Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Corinthians (I Cor. 15:58 NIV):
"Therefore, my dear brothers (and sisters),
stand firm. Let nothing move you. Always give
yourselves fully to the work of the Lord,
because you know that your labor in the Lord
is not in vain."
Let us pray.
God and Father of us all, we confess our sins of commission and omission, beseeching Your forgiveness.
We are aware that history is being made each day in these Chambers, recorded in the Journal, and sent through the subdivisions of our State for the ordering of our peoples' lives.
Help us to strive for the best for our people, right by our own consciences, and... most of all... pleasing to Thy Divine Majesty.
In our thoughtful exchanges, help us to assess our past, learning from our past, that we may be equal to the problems of today, in order that we may lay a foundation for peace, prosperity and the finest quality of life for our children's future.
Toward that end keep us "steadfast... always abounding in the work of the Lord."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1383
Promulgated By Clemson University
Japanese Beetle Quarantine
Received By Lt. Governor May 23, 1991
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date September 20, 1991
Senator NELL W. SMITH introduced Dr. Calvin Snipes of Easley, S.C., Doctor of the Day.
Senator SETZLER requested and was granted a leave of absence beginning at 5:15 P.M. today until 2:00 A.M. Friday morning.
Senator J. VERNE SMITH requested and was granted a leave of absence for tomorrow until 3:00 P.M.
Senator FIELDING requested and was granted a leave of absence from 1:15 P.M. until 5:00 P.M. today.
Columbia, S.C., May 23, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 3412 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS, AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM.
On motion of Senator LAND, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1008 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND FORT JACKSON BOULEVARD IN RICHLAND COUNTY THE "HYMAN RUBIN INTERCHANGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE INTERCHANGE ON WHICH THE NAME IS CLEARLY INDICATED.
Senator LOURIE spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1009 -- Senators Williams and Matthews: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MATTHEWS, S. 1009 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator McGILL, S. 1010 was order to receive a second reading on Friday, May 24, 1991.
H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.
Read the first time and referred to the Committee on Judiciary.
H. 3315 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.
Read the first time and referred to the Committee on Judiciary.
H. 3571 -- Reps. Rudnick, Baxley and Kempe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-325 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT MUST RECORD THE SATISFACTION OR CANCELLATION OF THE MORTGAGE WITHIN THIRTY DAYS OF RECEIPT OF THE AMOUNT NECESSARY TO SATISFY OR CANCEL THE DEBT SECURED BY THE MORTGAGE, TO AUTHORIZE INSTITUTIONS TO IMPOSE A REASONABLE FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS TO COVER THE COST OF RECORDING THE SATISFACTION OR CANCELLATION, TO IMPOSE A PENALTY ON A FINANCIAL INSTITUTION WHICH FAILS TO RECORD THE SATISFACTION OR CANCELLATION, TO MAKE THIS PENALTY AN ALTERNATIVE TO OTHER REMEDIES, TO PROVIDE EXCEPTION, AND TO MAKE THE SECTION APPLICABLE TO MORTGAGES SATISFIED OR CANCELED AFTER DECEMBER 31, 1991.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
Read the first time and referred to the Committee on Judiciary.
H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.
Read the first time and referred to the Committee on Finance.
H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
Read the first time and referred to the Committee on Transportation.
S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.
The House returned the Bill with amendments.
Senator HAYES explained the House amendments.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
The House returned the Bill with amendments.
Senator J. VERNE SMITH explained the House amendments.
On motion of Senator J. VERNE SMITH, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
The House returned the Bill with amendments.
Senator MARTSCHINK asked unanimous consent to take the Bill up for immediate consideration.
Senator MARTSCHINK explained the House amendments.
On motion of Senator MARTSCHINK, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.
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.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of Wednesday, May 22, 1991.
Senator WILLIAMS moved to carry over the Bill.
The Bill was carried over.
S. 997 -- Senators Lourie, Long and Hinds: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO RECOGNIZE THE TREMENDOUS VALUE OF THE MYRTLE BEACH AIR BASE AS A MILITARY INSTALLATION AND A CRITICAL COMPONENT OF OUR NATION'S DEFENSE AND STRONGLY URGE THIS COMMISSION TO CLOSELY SCRUTINIZE AND REVIEW THE BASE CLOSING PROCESS AND SELECTION AND TO REMOVE THE MYRTLE BEACH AIR BASE FROM THE CLOSING LIST.
Returned with concurrence.
Received as information.
S. 1004 -- Senator Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE THE WANDO HIGH SCHOOL "WARRIORS" SOCCER TEAM AND ITS COACH, TOM REILLY, OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 1007 -- Senators Macaulay and Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING JOHN CANNADY, FORMER PLAYER WITH THE NEW YORK GIANTS OF THE NATIONAL FOOTBALL LEAGUE, ON HIS RECENT INDUCTION INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.
Returned with concurrence.
Received as information.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
(By prior motion of Senator STILWELL)
Senators THOMAS and J. VERNE SMITH desired to be recorded as voting against third reading of the Bill.
H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.
Senator MACAULAY made a Parliamentary Inquiry as to what was the order of business of the Senate.
The PRESIDENT stated that the order of business while S. 1003 is under debate was as follows:
consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous;
(g) elections previously set by the General Assembly;
(h) matters relating to the reapportionment and redistricting of the
South Carolina House of Representatives, the South Carolina Senate, or the United States Congress;
(i) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and
H. 3967 (Local Bill relating to Greenville County); and
(j) resolutions authorizing a time and/or date for sine die
adjournment.
S. 1003 -- Judiciary Committee: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; TO FURTHER AMEND TITLE 2 BY ADDING SECTION 2-1-65, RELATING TO APPORTIONMENT OF MEMBERS OF THE SENATE INTO SENATORIAL ELECTION DISTRICTS EFFECTIVE WITH THE 1992 ELECTIONS, SO AS TO REAPPORTION THESE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; AND TO AMEND TITLE 7 BY ADDING SECTION 7-19-45, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator STILWELL spoke on the Bill.
As everybody knows the gravity of the situation with regard to redistricting and reapportionment, and I am sure everybody is very interested in this, it is, Mr. President, important that we set a record as to what we have done and how the Senate staff, the Senate Judiciary Committee, and the Reapportionment and Redistricting Subcommittee have conducted themselves during their deliberations of this bill. For that reason, I would like to go over, in more or less historical perspective, what has occurred so far, and I want to emphasize right up front that what we did was governed by several different considerations, not the least of which was to maximize public participation in the process. Now, when I say public participation, I'm not talking just about participation by the members of this body. I'm talking about participation from anybody from the outside, whether they be an individual, citizen and resident of the State of South Carolina, or whether they were members of groups that had inherent interests in the reapportionment and redistricting of this body, the body across the Hall, and the U. S. House of Representatives.
The Judiciary Committee, by the Chairman thereof, the President Pro Tempore of this body, appointed a Subcommittee on Reapportionment in, if I can read my notes, about June or July of last year, 1990. That committee consisted of seven individuals from across the diverse, geographic portions of this State. The chairman of that subcommittee was the Senator from Kershaw. We had a Senator from Charleston, we had a Senator from the Pee Dee, we had a Senator from the Piedmont, we had a Senator from the Midlands. We had black representation, we had white representation. We had Democratic representation, we had Republican representation. The effort on the part of the chairman of the Judiciary Committee, the President Pro Tempore, was to make sure there were avenues of approach for everyone who had any interest in this procedure to go through.
We had our first meeting on July 24, 1990. The subcommittee met for an organizational meeting at that time and staff counsel was appointed and staff counsel then, in the procedure of the subcommittee, became the legal counsel to the subcommittee and subject to all the legal considerations thereof as far as the attorney-client privilege and so forth was concerned. The subcommittee and others there were briefed by counsel on the procedures and the equipment that would be available for use and what was being considered. Also discussed at that time was a time-frame for working on reapportionment and redistricting, as well as the requirements of the U. S. Department of Justice insofar as it relates to the Voting Rights Act and all of the particular provisions thereof. We also discussed in some detail at that time the decisions that had previously been handed down by courts, particularly federal court, bearing on the Voting Rights Act and other gerrymandering considerations which had been in effect for many years, even before the Voting Rights Act.
Of course, one of the items that was foremost in our minds was compliance, full compliance, with the provisions of the Voting Rights Act. Every member of that subcommittee, as well as every member of this body, knows that that's one of the things we must by all means do. To that end, through the assistance of staff, an appointment was made in the fall of last year. Of course, we couldn't do any more work during the session last year, because we had no figures. We were simply laying the groundwork.
In the fall of last year, staff made an appointment with the U.S. Department of Justice, Civil Rights Division, Voting Rights Section. The members of the subcommittee traveled to Washington. As I recall, and this is subject to correction, all the members of the subcommittee, save one, made the trip. We met with the head of that section - his name is John Dunne - and his staff and the other attorneys in the Voting Rights Section of the U. S. Department of Justice. We told them basically what we proposed to do, what action we had taken so far to set the stage for redistricting and reapportionment. We got input from them. I'm not going to go into detail what that input was, but it's been widely disbursed in the press and in this body as to what we were told on that occasion.
Thereafter, the subcommittee, after that meeting in Washington, met again on November 28th of last year, 1990. All notices stating the date, time, and place for that meeting were posted on the public-bulletin boards around the State House. Groups with an obvious interest in reapportionment, such as the NAACP, the State Republican Party, and the League of Women Voters, were contacted specifically. In this meeting, which was in November in the off-session, the subcommittee heard about the census figures from Bobby Bowers of the State Bureau of Research and Statistics and received further information about Senate equipment that would be utilized in this process. The subcommittee also discussed proposals to increase public participation in the reapportionment and redistricting process. A proposal for a policy to increase and encourage public participation was adopted, and copies of this policy were passed out to the public at all subsequent meetings after November 29, 1990, of the subcommittee.
The members of the subcommittee also adopted a working time-line for reapportionment. At this time, I would like to say that we must keep in mind that, as far as a time-line is concerned, we, the members of the Senate and/or the House of Representatives, do not necessarily dictate the time-frame. So much of our time-frame must be built around the Bureau of the Census and when we anticipated receiving figures from them. We are almost a slave to what their schedule is. This time-line that we tentatively adopted at that time was given to the public at all subsequent meetings of the subcommittee. During the meeting, sheets were sent around for people to sign if they wanted to be contacted about future meetings and actions of the subcommittee. And a number of people obviously did sign up with their names and addresses. They were notified of all subsequent activities of the subcommittee.
In December, 1990, the subcommittee staff received what's known as the "Tiger Line" files, which allowed for computer integration of population data and geography. Subcommittee staff continued to develop the technology to assist the subcommittee and the members of this body and interested members of the public in drawing the new plans. At that time also, this being in December of last year, the staff received approximately 60% of the "Tiger Line" files-- not all of them at that point.
The subcommittee staff scripted informational videotape prior to its production by ETV. The initial distribution of videotape to members of the Senate was made at that time. Now, let me tell you this folks, if I may. That videotape was not made for the purpose of getting anyone any publicity. The hopes in doing that videotape were simply to increase the knowledge on the part of the public as to what was going on and to enhance their ability to have input into this procedure. It was designed to increase public input which was foremost on our minds. That videotape was then prepared for distribution. The subcommittee distributed the minutes of any subcommittee meeting and the time-line to members of the Senate in December, with a cover letter from Chairman Holland, the Senator from Kershaw, detailing the subcommittee's plans. So, all the members of this body received that information prior to our coming back into session this year. The minutes of the prior meetings have been made available.
The subcommittee then continued to distribute information to anyone who wanted to know and to the press by distributing the videotape, explaining the reapportionment and redistricting process. The videotape is entitled, "Every Ten Years: Reapportionment in South Carolina". Every member of this body received two copies of that videotape with the request that they make it available to any local civic group that may have an interest in it, together with their local libraries, and I hope that people did that. Other copies of that tape were available as well through the Senate and the Senate staff.
The subcommittee then met again on January 29th of this year. During this particular meeting, the subcommittee received the first preliminary census figures. And, may I stress that these figures were very preliminary at this point. They were not such that we could begin the process of attempting even to draw any maps. All persons on the contact list were notified of this January 29 meeting by phone, letter, or FAX, whichever was the best method of communicating to that particular group. In addition, public notices stating the date, time, and place for the meeting were posted around the State House. During the meeting, the sheets were again sent around for people to sign if they wished to be added to the contact list. Needless to say, that particular meeting in January was publicized to the press, as well, and they were encouraged to publicize it in their respective media.
In January, 1991, the subcommittee staff developed a listing of known interested parties, and the list was kept current of anybody that wanted, from that point forward, to have any input in the process; their names were added to the list and they were always advised of any meetings of the subcommittee.
The Census Bureau, in January, released the Congressional numbers such that an apportionment of the 435 U.S. House of Representative seats among the 50 states could be made. Needless to say, there was a lot of anticipation and perhaps a little optimism that South Carolina would receive another member of Congress, but that was not to come to pass.
During January as well, we received the amended county numbers from the Census Bureau on January 25, 1991. These were whole county numbers. We did not have a breakdown within county and while you could look at the perspective, the way the current House of Representatives' districts looked, you could not begin the process of trying to redistrict or reapportion the U.S. House of Representatives because we had no breakdown at that point within the counties themselves.
In January as well, the subcommittee recommended to the full committee and, subsequently, to this body, some Sine Die extension resolutions, an amendment to the law, which was sent to the House.
In March, 1991, the staff attended a regional meeting of the NAACP in Macon, Georgia, to advise them of the status of reapportionment in South Carolina and to solicit their input. The subcommittee met once again on April 3 of this year. During this particular meeting, the subcommittee planned for a public hearing concerning reapportionment criteria. Let me tell you why we did this, folks. It's obvious that we should have done it, but we got that message when we went to Washington anyhow. Not only do you need public participation in what districts should be drawn, but they suggested very strongly, and that's an understatement, that we should have public participation in developing the criteria that we should use in drawing districts. We scheduled a public hearing to receive suggestions from anybody on our mailing list and other people who knew about it through the press as to what criteria should be used by the subcommittee, by the full committee, and by this body in developing the maps.
On April 10, 1991, a public hearing was held to receive criteria from the public for reapportionment. Persons on the contact list were notified by phone, letter, or FAX of the date, time, and place of the public hearing. Notices were posted around the State House. All of these notices requested public input on criteria or guidelines to be used in redrawing district lines. The public was encouraged to speak or give written statements addressing and expressing their ideas and concerns. A statement was released to the press on April 5 requesting public input into the selection of the criteria. The press release explained the importance of the criteria. It also reiterated that the videotape explaining the reapportionment and redistricting process was available through the public libraries across the State.
After that public hearing, a meeting was held by the subcommittee on April 29, 1991, for the purpose of adopting the criteria. Once again, that meeting was well-publicized and was an open meeting, at which time the committee met to establish its criteria. I do have those and, of course, all of that criteria has been disseminated widely, not just to the members of this body, but as well to the members of the public and, I must say, that we attempted to incorporate suggestions from diverse groups as to what our criteria would be. One of the problems, I must say, is one of the criteria that really doesn't bear on redistricting and reapportionment, but one that was urged upon us for us to complete our process so that we could comply with the law on Sine Die adjournment, i.e., June 6th of this year. The problem with that, however, and we wanted to do that, put us between, literally, a rock and a hard place. Because, as I indicated earlier, we do not have control of the time-frame within which we are going to get the information on which we can actually start work. But, then we necessarily bump up against the June 6th Sine Die adjournment deadline.
I believe, and certainly it's not within my control, not only of the leadership of this entire body, it would be my personal hope, however, that we would devote our undivided attention to the matter before the body right now, at least until we receive second reading of this bill before we plan to go home this week. And, I think that would be the better part of wisdom on our part and then, perhaps we can revisit it on third reading, but we need desperately to make some progress on this bill. I hope that answers your question.
Obviously, to all of you I have somewhat of a script here I am reading from. That's a little uncommon to me, and I'm having trouble, so bear with me. Going on, though, as far as the time frame and what the subcommittee did--
On May 2, 1991, a meeting was held to present the staff proposed plan for reapportionment and redistricting of South Carolina's Congressional seats. At this point, let me say that that was staff plan. There was some incorrect information disseminated in the press, because I think that it probably was not made as clear as it should have been made. That was not the subcommittee's plan; that was not the committee's plan; that was a staff plan that the subcommittee directed staff to come up with. It was never intended that that plan would necessarily be adopted in toto. The members of this body and the members of the public were given every opportunity and were intended to be given every opportunity for input into that proposed staff plan. All persons on the contact list, as well as all the press, were notified of the May 2 meeting.
During that meeting, a sheet was sent around so people could add their names to the contact list. A document was passed out during the meeting stating the availability of items such as census geographical reports, statistics, and diskettes upon request. Also, a document containing guidelines for public submissions for redistricting plans was passed out during the meeting. Packets containing maps, population figures, and geography reports were distributed to the public upon request.
Thereafter, another meeting was held on May 7 of this year to receive a staff-proposed plan for reapportionment and redistricting of the South Carolina Senate. Persons on the contact list and all members of the public were made aware of that meeting, as well.
Then, on May 20, Monday of this week, a meeting was held to receive comments on the staff proposal. Submissions and comments were received from nearly forty people. Persons on the contact list, as well as the press, were notified of the subject, date, time, and place of the meeting. Notices were posted around the State House.
From that point forward, the subcommittee met, reported a plan to the full Judiciary Committee. It met, reported the plan that you have before you today. I want to, in closing, Mr. President, if I may, say that, unfortunately, I think now, even though we were originally urged to, speed up the process, so that we can adjourn by the deadline imposed by law for Sine Die adjournment, I think there is some concern on the part of some people that, perhaps, we are moving too fast. This is something that everyone needs to pay close attention to. There is no effort on the part of any subcommittee member to try to speed this through in order to pull any fast trick on any member of this body or any member of the public. However, there seems to have been, up until this point, or up until yesterday, no recognition from the other body, from which we must have cooperation, that we are bumping up against the necessary adjournment date. So, in order to meet that problem, it is necessary that we proceed ahead as cautiously and, yet, at the same time, as speedily as possible.
To be very honest with you, I have not had the opportunity to keep up with the House's progress on this; I know that they are working on it, and I don't know what, if any, criteria they have established. We've been so busy doing it ourselves, we have not been able to monitor their progress.
Let me say, in closing, and I've already said that, but I'm going to say it again and I mean it this time, there is no such thing as a "perfect" plan. There is no way to please everybody. I doubt there is any way to perfectly please any one person. There has to be a certain amount of give and take. That doesn't mean just within this body. That means in the public. We've done the best we can with what we've got to work with in the time-frame that we've got to work with trying to maximize public participation and adhere strictly to the requirements, as we know them to be, of the Voting Rights Act. I hope we have done that. We've done our best. Thank you.
(On motion of Senator MOORE, with unanimous consent, ordered printed in the Journal)
Senator HOLLAND spoke on the Bill.
Senator McCONNELL spoke on the Bill.
There being no amendments, Senator McCONNELL moved to give the Bill a second reading, with notice of general amendments on third reading.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senators WILSON and THOMAS desired to be recorded as voting against second reading of the Bill.
We voted no on this Bill which is crucial to the people of South Carolina because as to Congressional districting, while a minority district has been created, the other districts are not in reasonable compliance with guidelines as to communities of interest, compactness, or comprehensible contiguity. The proposed Second District strung along the Savannah River is classic gerrymandering.
As to state Senate districts, the number of minority districts is not in compliance with the Voting Rights Act, as amended, requiring maximum minority districts.
Senator WILLIAMS moved that when the Senate adjourns on Friday, May 24, 1991, it stand adjourned to meet on Monday, May 27, 1991, at 2:00 P.M., which motion was adopted.
Senator WILLIAMS moved that the Senate proceed to the regular order of business of the Senate and, upon conclusion of the daily order, stand adjourned.
Senator MACAULAY raised a Point of Order that by prior motion, adopted unanimously by the Senate on May 16, 1991, that once the Senate had completed reapportionment, the Senate could not return to the regular order of business.
Senator McCONNELL spoke on the Point of Order and stated that the motion adopted by the Senate on May 16, 1991, established a limited consideration of senate business only so long as S. 1003 was up for debate.
Senator LONG spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator MACAULAY spoke on the Point of Order.
Senator WILLIAMS spoke on the Point of Order.
Senator SETZLER spoke on the Point of Order and stated that the unanimous consent motion does not specifically exclude the Senate from proceeding to a regular order of business once consideration of reapportionment has been completed.
The PRESIDENT overruled the Point of Order and stated that the Senator from Oconee is correct in part--while S.1003 is under debate or pending debate on the Calendar, all other Senate business must give way unless allowed under the terms of the motion made by Senator Williams on May 16, 1991, and unanimously adopted by the Senate. Today, S.1003 has been given second reading and is not either under debate or pending debate on today's Calendar. Therefore, logically and properly, the Senate would proceed to the regular order of business as provided for under Rule 33.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RUSSELL proposed the following amendment (JIC\5769.HC):
Amend the bill, as and if amended, by striking Section 12-21-3530, as contained in Section 6, page 4, and inserting:
/Section 12-21-3530. Except as otherwise provided in this section, every organization and promoter licensed to conduct bingo, as a condition precedent to conducting a game or to continue in the business of conducting a game, shall file a bond executed by a surety company authorized to do business in this State, or post a cash bond with the commission in an amount as may be approved by the commission. The organization and promoter shall must have separate bonds. No organization or promoter may engage in this business before submitting the bond required by this section. This bond is security for all state taxes, penalties, interest, fines, fees, and warrant costs for which the promoter or organization is liable. The minimum bond for a promoter is twenty thousand dollars. The minimum bond for an organization licensee is as follows:
(1) Class AA twenty thousand dollars;
(2) Class B ten thousand dollars;
(3) Class C no bond required;
(4) Class D no bond required;
(5) Class E five thousand dollars no bond required./
Amend title to conform.
Senator RUSSELL explained the amendment.
Senator RUSSELL moved that the amendment be adopted.
Senator MACAULAY was recognized to speak on the Bill.
Senator SALEEBY objected to further consideration of the Bill.
Senator SALEEBY objected to consideration of any Bill on the statewide uncontested Calendar.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
Senator MACAULAY made a Parliamentary Inquiry as to whether the Senate was acting to dispose of the motion made by Senator RUSSELL to adopt an amendment to H. 3167 or proceeding to the Interrupted Debate.
The PRESIDENT stated that Senator SALEEBY had objected to consideration of any Bill on the statewide uncontested Calendar and, according to the regular order of business, the Senate was now in the Interrupted Debate.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (RES607.02) proposed by Senator MACAULAY and previously printed in the Journal of May 21, 1991.
Senator MACAULAY argued in favor of the adoption of the amendment.
Senator McCONNELL asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that the Senate stand adjourned.
Senator SETZLER objected.
Senator MACAULAY argued in favor of the adoption of the amendment.
Senator SALEEBY moved under Rule 15A to set a time certain at 1:30 P.M. to vote on Amendment No. 5.
Senator SALEEBY asked unanimous consent to make a motion to amend the motion to change the time under Rule 15A from 1:30 P.M. to 1:00 P.M.
Senator MACAULAY objected.
A roll call vote was ordered.
Senator SALEEBY made a Parliamentary Inquiry as to whether or not a motion made under Rule 15A could be withdrawn.
The PRESIDENT stated that unanimous consent would be required to withdraw the motion.
Senator SALEEBY asked unanimous consent to make a motion to withdraw the motion made under Rule 15A.
Senator MACAULAY objected.
Senator LOURIE moved to table the motion made under Rule 15A.
Senator McCONNELL raised a Point of Order that the motion to table the motion made under Rule 15A was out of order inasmuch as it was not subject to a tabling motion.
The PRESIDENT sustained the Point of Order.
The question then was the motion made under Rule 15A to set a time certain for 1:30 P.M. to vote on Amendment No. 5.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courson
Drummond Giese Long
Lourie Martschink Mitchell
Russell Saleeby Setzler
Smith, J.V. Thomas Waddell
Washington Williams Wilson
Gilbert Hayes Helmly
Hinson Holland Leventis
Macaulay Matthews McConnell
McGill Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Shealy Stilwell
Smith, N.W.
The motion, having not received the necessary vote, failed.
Senator LEATHERMAN moved that the Senate stand adjourned.
Senator McCONNELL raised the Point of Order that the motion was out of order as unanimous consent would be required to make the motion while Senator MACAULAY had the floor.
The PRESIDENT sustained the Point of Order.
Senator SETZLER made a Parliamentary Inquiry as to whether or not S. 607 would be in the status of Interrupted Debate, with Senator MACAULAY retaining the floor, if the Senate stood adjourned.
The PRESIDENT stated that if the Senate stood adjourned, S. 607 would be in the status of Interrupted Debate with Senator MACAULAY retaining the floor.
Debate was interrupted with Senator MACAULAY retaining the floor.
My name appeared as co-author of S. 607. My sponsorship was predicated on the fact and belief that the Bill dealt exclusively with lowering the credit life insurance rate in South Carolina.
Since the amendments to the Bill have changed the focus of the Bill and to avoid any appearance of a conflict of interest due to my service on the board of a local bank in my community, I removed my name from this Bill and I did not participate in the debate.
Senator NELL W. SMITH asked unanimous consent to remove her name as a sponsor from Senate Bill 607.
Senator SALEEBY removed his objection to consideration of Bills on the statewide uncontested Calendar.
Senator SALEEBY moved that the Senate proceed to the regular order of business of the Senate and, upon conclusion of the daily order, stand adjourned.
Senator LONG made a Parliamentary Inquiry as to whether or not S. 417 could be taken up for consideration on Monday prior to reapportionment.
The PRESIDENT stated that S. 417 would be in the box for consideration subject to action by the Senate.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.
(By prior motion of Senator MARTSCHINK, with unanimous consent)
S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEVENTIS proposed the following amendment (N05\7586.BD), which was adopted:
Amend the bill, as and if amended, by striking Section 4-3-5 and inserting:
/Section 4-3-5. For purposes of describing the boundaries of counties and jury areas in Chapter 2 of Title 22 only, the center line of waterways is defined as:
(1) for areas influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated at mean high tide; and
(2) for areas not influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated by the ordinary high-water mark./
Amend title to conform.
Senator LEVENTIS explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being adoption of the previously proposed amendment by Senator RUSSELL.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 544 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-195 SO AS TO PROVIDE THAT THE DEPARTMENT MAY INSPECT FOREIGN VEHICLES ACCOMPANIED BY A MANUFACTURER'S STATEMENT OF ORIGIN BEFORE REGISTRATION AND LICENSURE TO DETERMINE WHETHER A VEHICLE MEETS THE DEPARTMENT'S STANDARDS.
H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Senator LOURIE asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (TRN3709.1) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The 1976 Code is amended by adding:
"With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person to examine or obtain a copy of any accident report or related investigative report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request any law enforcement agency to permit examination or to furnish a copy of any such report for commercial solicitation purposes. All persons, except law enforcement personnel and persons named in the report, shall be required to submit a separate written request to the law enforcement agency for each report. A written request under this section must state the requestor's name, address, and the intended use of the report in sufficient detail that the law enforcement agency may ascertain that the intended use is not for commercial solicitation purposes. The law enforcement agency must file each written request with the original accident report. A person who knowingly makes any false statement in any written request under this section shall be subject to the provisions of Section 56-3-2520." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to the bill to read:
/SECTION 3. This act takes effect upon approval by the Governor./ Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: A BILL TO AMEND JOINT RESOLUTION 385 OF 1990, RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER, SO AS TO DESIGNATE SECTION 1 OF THAT ACT AS SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE A PORTION OF THE BROAD RIVER AS A SCENIC RIVER.
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
H. 3164 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.
H. 3165 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".
H. 3764 -- Reps. Koon and Klapman: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-258 FROM HIGHWAY NO. 1 TO ROAD S-255 IN LEXINGTON COUNTY AND TO TRANSFER IT TO THE TOWN OF LEXINGTON.
H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.
Senator POPE explained the Bill.
H. 3713 -- Rep. Hodges: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.
H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LAND, with unanimous consent, S. 1006 was ordered to receive a third reading on Friday, May 23, 1991.
H. 3714 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE VI-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3714.1) was adopted as follows:
Amend the title, as and if amended, by striking lines 11 through 20 in their entirety, and inserting therein the following:
/TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE IV-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS./
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3350.1) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 9, Chapter 3, Title 16 of the 1976 Code is amended to read:
Section 16-3-910. Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by a his parent thereof, shall be is guilty of a felony and, upon conviction, shall suffer the punishment of life imprisonment must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.
Section 16-3-920. If two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of Section 16-3-910 and any of such persons do any overt act towards carrying out such unlawful agreement, confederation, or conspiracy, each such person shall be guilty of a felony and, upon conviction, shall be punished in like manner as provided for the violation of Section 16-3-910."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator POPE explained the amendment.
Senator BRYAN spoke on the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator BRYAN, H. 3350 was ordered to receive a third reading on Friday, May 24, 1991.
H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (436\11762.DW) was adopted as follows:
Amend the bill, as and if amended, page 1, in Section 56-5-4090, line 22, by inserting before /The/ /(A)/ and by inserting immediately after line 32:
/(B) The provisions of this section do not apply to a pole trailer or self-propelled pole carrier operated by a utility company when transporting a pole to replace a damaged one./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (DKA\3422.AL) was adopted as follows:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-3-376 of the 1976 Code is amended to read:
"Section 56-3-376. All vehicles except those vehicles designated in Section Sections 56-3-375 of the 1976 Code and in Section 56-3-780 of the 1976 Code are designated as distinct classifications and shall must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the annual registration fee is forty-three eighty dollars or more. The department may register and license any a vehicle for which the annual registration fee is forty-three eighty dollars or more for a semiannual or one-half year beginning on January April first and ending on June September thirtieth of the same year upon application to the department by the owner and the payment of one-half of the specified annual fee. The license and registration fee for vehicles in this classification which are registered for the remaining eleven months or less of the twelve-month license year ending on December March thirty-first or the remaining five months or less for the one-half period ending on June September thirtieth shall be is the proportionate part of the specified annual fee for the remainder of the year or one-half year based on one-twelfth of the specified twelve-month fee for every each month or part of a month remaining in such the registration and license year or one-half year. Semiannual or half-year registrations and licenses for the first period from January April first to June September thirtieth shall expire at midnight on June September thirtieth of the same year and no person shall drive, move, or operate a vehicle upon a highway after the expiration of such the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors having a load capacity of not more than one ton with an empty or unloaded weight of over four thousand pounds and trucks, truck tractors, or road tractors with a load capacity of not more than two tons and with an empty or unloaded weight of over four thousand pounds shall also must be placed in this classification but may not be registered for less than a full annual period. For the initial registration after the effective date of Sections 56-3-375 through 56-3-378, the department shall require a thirteen-month fee for vehicles of this classification which are reregistered for the twelve-month period and shall require a seven-month fee for those vehicles which are reregistered for the one-half year since such fees are required for the one-month fee which will be remaining in the 1978 calendar year and the respective twelve-month or six-month fee for the subsequent twelve or six-month period.
Classification (2). Other vehicles. All other vehicles except those vehicles described in Section 56-3-375 and classification (1) of this section are assigned an annual registration which shall begin begins on December first of each year and expire expires on November thirtieth of the next year except those vehicles defined in Section 56-3-700 of the 1976 Code shall begin whose registration begins on January April first of each year and expire expires on December March thirty-first of each year."/
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (11764.DW) was adopted as follows:
Amend the bill, as and if amended, page 1, the second paragraph of Section 57-3-910, line 31, by inserting after /for/ /indigent/; on line 33 by striking /people/; and on line 34 by inserting after /income./ /As used in this section `indigent' means a person who is qualified for legal assistance which is paid for with public funds./
Amend further, page 2, item (3) of the second paragraph of Section 57-3-910, line 12, by inserting after /Transportation./ /The department must maintain a list of facilities which are approved by the department and only letters from the directors of these approved facilities are considered to comply with the provisions of this section./ and on line 21 by inserting after /days./ /The department may promulgate regulations to implement the provisions of this section."/
Amend further, page 2, by striking SECTION 2 and inserting:
/SECTION 2. After the first year of the implementation of the provisions of this act, the department shall make a report to the Senate Transportation Committee and the House Education and Public Works Committee as to the fiscal impact of waiving the issuance and renewal fees as provided in this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator LOURIE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3757 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE AN ADDITIONAL PORTION OF HIGHWAY 9 IN DILLON COUNTY IN THE BOULEVARD WHICH WAS NAMED IN HONOR OF TROOPER GEORGE T. RADFORD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bills were carried over:
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
On motion of Senator MULLINAX, the Bill was carried over.
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
On motion of Senator THOMAS, the Bill was carried over.
H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
On motion of Senator SHEALY, the Bill was carried over.
H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.
On motion of Senator SALEEBY, the Bill was carried over.
H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.
On motion of Senator PEELER, the Bill was carried over.
H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
On motion of Senator GILBERT, the Bill was carried over.
S. 509 -- Senators Russell and Wilson: A BILL TO AMEND CHAPTER 7, TITLE 54 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds, Rose and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Senator ROSE asked unanimous consent to remove his name as a sponsor from Senate Bill 883.
Senator GIESE requested and was granted a leave of absence from 12:50 - 1:50 P.M. today.
At 1:03 P.M., on motion of Senator SALEEBY, the Senate adjourned to meet tomorrow at 11:00 A.M.
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