P.M., the Senate resumed.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. Joseph Newton Knotts of Lexington, S.C.

ADJOURNMENT

At 12:40 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 8:57 A.M.