Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, Saint Peter wrote in his First Epistle (3:8)(The New English Bible rendering):
"To sum up: be one in thought and feeling, all
of you; be full of brotherly affection, kind and
humble-minded."
Let us pray.
Good Master, if we should ever stop with a mere academic acquiescence in the great articles of faith, and not let them move out vitally into our whole life... Good Lord, forgive us.
In all our interpersonal relationships, may we have a deep... sincere... even divine concern that willingly... and joyfully... shares each other's burdens, as we move forward in our common goals for our State and Nation.
We pray in the Name of St. Peter's God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.496, H. 4799 by a vote of 9 to 0:
(R496) H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.
Very respectfully,
Speaker of the House
(R496) H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
The veto of the Governor was overridden.
To: Members, South Carolina Senate
From: Ethics Committee
Re: Representation of Client Before County Council
Date: May 11, 1992
A member has raised a question as to whether Section 8-13-740(A)(2) prohibits him from representing a client before county council in an effort to compete for a contract to build a prison in the county. The county council is the entity which will determine who is awarded the contract.
Under the provisions of Section 8-13-740(A)(2), a Senator and members of his law firm are prohibited from representing another person before a "governmental entity" except in certain specified situations. Section 8-13-100(17), in relevant part, defines "governmental entity" to mean "a state, county, municipality, or political subdivision thereof with which a public official, public member, or public employee is associated or employed." (Emphasis added.) An initial examination of the exceptions in Section 8-13-740(A)(2) is not necessary as the threshold question may be stated as follows:
Is a member of the Senate "associated" with a county so as to determine whether representation of a client before county council is subject to the provisions of Section 8-13-740(A)(2)?
The word "associated" is not expressly defined in Chapter 13 of Title 8 but, by analogy, the definition of "business with which he is associated" may prove helpful. Section 8-13-100(4) defines this term to include "a business of which the person or member of his immediate family is a director, an officer, owner, employee, [or] a compensated agent ..." In the instant situation, the member is not an employee or compensated agent of county council nor does he have an immediate family member who is a member of county council or is employed by county council.
With regard to the relationship between a member of county council and a member of the Senate, members of county council are not reportable to a member of the Senate and in turn, a member of the Senate is not responsible for the actions of county council. Under the provisions of Home Rule, county council is a separate layer of government which is subject to the Constitution and laws of this State, and is reportable only to the voters within the county. Indeed, one key purpose of Home Rule is to authorize county governing bodies to operate and govern without the involvement of, or a connection to, a member of the Senate.
It may also be instructive to note that the interpretations in this opinion are consistent with Items (3), (4), and (5) of Section 8-13-740 which read as follows:
"(3) A public member occupying statewide office, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law.
(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that county except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law."
(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
The committee concludes that a member of the Senate would not, in the course of his normal legislative duties, be "associated" with county council in the normal and ordinary meaning of the word. The committee, therefore, concludes that Section 8-13-740 does not prohibit a member of the Senate, a member of his immediate family, an individual or a business with which he is associated, from representing another person before county council.
To: Members, South Carolina Senate
From: Ethics Committee
Re: Acceptance of an Invitation from Phillip Morris Companies, Inc. to Various Activities Associated with Spoleto Festival U.S.A.
Date: May 11, 1992
A member has raised a question as to whether Phillip Morris Companies, Inc. may offer invitations to members of the Senate to certain receptions and offer complimentary tickets to certain performances during the annual Spoleto Festival U.S.A. The member indicates that, although Phillip M. Companies, Inc. is not a registered lobbyist's principal, "one of [its] wholly owned subsidiaries, Phillip Morris, U.S.A. is a lobbyist's principal.
The member further states:
I have read your committee's memorandum of March 11. It appears to me that Phillip Morris Companies, Inc., as a non-lobbyist's principal, is in the same status as the mayor and city council in Part IV of the March 22 memo and the activities described above are permissible under the ethics law and any member attending would be required to report the receipt of anything of value above $25.00 [per day].
The committee agrees with the above assessment of the discussion presented in Part IV of Opinion #92-4 but suggests that the analysis should be expounded upon given the relationship of these two entities to one another. Although it was not expressed in that part of Advisory Opinion #92-4,i the facts presented by the member clearly indicated that the invitation of the city council was not related to the activities of the Municipal Association. The city council,ii by definition, is not a lobbyist's principal. The association, which is a lobbyist's principal, was not involved with the invitation; it was simply holding its annual meeting in Columbia at the time.iii Although similar, the facts presented in this instance are not identical to those presented in the prior opinion.
Given that the lobbyist's principal (Phillip Morris, U.S.A.) is wholly owned by the entity extending the invitation (Phillip Morris Companies, Inc.), it is important to note the provisions of Section 2-17-90(A):
Except as otherwise provided under Section 2-17-100,iv no lobbyist's principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except forv ...
[--- Unable To Translate Box ---]
Therefore, a crucial question in this inquiry is whether Phillip Morris, U.S.A. is facilitating the offer of Phillip Morris Companies, Inc. It is equally important to add, however, that even if this were the case, it is only relevant because it would make applicable the limitation on the amount that could be expended per expected attendee to twenty-five dollars per day and two hundred dollars per year. Subject to these limitations, the invitation would be appropriate as the inquiry indicates that the entire Senate will be invited.
The member has indicated, and Phillip Morris, U.S.A. has confirmed, that Phillip Morris, U.S.A. has not facilitated or been involved in any way with the Spoleto activities or the invitations which Phillip Morris Companies, Inc. seeks to offer. Therefore, as the member suggested, the committee concludes that the acceptance of the invitation by Phillip Morris Companies, Inc. is appropriate and further concludes that members must report the acceptance of anything of value received in excess of twenty-five dollars per day and in excess of two hundred dollars per year in the aggregate from Phillip Morris Companies, Inc.
To: Members, South Carolina Senate
From: Edward E. Saleeby
Re: Voting on the Election or Confirmation of Agency, Board, or Commission Members
Date: May 21, 1992
A question has arisen concerning whether a member may participate in deliberations or take any action with regard to consideration of a gubernatorial appointee, who is subject to advice and consent of the Senate or an individual who is elected by the General Assembly in a joint session of the General Assembly, when the member may represent a client before the entity upon which the individual will serve. Section 8-13-745 (A) provides that
No member of the General Assembly or an individual with whom he is associatedvi or business with which he is associatedvii may represent a client for a fee in a contested case, as defined in Section 1-23-310viii, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months. [Emphasis added].
This provision is very clear and specific in that a memberix has two options: (1) he may vote on confirmation or vote to elect and not represent a client in a contested case for a fee before that entity for the next twelve months, or (2) he may abstain from voting and retain the ability to represent a client, without limitation, for a fee before that entity. It is also important to note that a member may represent a client if no fee is accepted irrespective of whether a vote is cast in an election or confirmation.
Since a member cannot cast a vote and then represent a client for a fee before that particular agency, board, or commission, in a contested case, the next consideration is whether a member may properly take other actions prior to actual vote to elect or confirm.
The new Ethics Act specifies in copious detail which activities are permissible and which activities are prohibited. If the General Assembly intended to prohibit something other than a vote on election or confirmation, it could have easily specified other activities which would be inappropriate. As Section 8-13-745 (A) only requires a member to recuse himself from the vote on whether to elect or confirm, the committee concludes that a member may make any motions, participate in any debate or discussions, or take any other action so long as the member abstains from voting on the question of whether to elect or confirm.
In order to demonstrate that representation for a fee would not later be an issue during litigation or otherwise, the committee suggests that subsequent to a report of a confirmation or failure to confirm, any affected member submit the following statement for inclusion in the Senate Journal:
I certify that I took no action in the matter of which would preclude my representation of a client under the provisions of Section 8-13-745.
This statement would be appropriate only after the Senate has taken a formal vote to elect or confirm and has reported its action of confirmation, election, or failure to confirm or elect a given individual to a particular agency, board, or commission.
The committee further concludes that such a statement is consistent with Section 8-13-745 (A), as well as the provisions of Rule 32, which in pertinent part provides:
When the report of a committee is received by the Senate, the final question on every nomination shall be: "Will the Senate advise and consent to this nomination?"
Messages containing nominations to the Senate may be published in the Journal, when received as other messages, and the fact that a nomination has been made or that it has been confirmed or rejected shall not be regarded as a secret. But all information communicated, or remarks made by a Senator when acting upon nominations concerning character or qualifications of the person nominated, and all votes upon nominations, shall be kept secret. [Emphasis added].
Furthermore, consistent with the above referenced rule, the committee formally advises that it is strictly forbidden to indicate in any manner or in any way discuss with anyone who is not privy to executive session
whether a matter has come before the Senate in executive session, except to an extent that an individual has been confirmed or rejected.
[--- Unable To Translate Box ---]
(On motion of Senator SALEEBY, ordered printed in the Journal)
The following were received and referred to the appropriate committees for consideration:
Document No. 1508
Promulgated By Secretary of State
Municipal Incorporations
Received By Lt. Governor June 1, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date September 29, 1992 (A Revision will be made after Sine Die Adjournment)
Document No. 1509
Promulgated By Secretary of State, Securities Division
Dishonest or Unethical Practices By Investment Advisors
Received By Lt. Governor June 1, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 29, 1992(Revision will be made after Sine Die Adjournment)
Document No. 1510
Promulgated By Secretary of State
Custody of Client's Funds or Securities by Investment Advisors
Received By Lt. Governor June 1, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 29, 1992(Revision will be made after Sine Die Adjournment)
Document No. 1512
Promulgated By Secretary of State
Financial Reporting Requirements for Certain Investment Advisors
Received By Lt. Governor June 1, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 29, 1992(Revision will be made after Sine Die Adjournment)
Senator CORK rose to a Point of Personal Privilege.
Senator WILLIAMS rose to a Point of Personal Privilege.
Senator PATTERSON rose to a Point of Privilege.
Senator GILBERT rose to a Point of Privilege.
Senator COURSON rose to a Point of Privilege.
Senator J. VERNE SMITH rose to a Point of Privilege.
Senator LOURIE rose to a Point of Personal Privilege.
You know, it only seems like a few years ago, 1956, when I came as a page. I see so many esteemed friends and staff through all the years that we have worked together. Greg Sloan and Andy Aun from my Senate staff are here -- Greg and Andy have been invaluable to me since my working in the Senate; Theresa Wilson, and Mr. McBride, I'm glad to have all this help of my staff through all those years. And I appreciate and thank them for their support.
I want to thank Mr. Caggiano and his distinguished staff. Without the support and help of the staff of the desk, I couldn't have been as an effective Senator as I tried to be.
And, I want to thank my friend, Chaplain Meetze, who's been a constant guide to me throughout these years. Chaplain, thank you so much for your friendship.
This decision not to run, having served 28 years in the General Assembly (20 of them in the Senate), does not come easy for me; however, after considerable discussion with my family and friends, I feel the time has come for me to leave the Senate.
When first elected to public office in 1964, our state and nation were answering a call to public service made by John Kennedy. Kennedy said, 'I believe the times demand invention, innovation, imagination, decision.' He asked each of us to be New Pioneers on a New Frontier. His call was to the young at heart, regardless of age -- to the stout in spirit, regardless of party -- to all who respond to the scriptural call: 'Be strong and of good courage; be not afraid, neither be thou dismayed.'
The election of President Kennedy gave hope to me and other Young Turks -- DICK RILEY, TRAVIS MEDLOCK, NICK THEODORE, ALEX SANDERS, JOE RILEY, TOM SMITH, DEWY WISE, HARRY CHAPMAN, and BILL DOAR -- that we could change this state and make it a better place to live.
I was first elected in 1964 by winning a seat in the House of Representatives. In 1972, I won a seat in the Senate, and have been here ever since.
During this time, I have had the good fortune of witnessing tremendous development in South Carolina -- once a poor, agrarian state -- now one of the Sunbelt's brightest and most promising, but still with great challenges facing us as we move to the 21st Century.
From the quantum leaps in education to industrial development, from one of the finest transportation systems in the South, to tourism development second to none, from fiscal responsibility to economic incentives, the list of accomplishments are extraordinary.
These accomplishments -- appreciated as they now are -- were not enacted without hard decisions and difficult battles. I remember the long sessions and heated debates that produced the programs necessary for South Carolina to grow economically; to give our businesses the appropriate incentives to expand, rather than look elsewhere; to provide the type of education necessary to produce a quality work force; to give this work force the necessary protection and support, as well as their families, to achieve a higher quality of life; and to compete on a worldwide basis for the most progressive technologies and industries.
Many of these issues were not the type that fostered re-election, but they were, instead, the laws that were needed to improve our state.
As South Carolina heads toward the next century, we, as public servants, must never be comfortable in the role of spectator, watching only on the sidelines. We must always be down on the playing field, committing our own efforts and our future to whatever challenge is before us.
The myriad of challenges facing South Carolina today and in the future are not primarily a struggle against a threat from without. Instead, the challenge is a different threat, a threat that comes from within. The weapons are principles and ideas. And the most serious injuries are self-inflicted.
The struggle is for a government that is genuinely responsive to the people's needs.
The struggle is for an effective educational system, so that no child in this rich land is denied the opportunity for success because of the failure of his school.
The struggle is to establish an affordable health care system, so that health can be a basic right for all, not just an expensive privilege for the few.
The struggle is for Democrats and Republicans to realize their first responsibility is to the people that elected them -- not to the political party in which they belong.
And the struggle is for a world in which all people, regardless of color or creed, can live together in peace and harmony.
We will need many things in order to overcome these struggles. However, too often these days, it is the fashion to see South Carolina only as a troubled state, searching for its soul. But that diagnosis is false because it is incomplete. It ignores the lessons of our history. It misses the important truth about South Carolina and her past.
'These are times that try men's souls,' said Thomas Payne at the beginning of the American Revolution. But times like these have always summoned forth the best in us in years gone by. South Carolina has prospered and endured, because it is in times like these that South Carolina is at her best.
In trying to put my retirement into perspective, King Solomon said in Ecclesiastes (Chapter 3),
'There is a right time for everything:
A time to be born; a time to die;
A time to plant; a time to harvest;
A time to kill; a time to heal;
A time to destroy; a time to rebuild;
A time to cry; a time to laugh;
A time to grieve; a time to dance;
A time for scattering stones; a time for gathering stones;
A time to hug; a time not to hug;
A time to find; a time to lose;
A time for keeping; a time for throwing away;
A time to be quiet; a time to speak up;
A time for loving; a time for hating;
A time for war; a time for peace.'
The polarization of parties, races, sexes, is a distressing trend. Attacks on lawyer-legislators are unfair and unjust; and to the lawyer-legislators who have joined this anti-lawyer cause; beware, you are next! And, finally my friends, there comes a time when a seasoned State Senator must say good-bye.
Good-bye, but not farewell.
I want you to know that I hope my retirement from public office will be a short one. With the many challenges facing our state in the future, I believe in my heart, as I did in 1964, that I can still contribute and assist in taking our great state into the 21st Century.
To borrow a quote from one of my closest friends, Judge ALEX SANDERS, he said, 'Indeed, the brevity of the time when each of us can really make a difference lends more, not less, significance to what we do when such moments are at hand.' I hope, someday, to return to the Legislature as its Presiding Officer, and if so honored, I will serve proudly with many of you.
The Institution of the Senate has been under several attacks in the last number of years. My thoughts to the press are that you do a disservice to our state. Attacks upon institutions weaken the very basic structures of our state, and make our citizens more cynical. I agree that the press has a right to attack us on issues and sometimes on our conduct as individuals (shield law sponsorship), but I would only ask, my friends of the press, that under those circumstances, you follow the 'Golden Rule,' and 'do unto' these legislators 'as you would have them do unto you.'
In closing, let me say that of the many ways in which I have been blessed, and cherish most -- my greatest blessing is being an American and a South Carolinian. My parents, Eastern European immigrants, with a very limited education (Jews were not allowed in the public schools), came to America at the turn of the Century in search of religious freedom and started a business, which is now 80 years old. They have educated six children in my beloved St. George, SC where we recently dedicated the Lourie Theater for the Performing Arts, in their memory, and their six children, -- all successful -- who, in turn, gave to them 22 grandchildren who are now all college graduates.
And so the greatest blessing I have had was that God gave to my parents the foresight to come to this country and state - and in their own way help build a state and nation....
God bless all of you, God bless the Senate, and, please God, bless our state and nation.
Senator LONG rose to a Point of Personal Privilege.
Mr. PRESIDENT and Members of the Senate. I rise this morning and apologize for taking your valuable time for I know there are many things that need to be done, so I'll try to be as brief as I can. Being a politician and being a lawyer, I'm double-dipped, so it's hard to be very brief, but, I'm going to try.
I rise this morning to announce that I will not be a candidate for re-election to the South Carolina Senate. That, having been said, there are those who might ask, then, 'Why then have you not resigned sooner if you didn't plan to run again?' Well, let me say, and let me get this straight with you at this point in time. I have not resigned because I am not guilty. Period.
Now, secondly, I have not resigned, because I had hoped that the problems that I have would have been resolved before now and that I would be able to be back here with you to help you wrestle with the tremendous problems that you have faced this session. I've had any number of you to tell me that if I had to miss a year, this was a dern good year to miss. So, I did want to try to come back and help you, at least, this session wrestle with those problems. It has not come to pass. I'm sorry for that. It doesn't seem like it's over yet. My problems are still there and I will have to resolve them.
But, I want you to know how much I do appreciate you -- for the kindnesses and courtesies that you have shown to me during the time that I've been here in this Senate.
Now, having said what I have said, then the question might be asked, 'Why don't you run for re-election?' And, I want to tell you right now that the reason I don't run for re-election is that I have caused my family too much sacrifice already. And I don't intend to cause them one more day if I can help it. I plan to leave here after making this statement to you, to go back to Horry County and to love my family, to work hard and try to make a living.
You know, every man has his dream and one of my dreams has been that I would practice law with my boys. This year I had the last two of my sons graduate from the Law School. And, it's the first time since 1969, that I haven't had one or more in college. I have accumulated nothing but seven well-educated children and, for that, I am very, very glad and very, very proud. I want you to know that. Before Dr. Holderman left the University, I expected to get an honorary D.A.D. degree, because six of the seven went to the University of South Carolina. I have paid for 44 years of college since I graduated in June 1950, and I'm very proud of that. I'm very proud of my boys and I want to go home and help them to learn how to practice law. And, that's what I plan to do is to go back and help them to do that.
Now, very briefly, if I can say it, and I wish I had more time because it would take me at least a year of solid talking to tell you how much I appreciate the first fact that I found when I came to this Senate -- you offered me your friendship. And I accepted that friendship. And, as long as I live, as long as there is breath in this body, you are my friends. And, all you've got to do is say, 'Bud,' and I'll be there to do whatever I can to help you in any way that I can. I am so grateful to you for that. It has not been a pleasant eight years; no question about that. But, as long as I live, I'll be proud that I served these eight years because of the friendships that I have formed here in this Senate.
Mr. PRESIDENT, I'd be remiss if I did not take this opportunity to thank the Clerk and the Sergeant for their many kindnesses and courtesies and the help that they've been. I've never known two people to have such staffs that were so anxious to try to please. Usually, in a crowd there's somebody that's a horse's behind. But, I want you to know that I have thoroughly appreciated their staffs and what they've done to try to help me. And, I say, 'Thank you so very, very much.'
Today, I also want to publicly thank my friends and supporters in Horry County. They have suffered along with my family and me, no question about it. And, I thank them so much for their support. For I'll say to you that in the past two years, over a thousand of those people have come to me and said, 'We're with you. We support you. Whatever it is you want to do, let's go do it.' And, you can't help but appreciate that kind of support.
Next, those friends, people whom I don't even know, did not even recognize at the time, that came up to me and said, 'Bud, we're praying for you.' And, that's been in the hundreds. And, I can't tell you how good that is. If you have not felt other people praying for you, then you don't know what good is. I'm here to tell you if there's a bright spot in all of this as far as I'm concerned, it's that. And, I do appreciate that and I want them to know how much I appreciate them.
To my family, I say, 'Thank you.' You have suffered. You've denied yourselves many things. And, I can't tell you what it has meant to this old bald-headed eagle from Horry County to have a family that was as supportive as they have been. I thank them every day privately, but, I want to take this opportunity to do it publicly. And, as I said earlier, I'm going back to Horry County and try to spend every day of my life thanking them privately for what they've done.
Let me say to you that in the words of General MacArthur, he made two statements. One of which is applicable to me; the other is not. He said, 'Old soldiers never die; they just fade away.' Well, I want to make you a promise that Bud ain't going to fade. He ain't going nowhere. He's going to be right there and be involved in the affairs of the county and the government trying to help his county and his state. I came here for the specific purpose of saying to you what Horry County has come to mean to the State of South Carolina and what it can mean to the State of South Carolina and to make you aware of that and to make you aware of the needs that it has in order to do just that. I will continue to do that. Douglas MacArthur also said, 'I shall return.' I will not return as a Senator. My Senate service is over. I've paid my dues and I'm going home now to try to enjoy life. I don't hunt. I don't fish. I don't play golf. So, after I've loved my family and worked hard to make a living, then whatever time is left, I'll use it for the benefit of my county and my state. You will be seeing me. I will be back to see you.
Thank you again for all of your kindnesses and courtesies. Please, don't ever forget that you have a friend called Bud Long. Thank you.
Senator McCONNELL rose to a Point of Privilege.
Senator MITCHELL rose to a Point of Privilege.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.483, H. 3425 by a vote of 48 to 40:
(R483) H. 3425 -- Rep. Baxley: AN ACT TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT, WHICH DOES NOT EXCEED NINETY DAYS, AND WHO IS INCARCERATED IN A COUNTY PRISON OR JAIL MAY BE RELEASED TO THE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM, TO PROHIBIT SUCH RELEASE FOR A PERSON WHO HAS COMMITTED A VIOLENT CRIME OR IS DETERMINED TO BE A VIOLENT OFFENDER UNDER GUIDELINES ESTABLISHED BY THE STATE BOARD OF CORRECTIONS, PROVIDE THAT A PRISONER MAY BE ORDERED RELEASED FROM A COUNTY PRISON OR JAIL TO THE SOLE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM UNDER CERTAIN SPECIFIED CONDITIONS, AUTHORIZE A PRISONER REHABILITATION PROGRAM TO RETURN A PRISONER RELEASED TO IT UNDER THIS ACT TO THE CUSTODY OF THE COUNTY PRISON OR JAIL UNDER CERTAIN CONDITIONS, PROVIDE THAT IF A PRISONER IS RETURNED BY THE PROGRAM TO THE CUSTODY OF THE COUNTY PRISON OR JAIL, THE PRISONER MAY NOT BE RELEASED TO THE PROGRAM AGAIN WITHOUT A COURT ORDER PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT WHEN A PRISONER SUCCESSFULLY COMPLETES THE REHABILITATION PROGRAM IN THE OPINION OF THE DIRECTOR OF THE PROGRAM, THE PRISONER MAY APPLY TO THE COURT IN THE COUNTY IN WHICH HE WAS SENTENCED FOR A REDUCTION OF HIS SENTENCE OR FOR RELEASE FROM THE COUNTY PRISON OR JAIL INTO SOCIETY AT LARGE, SUBJECT TO ANY TERMS OR CONDITIONS THE COURT, IN ITS DISCRETION, MAY IMPOSE UPON THE PRISONER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
and has ordered the Bill enrolled for ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that a message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification:
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Very respectfully,
Speaker of the House
Received as information.
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being the consideration of the amendment to the House amendment.
Senators BRYAN and STILWELL proposed the following amendment (JUD552.004), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety and inserting therein the following:
/SECTION 2. The Code Commissioner is authorized to add all crimes and offenses enacted by the General Assembly to Sections 16-1-90 and 16-1-100 of the 1976 Code as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number ; however, the crimes and offenses must be added to the appropriate category as established by Section 16-1-20(A) as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number . If the term of imprisonment for a crime or offense does not fit into one of the six established felony categories or one of the three established misdemeanor categories, it must be placed on the list of exempt offenses contained in Section 16-1-10(D) as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number . The purpose of this provision is to allow the Code Commissioner to place crimes and offenses in the appropriate category as established by the General Assembly without requiring each act which affects crimes and offenses to specifically reference Section 16-1-90 or 16-1-100. The Code Commissioner is prohibited from changing the designation by the General Assembly of any crime or offense from felony to misdemeanor or from misdemeanor to felony and is likewise prohibited from changing the number of years of any sentence set by the General Assembly./ .
Amend the bill further by adding appropriately numbered sections to read:
/SECTION 3. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 8, beginning on line 7, in Section 16-1-10(D), as contained in SECTION 1, by striking /(D) The following felonies are classified as exempt under subsection (A):/ and inserting:
/(D) The following offenses are classified as exempt under subsections (A) and (B):/
SECTION 4. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 30, beginning after line 12, in Section 16-1-90(F), as contained in SECTION 8, by inserting:
/47-3-760(B) Penalty for owner of dangerous animal which attacks and injures a human
Second or subsequent offense/
SECTION 5. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 36, beginning after line 26, in Section 16-1-100(A), as contained in SECTION 8, by inserting:
/47-3-760(B) Penalty for owner of dangerous animal which attacks and injures a human
First offense/
SECTION 6. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 119, beginning after line 8, after SECTION 97, by adding an appropriately numbered section to read:
/SECTION . Section 47-3-460(B) of the 1976 Code, as last amended by Act Number 374 of 1992, is further amended to read:
"Section 47-3-760(B). (B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) is guilty of a felony misdemeanor and, upon conviction, for a first offense, must be fined not more than five thousand dollars or imprisoned not more than thirty-six months three years and, upon conviction of a subsequent offense, is guilty of a felony and must be fined not more than ten thousand dollars or imprisoned not more than five years."/
SECTION 7. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 217, beginning after line 14, before SECTION 254, by adding an appropriately numbered section to read:
/SECTION . Section 12-7-1680 of the 1976 Code, as last amended by Act Number 361 of 1992, is further amended to read:
"Section 12-7-1680. Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for the members of the commission or any deputy, agent, clerk, or other officer or employee thereof to divulge or make known in any manner the amount of income or any particulars set forth or disclosed in any report or return required under this chapter. Nothing in this section may be construed to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof or the inspection by the Attorney General or other legal representative of the State of the report or return of any taxpayer who shall bring action to set aside or review the tax based thereon or against whom an action or proceeding has been instituted to recover any tax or any penalty imposed by this chapter. Reports and returns must be preserved for six years and thereafter until the commission orders them to be destroyed.
Any offense against this section is a misdemeanor and, upon conviction, a person shall be punished by a fine of not exceeding one thousand dollars or by imprisonment not exceeding one year, or both, at the discretion of the court, and if the offender be is an officer or employee of the State, he shall be dismissed from office and be incapable of holding any public office in this State for a period of five years thereafter."/
SECTION 8. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 57, beginning after line 16, in Section 16-1-100(C), as contained in SECTION 8, by inserting:
/50-17-1190 Violation of coastal fisheries laws
Second or subsequent offense/
SECTION 9. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 218, beginning after line 17, before SECTION 256, by inserting an appropriately numbered section to read:
/SECTION . Section 50-17-1190 of the 1976 Code, as added by an unnumbered act of 1992, bearing ratification number 486, is amended to read:
"Section 50-17-1190. A person engaging in activities suspended by this article while the suspension is in effect is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned thirty days and have his coastal fisheries privileges suspended for an additional three-year period for each offense. A person convicted of a second or subsequent offense under this section is guilty of a misdemeanor and must be fined two thousand five hundred dollars or imprisoned one year."/
SECTION 10. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 32, beginning after line 38, in Section 16-1-100(A), as contained in SECTION 8, by inserting:
/16-3-1070(D) Stalking
Second or subsequent offense/
SECTION 11. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 38, beginning after line 13, in Section 16-1-100(B), as contained in SECTION 8, by inserting:
/16-3-1070(C) Stalking while restraining order or injunction in effect/
SECTION 12. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 46, beginning after line 38, in Section 16-1-100(C), as contained in SECTION 8, by inserting:
/16-3-1070(B) Stalking
First offense/
SECTION 13. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 217, beginning after line 35, before SECTION 255, by adding an appropriately numbered section to read:
/SECTION . Section 16-3-1070 of the 1976 Code, as added by an unnumbered act of 1992, bearing ratification number 488, is amended to read:
"Section 16-3-1070(A) For purposes of this section:
(1) `Harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) `Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'.
(3) `A credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person violating this section is guilty of the crime of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.
(C) A person who violates subsection (B) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (B) against the same party is guilty of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than two years or by a fine of not more than one thousand dollars, or both.
(D) A person who is convicted of a second or subsequent offense for a violation of subsection (B) within seven years of a prior conviction under subsection (B) against the same victim and involving an act of violence or `a credible threat' of violence, as defined in item (3) of subsection (A), is guilty of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than three years or by a fine of not more than two thousand dollars, or both.
(E) This section does not apply to conduct which occurs during labor picketing."/
SECTION 14. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 41, beginning after line 20, in Section 16-1-100(B), as contained in SECTION 8, by inserting:
/47-1-40 Cruelty to animals
Third or subsequent offense/
SECTION 15. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 8, beginning after line 11, in Section 16-1-10(D), as contained in SECTION 1, by inserting:
/16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Knowingly aiding and abetting homicide by child abuse
(B)(2)/
SECTION 16. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number is amended, page 218, on line 25, by striking SECTION 257 in its entirety and inserting therein the following:
/SECTION 257. This act takes effect January 1, 1993; except that (1) the provisions of Section 14 take effect only if a bill bearing ratification number 509 is approved by the Governor; and (2) the provisions of Section 15 take effect only if a bill bearing ratification number 479 is approved by the Governor.
SECTION 17. This act takes effect upon approval by the Governor./.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
Senator SETZLER asked unanimous consent to recall S. 1378 from Legislative Council and reconsider the vote whereby the Senate concurred in the House amendments.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the consideration of the Senate amendments to the House amendments.
Senator SETZLER proposed the following amendment (RES1378.01), which was adopted:
Amend the bill, as and if amended, page 1, SECTION 1, line 37, by striking /1991-92/ and inserting in lieu thereof:
/1990-91/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
The following were introduced:
S. 1597 -- Senator Martin: A SENATE RESOLUTION COMMENDING THE FAIRFIELD COUNTY EMERGENCY MEDICAL SERVICE, THE FAIRFIELD COUNTY RESCUE SQUAD, THE FAIRFIELD COUNTY VOLUNTEER FIRE DEPARTMENTS, THE FAIRFIELD COUNTY WILDLIFE DEPARTMENT, SOUTH CAROLINA STATE TROOPERS, THE SOUTH CAROLINA STATE LAW ENFORCEMENT DIVISION, THE FAIRFIELD COUNTY SHERIFF'S DEPARTMENT, THE GREAT FALLS RESCUE SQUAD, AND THE FAIRFIELD COUNTY EMERGENCY PREPAREDNESS OFFICE FOR THEIR COMBINED HEROIC EFFORTS IN RESCUING THE THREE MEDICAL WORKERS WHOSE RESCUE HELICOPTER CRASHED ON MAY 29, 1992, IN FAIRFIELD COUNTY.
The Senate Resolution was adopted.
S. 1598 -- Senator Wilson: A SENATE RESOLUTION TO WELCOME THE PRINTING OFFICIALS OF OTHER STATES AND RELATED POLITICAL JURISDICTIONS TO SOUTH CAROLINA WHEN THEY ATTEND THE NATIONAL STATE PRINTING ASSOCIATION ANNUAL CONFERENCE SEPTEMBER 27-30, 1992, IN CHARLESTON.
The Senate Resolution was adopted.
S. 1599 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE 1992 STATE CLASS AA TEAM TRACK AND FIELD CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1600 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LANDER COLLEGE MEN'S TENNIS TEAM FOR WINNING THE 1992 NAIA CHAMPIONSHIP WHICH IS LANDER'S FOURTH NATIONAL MEN'S CHAMPIONSHIP IN EIGHT YEARS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1601 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. BOBBIE REYNOLDS, LEGISLATIVE COUNCIL SECRETARY, FOR HER DEDICATION AND OUTSTANDING SERVICE TO THE GENERAL ASSEMBLY, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
Whereas, Mrs. Bobbie Reynolds has served the General Assembly and the State of South Carolina faithfully for many years as a secretary in the Legislative Council, including service as administrative assistant to the council's assistant director; and
Whereas, she is a highly-skilled professional whose intelligence, hard work, sweetness, and understated sense of humor have gained her the respect and admiration of countless persons in state government; and
Whereas, she has indicated her plans to retire in June, 1992; and
Whereas, her leadership in the council and her excellent abilities will be greatly missed by all who have been associated with her; and
Whereas, we want her to know that her dedication and exemplary service are deeply appreciated and that she is, in our view, truly deserving of commendation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend Mrs. Bobbie Reynolds, Legislative Council secretary, for her dedication and outstanding service to the General Assembly and extend best wishes to her for happiness following her retirement from state service.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Bobbie Reynolds.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1602 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. MARY LOUISE MASON, LEGISLATIVE COUNCIL PROOFREADER, FOR HER EXCELLENT HARD WORK AND LOYALTY TO THE GENERAL ASSEMBLY, AND EXTENDING TO HER WARMEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
Whereas, Mrs. Mary Louise Mason has served the General Assembly and the State of South Carolina with excellence for many years as a proofreader in the Legislative Council; and
Whereas, she has brought skill and professionalism to her position and is known, as well as loved, for her kindness, generosity, concern for others, diligence, and sense of responsibility; and
Whereas, she has indicated her intention to retire from state government in June, 1992; and
Whereas, her hard work and dedication, as well as her sweet and always-cheerful personality, will be genuinely missed by all of her many friends in the Capitol Complex; and
Whereas, we want her to know that we truly appreciate her excellent hard work in our behalf and her loyalty, and we find her greatly deserving of commendation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend Mrs. Mary Louise Mason, Legislative Council proofreader, for her excellent hard work and loyalty to the General Assembly and extend to her warmest wishes for happiness following her retirement from state service.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Mary Louise Mason.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1603 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA COASTAL COUNCIL IN MAKING CERTIFICATIONS TO THE SECRETARY OF THE ARMY UNDER THE FEDERAL CLEAN WATER ACT THAT NATIONWIDE PERMITS ISSUED BY HIM ARE CONSISTENT WITH THIS STATE'S WATER QUALITY STANDARDS AND PLANS SHOULD ONLY CONSIDER CRITERIA PROVIDED IN THE FEDERAL CLEAN WATER ACT.
Senator LOURIE spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1604 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION TO COMMEND SENATOR CALDWELL THOMAS "RED" HINSON FOR HIS MANY YEARS OF DEDICATED SERVICE AND TWENTY-ONE YEARS OF PERFECT ATTENDANCE IN THE SOUTH CAROLINA LEGISLATURE.
Whereas, Senator Caldwell Thomas "Red" Hinson faithfully served his constituents in the House of Representatives from 1969 until 1982; and
Whereas, he has actively represented Lancaster and York counties in the South Carolina Senate continuously since 1985; and
Whereas, Senator Hinson has distinguished himself through his many years of active and committed service on behalf of his constituents; and
Whereas, he has shown his commitment to his community and state by serving on various civic and community service-oriented organizations, such as the Veterans of Foreign Wars, the American Legion, the Disabled American Veterans, the Masons, the Shriners, the Eastern Star and the Gideons; and
Whereas, he served his country with honor in the United States Armed Forces as an Infantry machine gunner and was wounded four times in combat while serving in Italy during World War II; and
Whereas, he is currently an active and respected member of the Senate Banking and Insurance Committee, the Senate Finance Committee, the Senate General Committee, the Senate Medical Affairs Committee, and the Senate Transportation Committee; and
Whereas, during Senator Hinson's many years of service in both the House of Representatives and the Senate, he has notably achieved a record of twenty-one years of perfect attendance. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, commends one of its outstanding and most dedicated members, Senator Caldwell Thomas "Red" Hinson for his many years of dedicated service and perfect attendance in the South Carolina Legislature.
Be it further resolved that a copy of this resolution be forwarded to Senator Hinson.
Senator WILLIAMS spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senator WILLIAMS, Senator HINSON was presented a plaque commemorating his years of perfect attendance in the Senate.
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.
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.
At 12:39 P.M., on motion of Senator LOURIE, the Senate receded from business until 1:00 P.M.
The Senate reassembled at 1:30 P.M. and was called to order by the PRESIDENT.
Senator SHEALY rose to a Point of Privilege.
Senator GILBERT rose to a Point of Personal Privilege.
Mr. President and Members of the Senate:
It is unusual for me to address this body twice in any one day on a Point of Personal Privilege. I apologize, but, I thought I needed to say something as my tenure comes to a close after serving in this distinguished body and the House of Representatives for ten years.
My coming to serve in this body was not well accepted by some. Some even attempted to rebuff me. I sat with dignity without becoming upset, because with my training in sociology, psychology, and other behavioral sciences, I knew I could handle the situation. Equipped with this background, and my charm, things started changing and now I am treated without regard to the old. This, too, I understand. People change -- and this is a new day -- we must change and we must work together to make life better for the people we serve. But there are times that come that must change, so to speak, and I saw it as an opportunity to get elected and I was elected. I was sent here to serve the people in Florence, Marion, and Horry Counties just as you were sent to serve the folk that elected you. So, I had no problem with those who sat to make decisions for this state as to how they would receive, or not receive, me.
I just want to recount some of the problems that we encountered and how we have worked through all of that and how those attitudes over the years have changed. I'm a friendly person. But, I ain't too doggone easy to get along with if I've got certain kinds of convictions about whatever it is and I recognize that. And, so, I'm rather cautious about how I deal with people because I know me better than you know me. So I don't worry about anybody else who harbors the same kinds of feelings and problems that I might have.
I said all that, to say I have grown a great deal after coming to the South Carolina Senate and some of you who sit here now constantly reminded me of things -- you talk about the 'Turks' who came here at the time you came, Mr. PRESIDENT and others, who reminded me by saying, 'You know you are a different kind of individual than we were led to believe that you were. They said that you were a hellion, that you raised Hell all the time. That you were the devil. You had horns,' some have said, and they sit here right now, listening to me. These are their statements, 'I have not seen the horns. Yet, when you are convinced that you're right and you've got something to say, you say it.' And, I think that they hit the nail on the head. I'm that kind of individual. I don't really intend to do anybody any harm, but I do step to the bat when I think that I need to hit the ball.
But, we have grown together and I enjoy a different kind of attitude in this assembly and the cordiality of the men and women who sit here. And, I wish that I could continue, but I have chosen not to continue because I can't do two things and all of you know that I have chosen to run for the United States Congress. That's history.
But, I do want to say that I appreciate all the courtesies on the part of the staff, as well as on the part of the members of the Senate. This is a great body and if I were to leave you with anything, I guess I would say to you that we need to try to work more in a spirit of cooperation and in negotiation. Some things can't necessarily be always legislated in the way in which we go about things. We must look for certain compromises -- not of principles, but of facts and substantive matters.
I guess if I were to say something else, I think in terms of Thomas Payne, having been born an Englishman and by decree became a Frenchman and by adoption he became an American. And with Charles Dickens having been born an Englishman, Charles Dickens talked about the time he wrote the story of the Tale of Two Cities and in that story, which is a classic, he talked about his life as a pauper and at the age of 11, his father, having been imprisoned for an indebtedness, Dickens had to go to work in a shoe polish factory with no labor laws. Charles Dickens worked all day and sometime all night to make a living for his family. At the age of 16, the story goes, Charles Dickens got a job with a law firm and there he was able to observe the workings of the English courts. Charles Dickens despised what he saw there because he saw the nobility taking advantage of the lower class, the paupers, and he despised that. Charles Dickens was able to observe that from that vantage point.
I say, myself, like Charles Dickens, having come from whence I came and now sit in a body that one time disallowed this. When I first put my feet on the grounds here in Columbia, S.C. in 1948, on a tour from Greenwood, S.C., we were not even allowed to come on these grounds unless we were prepared to get locked up. Times have changed. Now, I sit in the body where I can also observe how we, as noble as we may be, are not so noble. We make laws for those who have sent us here to make laws and how sometimes we are insensitive to the needs of other people, and take advantage of those who have no means to fend for themselves. I, like Charles Dickens, despise that. We talk about working for the little people, Senator from Lancaster, but oftentimes, I don't see that in the legislation that we adopt here.
One of the greatest fights that I almost had here on this floor emanated from right over there, and I'm going to call that to your attention. When I called to the attention of this assembly that I felt that we were doing the wrong thing when we were debating and adopting legislation dealing with capital gains and I stood here at this podium and said to this assembly that I thought that we were doing the wrong thing because I felt, in my heart, that we were adopting legislation that was in the interests of the richest of all of the people of South Carolina. I referred to it as 'fat cat, fat rat' legislation. And, I think you remember that. I need not tell you who challenged me on that, but I was waiting because I was about as full of fire as the person who challenged me 'cause I knew that there was nothing between the two of us but air and I had enough for Hell in me right then and there for that person to come toward me to really challenge me physically and I know, in my heart, that I wasn't going to lose any battle of that sort. 'Cause see, I came from the farm. Hell, I wrestled more hogs and horses down than you will ever dream of wrestling and I was a poor boy in stature, but it's the way you deal with them.
I simply say that there has been a lot of change in mood and in attitude of this assembly and it wasn't what I said in dubbing it as 'fat cat, fat rat' legislation, it was, in my judgment a carry-over of the attitude that was harbored for the defeat that I had conquered maybe and the way in which I came to the assembly.
But, I say to you today that seems to be all gone and it's a new day and, I seem to be leaving at a period of time that perhaps I needed to stay. Because of the attitude and the climate that now exists that we perhaps could work together and get things done.
But, also, I want to talk about this. Because I really believe that this Senate is going to be the real leadership in a new day. I won't be here, but some of you will be. Another very prolific writer by the name of Thomas Payne, who was an Englishman, that had much to do with the founding of this country and the American Revolution and that man, by the name of Thomas Payne meeting Ben Franklin in, I think, 1774, in London and he was a poor man in his writing and he was an agitator and a pamphleteer and he talked about the times, the times that tried men's souls. Now that we have talked about Charles Dickens and the best of times and the worst of times, now, we are talking about Thomas Payne admonishing Thomas Jefferson and Ben Franklin and George Washington and all of them to break away from the Mother Country, become an independent nation. Thomas Payne having lived through the French Revolution, he knew that if America was ever to be anything, it had to be an independent nation and, of course, the Framers of the Constitution and all that you know so well, heard him well and, of course, they attempted to break away from the Mother Country and did so.
And the first person to give his life in defense of this country was a black gentleman who was a runaway slave who was working at the docks in Boston, Massachusetts, by the name of Crispus Attucks. When we are dubbed as black people and that we are not patriotic, then I suggest to you to read your history and learn your history. Mr. Attucks summoned together a group of men and women that battled and scrimmaged in the streets of Boston and they called it the Boston Massacre. So, I suggest that to you.
But, 'these are the times that try men's souls.' 'These are the best of times, yet, these are the worst of times.' And, I say that with all of what we have talked about here today in this spirit. We've talked about the Confederate flag and the battle flag and putting it up and then taking it down and where it should go and where it shouldn't go. I have said to you also, and I want to reiterate or repeat this -- that, I feel that the flag is misplaced. I think it should be somewhere because it has a tendency, regardless of how we think about it, and what it is, in fact or not in fact, it has a tendency to divide and we don't need anything to divide us. We need everything to bring us together. And, if this symbol flies above this capital and over this podium and in these Chambers that divide us, then, I think we need to rethink on both sides of this issue what will be best and how we can best deal with that.
I think that a committee should be appointed of both Houses to sit down as men and women can so well do and make those kinds of decisions and report back to this General Assembly so that we can set the tone and the leadership for this State. So that we all can march together in as great a harmony as we possibly can march. Because 'these are the times that try men's souls.' 'These are the best of times, yet, these are the worst of times.' They are the worst of times for those who do not prepare and will not prepare and to take advantage of opportunities that are afforded them. They are the best of times for some of us who would take advantage of the rest of us in the positions in which we serve and hold power over others. I say it's the best of time for you because they vanish as Charles Dickens saw.
So, having sat as Charles Dickens did, where I can observe in an organization that once discriminated in such a way and in fashion that I could not be here under any other circumstances, I hold that very dear that those things have changed and now it makes it possible for me to serve and I feel that I must serve well so that those who would come after me can appreciate my having been here and also will be made whole as a result of that.
I leave you good will, a spirit of cooperation, yes, even a thankfulness for having been accepted finally into this great body that I respect so well -- the South Carolina Senate and into the General Assembly of South Carolina. It has been my pleasure serving with you and I really hate to go. I told Senator LOURIE I did not hear his speech because I couldn't stand it. I had to walk out of here. It was a little too touching. I'll read about it in the Journal and I understand there were other speeches that I'm glad I did not hear. I am not that emotional, for myself, because I have a way of handling things a little bit differently. But, I do look forward to coming back from time to time as a Congressman, Senator from Charleston. And this having been said, and having taken up a lot of your time. Maybe its not too much for the ten years I have served in the General Assembly for the people of South Carolina, and that I love so well. So, you'll hear much of me in the future. Thank you very much.
On motion of Senators LAND, PASSAILAIGUE and WASHINGTON, with unanimous consent, the Clerk was directed to obtain transcripts of the remarks of Senators MARTIN, SHEALY, GILBERT and LOURIE to be published in the permanent Journal of the Senate.
June 3, 1992
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointments, Chesterfield County Magistrates, with terms to expire April 30, 1994:
Honorable Richard Rudolph Lee, Route 1, Box 366-A, Cheraw, South Carolina 29520 VICE R. Rudolph Lee (removed)
Honorable Robin R. Johnson, Post Office Box 396, Jefferson, South Carolina 29718 VICE W.A. Clark (resigned)
Honorable James E. Leppard, Jr., Post Office Box 749, Cheraw, South Carolina 29520 VICE Thomas Belk Ingram (resigned)
May 29, 1992
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.
Initial Appointment, Member, Chesterfield County Board of Voter Registration, with term to expire March 15, 1994:
Ms. Gladys M. Ellerbe, 301 ACL Avenue, Cheraw, South Carolina 29520 VICE Thomas Ganzy (deceased)
At 2:12 P.M., Senator LEATHERMAN assumed the Chair.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to S. 1398:
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
asks for a Committee of Conference, and has appointed Reps. T.C. Alexander, L. Martin and Whipper of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators BRYAN, FIELDING and STILWELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 1583 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL, AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE, TO PROVIDE FOR THE MANNER BY WHICH THE FUND MUST BE FUNDED AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
Very respectfully,
Speaker of the House
Received as information.
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.
On motion of Senator LAND, the Report of the Committee of Conference to H. 4337 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-11-140 of the 1976 Code, as last amended by Act 658 of 1988, is further amended by adding at the end:
"The monthly allowance a beneficiary is receiving under this program on July 1, 1992, must be increased by ten percent effective on July 1, 1992, if the beneficiary was receiving a benefit on July 1, 1991."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John C. Land, III /s/Herbert Kirsh
/s/Kay Patterson /s/Richard M. Quinn, Jr.
/s/Warren K. Giese /s/H. Howell Clyborne, Jr.
On Part of the Senate. On Part of the House.
and a message was sent to the House accordingly.
H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.
On motion of Senator LAND, with unanimous consent, the Bill was recalled from the Committee on Finance.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
H. 4617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CERTIFICATION AND RECERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator STILWELL, with unanimous consent, the Resolution was recalled from Legislative Council.
There was no objection.
Senator STILWELL asked unanimous consent to reconsider the vote whereby the Resolution was read the third time and to recommit the Resolution to the Committee on Judiciary.
There was no objection.
H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
On motion of Senator SHEALY, with unanimous consent, the Bill was recalled from the Lexington Delegation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SHEALY proposed the following amendment (RES3172.003), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting a new SECTION 2 to read as follows:
/SECTION 2. The terms of members in office on the effective date of this act which expire in 1993 and 1994 are extended until their successors elected in the general election of 1994 assume office. The terms of members in office on the effective date of this act which expire in 1995 and 1996 are extended until their successors elected in the general election of 1996 assume office. The terms of persons elected pursuant to this act begin on the Monday following the certification of the results of the general election./
Renumber remaining sections to conform.
Amend title to conform.
Senator SHEALY moved adoption.
The amendment was adopted.
Senator SETZLER proposed the following amendment (RES3172.002), which was adopted:
Amend the bill, as and if amended, SECTION 1, Page 1, Line 26, by adding after the period the following:
/Each such election shall be conducted on a separate and distinct ballot arranged exclusively for candidates of boards of trustees for a particular school district./
Amend further by adding a new SECTION 4 to read as follows:
/SECTION 4. Candidates for the office of trustee for the several boards of trustees for school districts in Lexington County are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation./
Renumber remaining sections to conform.
Amend title to conform.
Senator SETZLER moved adoption.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator SHEALY, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
The following were introduced:
S. 1605 -- Senators Williams, Martin, Drummond, Holland, Lourie, Saleeby, J. Verne Smith, Land, Setzler, Macaulay, Moore, Nell W. Smith, Courson and Mitchell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1992, THEY SHALL STAND ADJOURNED TO MEET IN LOCAL SESSION AT 10:00 A.M. ON JUNE 5, 8, 9, 10, 11, 12 AND 15 FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 10, 1992, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON MONDAY, JUNE 15, 1992, IT SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION BETWEEN JUNE 16 AND JUNE 18, 1992, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON JUNE 18, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
When the respective Houses adjourn on Thursday, June 4, 1992, each House shall stand adjourned to meet at 10:00 a.m. on June 5, 8, 9, 10, 11, 12 and 15, 1992, for the consideration of local and uncontested matters which have the unanimous consent of the members of the affected delegation and for the consideration of resolutions expressing sympathy or congratulations and to provide that the President of the Senate and the Speaker of the House are authorized to meet on Wednesday, June 10, 1992, for the ratification of Acts which have been enrolled prior to that date and to provide that when the General Assembly adjourns on Monday, June 15, 1992, it shall stand adjourned to meet in statewide session beginning at 11:30 a.m. on Tuesday, June 16 through Thursday, June 18, 1992, for consideration of:
(A) Gubernatorial vetoes;
(B) Confirmation of appointments;
(C) Ratification of Acts;
(D) Resolution setting an earlier time and/or date for Sine Die adjournment.
Be it further resolved, that the General Assembly shall stand adjourned Sine Die not later than 5:00 p.m. on Thursday, June 18, 1992.
Senator WILLIAMS spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1606 -- Senators Robert W. Hayes, Jr., Peeler, Hinson, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING ENTHUSIASTIC SUPPORT FOR THE LOCATION OF A NATIONAL FOOTBALL LEAGUE FRANCHISE IN THE CHARLOTTE AREA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator MOORE, from the General Committee, has polled out H. 4774, favorable:
H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.
Moore Passailaigue Courtney
Holland Rose Cork
Wilson J. Verne Smith Stilwell
Reese Hinson Hayes, R.W.
Thomas Washington Fielding
Carmichael O'Dell
Senator MOORE asked unanimous consent to give the Bill a second reading today and a third reading tomorrow.
There was no objection.
S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
The House returned the Bill with amendments.
On motion of Senator ROSE, 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.
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
The House returned the Bill with amendments.
Senator ROSE explained the amendments.
On motion of Senator ROSE, 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.
H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.
The House returned the Bill with amendments.
On motion of Senator LOURIE, 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. 1593 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. EMILY HOLLEMAN OF OCONEE COUNTY FOR HER THIRTY-THREE YEARS OF FAITHFUL, DEDICATED SERVICE TO OCONEE COUNTY SCHOOLS AND TO WISH HER WELL IN HER RETIREMENT.
Returned with concurrence.
Received as information.
S. 1594 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARJORIE STOKES UPON HER RETIREMENT AFTER TEACHING MORE THAN TWENTY-THREE YEARS IN THE OCONEE COUNTY SCHOOL SYSTEM AND TO WISH HER WELL IN HER RETIREMENT.
Returned with concurrence.
Received as information.
S. 1595 -- Senators Martschink, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING JUNE B. LICATA OF COLUMBIA FOR HER MANY YEARS OF OUTSTANDING SERVICE TO THE STATE, AND EXTENDING BEST WISHES TO HER FOR SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.
Returned with concurrence.
Received as information.
S. 1596 -- Senators Matthews, Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE EARL MATTHEW MIDDLETON OF ORANGEBURG COUNTY FOR HIS DETERMINATION, HARD WORK, AND ENTREPRENEURIAL SKILLS IN BUILDING A SUCCESSFUL REAL ESTATE BUSINESS PLACING HIM IN THE FOREFRONT OF BLACK BUSINESS LEADERS IN THE COUNTRY BY CROSSING RACIAL LINES IN SALES AND HIRING.
Returned with concurrence.
Received as information.
S. 1599 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE 1992 STATE CLASS AA TEAM TRACK AND FIELD CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 1600 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LANDER COLLEGE MEN'S TENNIS TEAM FOR WINNING THE 1992 NAIA CHAMPIONSHIP WHICH IS LANDER'S FOURTH NATIONAL MEN'S CHAMPIONSHIP IN EIGHT YEARS.
Returned with concurrence.
Received as information.
S. 1601 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. BOBBIE REYNOLDS, LEGISLATIVE COUNCIL SECRETARY, FOR HER DEDICATION AND OUTSTANDING SERVICE TO THE GENERAL ASSEMBLY, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
Returned with concurrence.
Received as information.
S. 1602 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. MARY LOUISE MASON, LEGISLATIVE COUNCIL PROOFREADER, FOR HER EXCELLENT HARD WORK AND LOYALTY TO THE GENERAL ASSEMBLY, AND EXTENDING TO HER WARMEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
Returned with concurrence.
Received as information.
S. 1604 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION TO COMMEND SENATOR CALDWELL THOMAS "RED" HINSON FOR HIS MANY YEARS OF DEDICATED SERVICE AND TWENTY-ONE YEARS OF PERFECT ATTENDANCE IN THE SOUTH CAROLINA LEGISLATURE.
Returned with concurrence.
Received as information.
S. 1606 -- Senators Robert W. Hayes, Jr., Peeler, Hinson, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING ENTHUSIASTIC SUPPORT FOR THE LOCATION OF A NATIONAL FOOTBALL LEAGUE FRANCHISE IN THE CHARLOTTE AREA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4822 -- Reps. Townsend, Cooper, P. Harris, Tucker and Chamblee: A BILL TO AMEND ACT 269 OF 1989, RELATING TO TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REQUIRE THE SCHOOL BOARD TO DETERMINE THE TAX MILLAGE WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE STATE ANNUAL APPROPRIATIONS ACT AND TO PROVIDE AN EXCEPTION.
(By prior motion of Senator O'DELL)
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
(By prior motion of Senator POPE, with unanimous consent)
H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.
(By prior motion of Senator LOURIE, with unanimous consent)
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
(By prior motion of Senator WILLIAMS, with unanimous consent)
H. 4870 -- Reps. Ross and T.C. Alexander: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS FOR A TERM OF FOUR YEARS AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED; TO PROVIDE FOR THE MANNER IN WHICH THE CHAIRMAN OF THE OCONEE COUNTY BOARD OF EDUCATION SHALL BE SELECTED; AND TO DELETE CERTAIN PROVISIONS OF ACT 383 OF 1961, RELATING TO THE ELECTION OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
H. 4714 -- Rep. McLeod: A BILL TO AMEND SECTION 40-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS PERTAINING TO BARBERS AND BARBERING, SO AS TO REVISE THE EXEMPTION FOR COSMETOLOGISTS.
At 2:35 P.M., The PRESIDENT assumed the Chair.
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.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The question was adoption of the amendment previously proposed on March 10, 1992. On motion of Senator LAND, the amendment was withdrawn.
Senator LEATHERMAN proposed the following Amendment No. 1 (DKA\3631.AL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The second paragraph of Section 56-5-4150 of the 1976 Code is amended to read:
"All private motor trucks or truck tractors of more than twenty-four six thousand pounds gross weight and all for-hire motor trucks or truck tractors shall must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions shall do not apply to two-axle straight trucks hauling raw farm and forestry products. Trucks operating pursuant to Public Service Commission and Interstate Commerce Commission identification rules the federal motor carrier safety regulations may operate with the owner's, lessor's or lessee's name as required by either of these commissions."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator LEATHERMAN proposed the following Amendment No. 2 (DKA\3710.AL), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 56-5-4150 of the 1976 Code is amended to read:
"Section 56-5-4150. The department upon registering any a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests as necessary to enable it to determine whether the vehicle may safely be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for any a person to operate any a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. Every A person making application for a `farm truck' license shall declare, in the form prescribed by the department, the true unloaded or empty weight of the vehicle, and on every vehicle having an actual unloaded or empty weight of over five thousand pounds, the owner shall stencil or mark in a conspicuous place on the vehicle the true unloaded or empty weight.
All A private motor trucks truck or truck tractors tractor of more than twenty-four twenty-six thousand pounds gross weight and all a for-hire motor trucks truck or truck tractors tractor shall must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions shall do not apply to two-axle straight trucks hauling raw farm and forestry products. Trucks A truck operating pursuant to Public Service Commission and Interstate Commerce Commission identification rules the federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required by either of these commissions./
Amend title to conform.
Senator SALEEBY explained the amendment.
Senators LAND, SALEEBY and STILWELL proposed the following Amendment No. 3 (BR1\2912.AC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 56-3-2320 of the 1976 Code, as last amended by Act 91 of 1991, is further amended by adding at the end of the section:
"Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer tags for exclusive use on such heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer tags for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks."/
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators MACAULAY and WILSON proposed the following Amendment No. 1 (N05\8675.BD), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 38-77-282. A refusal to write or renew physical damage coverage based in whole or in part on race, sex, religion, national origin, economic status, residence, or lawful occupation is unlawful. An insurer or agent who refuses to write or renew or cancels physical damage coverage shall provide the reasons for the action in writing."
SECTION __. The 1976 Code is amended by adding:
"Section 38-77-284. (A) Not later than ninety days after the effective date of this section, insurers of automobile insurance shall file with the commissioner revised rates for private passenger automobile physical damage insurance coverages written by them. Each insurer shall file a:
(1) `preferred' rate by driver classification and territory which is a rate less than the `standard' rate;
(2) `standard' rate which must be the approved base rate as defined in Section 38-73-457 by driver classification and territory in effect July 1, 1992;
(3) `substandard' rate by driver classification and territory which is a rate more than the `standard' rate.
(B) The commissioner shall approve the rates filed pursuant to subsection (A) if they meet the requirements, and these rates become effective for all policies of automobile insurance issued or renewed with effective dates after September 30, 1992.
(C) Insurers of automobile insurance may place an automobile risk at any of the three rate levels for physical damage coverages without restriction. However, the Uniform Merit Rating Plan continues to apply to all risks written by them.
(D) An insurer or agent shall provide written notice to the insured of the tier at which physical damage coverage is being written for the insured and the reasons the insured was written in that particular tier."
SECTION __. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall may make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
If collision coverage is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
If comprehensive coverage or fire, theft, and combined additional coverages are offered or provided, they must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) [Until October 1, 1992, subsection (B) reads as follows:] Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. [From and after October 1, 1992, subsection (B) reads as follows:] Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e). All insurers subject to this section writing single interest collision coverage shall provide an applicant for the insurance, upon application, a notice separate from other forms used in the application. The notice must be signed by the applicant evidencing his acknowledgment of having read the notice. The notice must contain the following language printed in bold face type:
`NOTICE: THE INSURANCE COVERAGE YOU ARE PURCHASING IS ONLY SINGLE INTEREST COLLISION COVERAGE. THE AMOUNT OF INSURANCE DECREASES AS YOU PAY OFF THE AMOUNT OF YOUR INDEBTEDNESS. YOU MAY NOT RECEIVE INSURANCE PROCEEDS ABOVE THE AMOUNT OF THE OUTSTANDING BALANCE ON YOUR LOAN.'
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides or includes automobile physical damage coverage only may be ceded to the facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."
SECTION __. All insurers shall submit rate filings within twelve months after the effective date of this act. These filings must reflect the rate decreases, if any, attributable to the passage of this act./
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY explained the amendment.
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.
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (RES4239.01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting the following in lieu thereof:
/SECTION 1. Section 25-11-20 of the 1976 Code is amended to read:
"Section 25-11-20. For the purpose of carrying on this work the Governor shall appoint a Director of Veterans Affairs, who shall be is charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation relative thereto. The Director of Veterans Affairs shall must be a person versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress. He shall and must be appointed by the Governor. Before the appointment, the Governor shall receive a upon the recommendation of from (1) the executive committee of the American Legion, Department of South Carolina, (2) the Veterans of Foreign Wars of the United States, Department of South Carolina, and (3) the Disabled American Veterans. The Governor is not required to appoint the person recommended and he shall be is subject to removal by the Governor for cause."/
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator LEVENTIS proposed the following Amendment No. 3 (RES4571.06), which was adopted:
Amend the bill, as and if amended, Section 1-23-115(C), SECTION 1, by striking items (3), (4), and (5) and inserting:
/(3) A determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose;/
Amend the bill further, as and if amended, page 3, line 30, after the word /items/ by striking /(6) through (10)/ and inserting in lieu thereof the following:
/(4) through (8)/.
Renumber subitems to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following amendment (Res 4703.01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Edgefield County School District shall be composed of seven single-member districts from which members of the board of trustees of the district shall be elected:
DISTRICT 1
Area Population
Edgefield County
JOHNSTON 1 2,177
JOHNSTON 2
Tract 9703.00
Blocks: 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131, 132, 133A, 133B, 134, 157, 158, 166, 167 402
DISTRICT TOTAL 2,579
DISTRICT 2
Area Population
Edgefield County
EDGEFIELD 1
Tract 9702.00
Blocks: 533B, 534, 536, 537, 538, 539, 540, 541, 553, 554, 555B, 556, 559B, 562B, 563A, 563B, 564, 565B, 565C, 566A, 566B, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580 283
HARMONY 819
JOHNSTON 2
Tract 9703.00
Blocks: 101, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108, 109, 110, 111, 135, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142A, 142B, 143, 144, 145, 146, 147A, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 292, 293, 294, 295, 296, 297 1,416
TRENTON
Tract 9704.00
Blocks: 104, 105, 130A, 130B, 131, 201, 202, 203, 204, 205, 206A, 206B, 207, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 215, 220, 258, 259 195
DISTRICT TOTAL 2,713
DISTRICT 3
Area Population
Edgefield County
KENDALL
Tract 9702.00
Blocks: 622B, 626B, 627, 628, 629, 630D, 632B, 633, 634, 635, 636, 637, 638, 639, 640 224
TRENTON
Tract 9704.00
Blocks: 103, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142A, 142B, 143, 144A, 144B, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 179, 180, 182, 183, 184, 214, 216A, 216B, 217, 218A, 218B, 219A, 219B, 219C, 221, 222, 223, 224A, 224B, 225, 226, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233A, 233B, 234A, 234B, 234C, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 1,426
Tract 9705.00
Blocks: 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 436, 437, 438 939
DISTRICT TOTAL 2,589
DISTRICT 4
Area Population
Edgefield County
EDGEFIELD 1
Tract 9702.00
Blocks: 433A, 436A, 437A, 438A, 439, 440A, 442, 443, 444A, 446, 447A, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 526A, 527, 528, 529, 530, 531, 532, 533A, 535, 555A, 557, 558, 559A, 560, 561, 562A, 565A 677
EDGEFIELD 2
Tract 9702.00
Blocks: 216A, 217, 224, 225, 226A, 303A, 309A, 311A, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 327A, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358 1,022
KENDALL
Tract 9702.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 623, 624, 625, 626A, 630A, 630B, 630C, 631, 632A, 641, 642, 643 864
DISTRICT TOTAL 2,563
DISTRICT 5
Area Population
Edgefield County
BRUNSON 803
EDGEFIELD 1
Tract 9702.00
Blocks: 194, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433B, 434, 435, 436B, 437B, 438B, 440B, 441, 444B, 445, 447B, 522, 523, 524, 525, 526B 307
EDGEFIELD 2
Tract 9702.00
Blocks: 214, 215, 216B, 218, 219, 220, 221, 222, 223, 301, 302, 303B, 304, 305, 306, 307, 308, 309B, 310, 311B, 314B, 326B, 327B, 328, 329, 330, 331, 332, 333 551
JOHNSTON 2
Tract 9702.00
Blocks: 134, 135, 136, 137, 150, 151, 152, 153, 154, 155 206
NORTH SIDE 727
DISTRICT TOTAL 2,594
DISTRICT 6
Area Population
Edgefield County
MERRIWETHER
Tract 9705.00
Blocks: 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 169, 189, 190, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209A, 209B, 211, 220, 224A, 224B, 225A, 225B, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 1,692
TRENTON
Tract 9704.00
Blocks: 174, 175, 176, 177, 178, 181, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 674
Tract 9705.00
Blocks: 306, 307, 406, 407, 434, 435 319
DISTRICT TOTAL 2,685
DISTRICT 7
Area Population
Edgefield County
EDGEFIELD 2
Tract 9702.00
Blocks: 211, 212, 213, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235 176
Tract 9705.00
Blocks: 101, 102, 103, 105, 108, 109, 110, 111, 113 103
MERRIWETHER
Tract 9705.00
Blocks: 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193, 194, 195, 196, 197, 210, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222A, 222B, 223 1,416
WEST SIDE 957
DISTRICT TOTAL 2,652
SECTION 2. The Edgefield County School Board of Trustees shall consist of seven members with one member elected from and representing each of the seven single-member districts as provided in SECTION 1.
SECTION 3. The seven present members of the Board of Trustees of the Edgefield County School District each of whom currently resides in one of the seven single-member election districts established in SECTION 1 shall be deemed to be members of the board representing these districts until their current terms of office expire. When the terms of the present incumbent members of the Board of Trustees of the Edgefield County School District expire beginning in 1992, their successors must be elected for terms of four years in nonpartisan elections to be conducted at the same time as the general election of that year beginning in 1992 to be held in the manner provided in this act. These members of the board must continue to be residents and qualified electors of those single-member districts and shall be elected by all the qualified electors of the district. All members of the board shall serve until their successors are elected and qualify.
SECTION 4. When a vacancy on the board occurs for any reason other than expiration of a term, the successor to that member must be selected in the manner provided by this act. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
SECTION 5. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission in the manner provided by Section 7-13-352 of the 1976 Code. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, length of residence in the particular residence area of the candidate, and other information as the county election commission requires.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the election, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election.
Results of the elections must be determined in accordance with the nonpartisan election and runoff method provided in Section 5-15-62 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4873 -- Reps. Gonzales, D. Williams, H. Brown, G. Bailey, Whipper, Hallman, Fulmer, R. Young, Holt, Rama, D. Martin, Barber, A. Young, J. Bailey, Wofford, J. Williams and Inabinett: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (RES4873.01), which was adopted:
Amend the bill, as and if amended, page 15, after line 20, by adding an appropriately numbered SECTION to read:
/SECTION . Title 13 of the 1976 Code is amended by adding:
Section 13-10-10. There is created the Pee Dee Valley Authority. The governing body of the authority is a nine-member board whose members shall serve for terms of four years and until their successors are elected and qualify. The governing bodies of Chesterfield, Clarendon, Darlington, Dillon, Florence, Georgetown, Horry, Lee, Marion, Marlboro, Sumter, and Williamsburg Counties shall each elect one member of the board from their respective counties. Vacancies on the board must be filled for the unexpired term in the manner of the original elections.
Section 13-10-20. The members of the board shall elect a chairman, vice-chairman, and secretary. The board shall meet on the call of the chairman. Five members of the board constitute a quorum for the transaction of its business.
Section 13-10-30. The board has all the rights and powers of a public body politic and corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the right and power to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a seal;
(d) make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(e) acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;
(f) receive contributions, donations, and payments and to invest and disperse the authority's funds;
(g) encourage, assist, promote, and cooperate in the development of the Pee Dee River and the streams, canals, or watercourses now or at a later time connected to or flowing into the river and to appear on behalf of the State before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(h) develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property subject to approval by the State Budget and Control Board. The authority may retain, carry forward, and expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds may only be used in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(i) promulgate regulations affecting the use, management, and control of real property acquired pursuant to item (g) of this section;
(j) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness, in obligations of, or obligations the principal of and interest on which are guaranteed by or are fully secured by contracts with, the United States, in obligations of any agency, instrumentality, or corporation which has been or may at a later time be created by or pursuant to an act of the United States Congress as an agency, instrumentality, or corporation, in direct and general obligations of this State, and in certificates of deposit issued by any bank, trust company, or national banking association; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders of the notes, bonds, or other evidences of indebtedness. In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11. The authority, when investing in certificates of deposit, shall invest in certificates of deposit issued by institutions authorized to do business in this State if the institutions offer terms which, in the opinion of the authority, are equal to or better than those offered by other institutions;
(k) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-10-50; (l) make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-10-50, and to execute all instruments necessary or convenient for the carrying out of business.
(m) For the acquiring of rights-of-way and property necessary for the accomplishment of its duties and purposes, the authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain applies to all property of private persons or corporations and also to property already devoted to public use in the counties from which board members must be appointed.
Section 13-10-40. On consent of a majority of the members of the House of Representatives representing the county and a majority of the Senators representing the county, the authority may exercise any of the powers and duties conveyed under the provisions of Section 13-10-30 in the entire area of any county or portion of any county which borders the Pee Dee River or is within the Pee Dee River Basin. This consent once given shall continue and may be removed only upon consent of a majority of the members of the House of Representatives representing the county, upon consent of a majority of the Senators representing the county, and upon consent of a majority of the Pee Dee Valley Authority.
Section 13-10-50. The authority may issue revenue bonds for the purpose of financing or refinancing, in whole or in part, the cost of the following projects:
(a) purchasing real estate;
(b) constructing, reconstructing, or improving roads, bridges, culverts, or other transportation facilities;
(c) constructing, reconstructing, improving, or equipping water distribution systems, sewer treatment and distribution facilities, buildings, or environmental utilities;
(d) constructing, reconstructing, and improving recreational facilities, including but not limited to marinas, docks, swimming pools, parks, dams, ponds, golf courses, racquetball and tennis facilities, and equestrian and archery complexes.
In connection with the issuance of bonds, the authority may enter into an agreement with a company to construct, operate, maintain, and improve a project, and the authority may enter into a financing agreement with the company prescribing the terms and conditions of the payments to be made by the company to the authority, or its assignee, to meet the payments that become due on bonds.
Section 13-10-60. Revenue bonds issued under this chapter for any project described in Section 13-10-50 must be authorized by resolution of the board of the authority. The resolution may contain provisions which are a part of the contract between the authority and the several holders of the bonds as to:
(a) the custody, security, use, expenditure, or application of the proceeds of the bonds;
(b) the acquisition, construction, and completion of any project for which the bonds are issued;
(c) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the board to dispose of or limit or regulate the use of the project;
(d) the payment of the principal of or interest on the bonds and the sources and methods of payment, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;
(e) the use and disposition of the revenues derived or to be derived from the operation of any project;
(f) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to secure the payment of the principal of and interest on the bonds or the payment of expenses of operation and maintenance of the project;
(g) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;
(h) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;
(i) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;
(j) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(k) rules to insure the use of the project by the public or private sector to the maximum extent to which the project is capable of serving the public or private sector;
(l) any other matter or course of conduct which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.
Section 13-10-70. The bonds may be issued in one or more series, may bear a date, may mature at a time not exceeding forty years from their respective dates, may bear interest at the rate or rates a year as approved by the State Budget and Control Board, may be payable in a medium of payment and at a place, may be in a denomination, may be in a form, either coupon or registered, may carry registration privileges, may be subject to terms of redemption before maturity, with or without premium, and may contain terms, convenants, and conditions as the resolution authorizing the issuance of the bonds may provide. The interest rate on bonds issued by the authority, the proceeds of which are loaned to a company pursuant to a financing agreement to construct or acquire a project authorized under Section 13-10-50, is not subject to approval by the State Budget and Control Board. The bonds are fully negotiable within the meaning of and for the purposes of the Uniform Commercial Code.
Section 13-10-80. The principal of and interest on bonds issued under this chapter are exempt from taxation, as provided in Section 12-2-50. All security agreements, indentures, and financing agreements made pursuant to the provisions of this chapter are exempt from state stamp and transfer taxes.
Section 13-10-90. No bonds may be issued pursuant to the provisions of this chapter until the proposal of the board of the authority to issue the bonds receives the approval of the State Budget and Control Board. When the board proposes to issue bonds, it shall file a proposal with the Budget and Control Board setting forth:
(a) a brief description of the project proposed to be undertaken and its anticipated effect upon the economy of the area in which the project is to be located;
(b) a reasonable estimate of the cost of the project;
(c) a general summary of the terms and conditions of any financing agreement and security agreement.
Upon the filing of the proposal the Budget and Control Board shall, as soon as practicable, make an independent investigation, as it considers necessary or appropriate, and if it finds that the project is intended to promote the purposes of this chapter, it may approve the project. At any time following the approval, the board may proceed with the acquisition and financing of the project. If the proceeds of the bonds are to be made available to a company to construct a project, as provided in Section 13-10-50, notice of the approval of any project by the Budget and Control Board must be published at least once by the authority in a newspaper having general circulation in the county where the project is to be located. An interested party may, within twenty days after the date of the publication of notice, but not after the twenty days, challenge the validity of the approval in the court of common pleas in the county where the project is to be located.
Section 13-10-100. The bonds must be signed in the name of the board of the authority by the manual or facsimile signature of the chairman of the board and attested with the manual or facsimile signature of the secretary of the board. Interest coupons attached to the bonds must be signed by the facsimile signatures of the officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the bonds or the coupons have ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser.
Section 13-10-110. The bonds must be sold at public or private sale upon terms and conditions as the State Budget and Control Board considers advisable.
Section 13-10-120. The board of the authority or its proper administrative officers shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the board with the rates of interest, maturity dates, annual payments, and all pertinent data.
Section 13-10-130. All provisions of a resolution authorizing the issuance of the bonds in accordance with this chapter and any covenants and agreements constitute legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 13-10-140. The bonds authorized by the chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority, including revenues that may be derived by the authority pursuant to the financing agreement with respect to the project which the bonds are issued to finance. The bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the authority, the State, or any political subdivision of the State, or to a charge against the general credit of the authority, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each bond. The principal of and interest on any bonds issued under this chapter must be secured by a pledge of the revenues from which the bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. In making any agreements or provisions, the board of the authority does not have the power to obligate itself with respect to any project for which the proceeds of bonds issued under this chapter have been loaned to a company, except with respect to the project and the application of the revenues from the financing agreement, and does not have the power to incur a pecuniary liability or a charge upon its general credit.
The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person or corporation as the authority designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.
Section 13-10-150. The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, vests in the State.
Section 13-10-160. The authority may retain any unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and expend the funds in subsequent fiscal years.
Section 13-10-170. (A) Before undertaking a project authorized by Section 13-10-50, the board of the authority shall make a determination:
(1) that the project will serve the purposes of this chapter;
(2) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;
(3) that the project will give rise to no pecuniary liability of the authority, the State, or any political subdivision of the State, or charge against the general credit of the authority, the State, or any political subdivision of the State, or taxing power of the State or any political subdivision of the State if the proceeds are loaned by the authority to a company to construct a project;
(4) as to the amount of bonds required to finance the project;
(5) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project; (6) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
The determinations of the board must be set forth in the proceedings under which the proposed bonds are to be issued.
(B) Every financing agreement between the authority and a company with respect to a project shall contain an agreement obligating the company to complete the project if the proceeds of the bonds prove insufficient, and obligating the company to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations made by the board, is sufficient:
(1) to pay the principal of and interest on the bonds issued to finance the project;
(2) to build up and maintain any reserves considered by the board to be advisable in connection with the project;
(3) to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the financing agreement obligates the company to pay for the maintenance and insurance of the project.
Section 13-10-180. The proceeds from the sale of any bonds issued under authority of this chapter may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
The cost of acquiring any project includes the following:
(1) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees;
(2) the purchase price of any part of a project that may be acquired by purchase;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;
(4) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction."/
Renumber sections to comform.
Amend title to conform.
Senator BRYAN proposed the following amendment (436\12615.DW), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Nothing in this act may be construed to provide for the regulation of the generation, transmission, distribution, or provision of electricity at wholesale, retail, or in any other capacity. The provisions of this act shall not modify or abridge the rights, duties, and privileges of electric suppliers, electrical utilities, municipal electric utilities, or governmental entities (supplying electricity) under any state statute including, but not limited to, Title 58, Chapter 27 and Section 5-7-60.
Nothing in this act may be construed to allow the exercise of the right of eminent domain for the condemnation of property used for the generation, transmission, and\or distribution of electricity at wholesale or retail.
Nothing in this act may be construed to authorize a joint or cooperative agreement with the federal or state government or any political subdivision of the state affecting or relating to the regulation of the generation, transmission and/or distribution of electricity at wholesale or retail./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 858 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT ORTHOTIC DEVICES, EXCLUDE CERTAIN SHOES AND DEVICES FROM THE EXEMPTION, AND DEFINE TERMS.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (LCIH3039.1) was adopted as follows:
Amend the bill, as and if amended, page 1, line 36, by inserting after the word /public/ the following:
/or from using the terms "wholesaler" or "distributor" in its name or advertising./.
Amend title to conform.
Senators STILWELL and CARMICHAEL proposed the following amendment (436\12583.DW), which was adopted:
Amend the bill, as and if amended, Section 39-5-355, as contained in SECTION 1, page 1, line 35, by striking /"/ and inserting:
/(C) The provisions of this section do not apply to a business which is licensed both as a retailer and a wholesaler."/
Amend title to conform.
Senator STILWELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LAND proposed the following amendment (BR1\2868.JM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-71-190 of the 1976 Code is amended to read:
"Section 38-71-190. (A) Any policy or contract of accident and health insurance issued in this State may include provision for subrogation by the insurer to the insured's right of recovery against a liable third party for not more than the amount of insurance benefits that the insurer has paid previously in relation to the insured's injury by the liable third party. If the Commissioner, upon being petitioned by the insured, determines that the exercise of subrogation by an insurer is inequitable and commits an injustice to the insured, subrogation is not allowed. Attorneys' fees and costs must be paid by the insurer from the amounts recovered.
(B) Employers who are wholly or partially self-insured for accident or health coverage, whether or not they have engaged a third party administrator to administer a self-insurance plan, have the same rights and responsibilities as do accident and health insurers under subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Labor, Commerce and Industry.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.
On motion of Senator LEVENTIS, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".
Senator PEELER explained the Bill.
On motion of Senator PEELER, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.
(By prior motion of Senator HINSON, with unanimous consent)
On motion of Senator HINSON, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LOURIE, with unanimous consent)
H. 4889 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator PEELER, with unanimous consent, the Resolution was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4892 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.
On motion of Senator SALEEBY, with unanimous consent, the Resolution was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4698 -- Rep. Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.
Senator STILWELL explained the Bill.
On motion of Senator STILWELL, with unanimous consent, the Bill was ordered to receive a third reading on Thursday, June 4, 1992.
H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.
Senator POPE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (EDUC\4390.01) was adopted as follows:
Amend the bill, as and if amended, by striking on page one, lines 34 through 37 in their entirety and inserting therein the following: /in the district, the board shall consider non-school records, the student's disciplinary record in any school in which the student was previously enrolled as these records relate to the/.
Amend title to conform.
Senator POPE explained the amendment.
Senator GILBERT proposed the following amendment (EDUC\4390.02), which was adopted:
Amend the bill, as and if amended, by inserting on page one in line 33 after the words /necessary for/ the following: /first time/.
Amend title to conform.
Senator BRYAN proposed the following amendment (EDUC/4390.04):
Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:
/SECTION 1. Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-15. A board of trustees may refuse to enroll a student in its schools if that student has previously been expelled from another school district or expulsion proceedings have been initiated in another school district pursuant to the terms of Section 59-63-210. In the event a board exercises its right to deny enrollment to a student, notice of such denial of enrollment shall be given to the parent or guardian of the student and the student shall be entitled to a hearing and all other procedural rights afforded under state law to students subject to expulsion. The bar to enrollment allowed by this section applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment and shall be enrolled if the student otherwise meets enrollment criteria."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
On motion of Senator BRYAN, the Bill was carried over.
H. 4877 -- Reps. Phillips and McCraw: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PEELER proposed the following amendment (CYY\19301.SD), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Notwithstanding any other provision of law, beginning with the 1992 election, the Board of Trustees of Cherokee County School District 1 consists of nine members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the nine members elected in 1992, five shall serve for initial terms of four years each and four shall serve for initial terms of two years each, the initial term of each member to be determined by lot at the first meeting of the board following the 1992 election. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
Except for those present members of the board who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
(B) In addition to the nine members of the board elected from single-member election districts as provided for in subsection (A), the present members of the board elected from the school district at large whose terms expire in 1994 shall continue to serve on the board until the 1994 election at which time these at-large seats shall be eliminated. Nothing herein prevents a present member of the board elected from the school district at large from offering as a candidate in 1992 for election from the particular election district in which he resides. If such a present member offers for election and is elected from that district, his term as an at-large member expires upon his taking office in 1992 rather than in 1994. If such a present member offers for election and is not elected from that district, he, nevertheless, shall continue to serve as an at-large member until 1994 as provided in this subsection.
SECTION 2. The nine defined single-member election districts from which members of the board of trustees of Cherokee County School District 1 must be elected are as follows:
"DISTRICT 1
Area Population
Cherokee County
ASHWORTH 873
BUTLER
Tract 9701.00
Blocks: 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 309, 310, 311, 312, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 347, 348 448
EZELLS
Tract 9701.00
Blocks: 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 196, 197, 206, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 259, 261, 263, 264 817
GRASSY POND 1,445
MACEDONIA
Tract 9701.00
Blocks: 301, 302, 331, 332, 335, 336, 337, 338, 339 64
Tract 9702.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413C, 413D, 414, 415B, 416B, 417B, 417C, 418, 419, 420, 421, 422 313
PLEASANT GROVE
Tract 9702.00
Blocks: 206, 207, 208, 209, 210, 211, 212, 213, 221, 222, 223, 224, 225, 276 446
WOODS 402
DISTRICT TOTAL 4,808
DISTRICT 2
Area Population
Cherokee County
ALMA MILL
Tract 9703.00
Blocks: 418, 420B, 423, 432, 433 160
GAFFNEY WARD 2
Tract 9703.00
Blocks: 201, 202, 203A, 203B, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 226, 227, 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 340, 341, 342, 349, 350, 351, 352, 353, 419A, 419B, 420A, 420C, 421, 422, 434B 2,001
GAFFNEY WARD 4
Tract 9702.00
Blocks: 413A, 417A, 602A, 602B, 602C, 608, 708, 709, 721, 722, 731 511
Tract 9703.00
Blocks: 110A, 110B, 111A, 112A, 113A, 113B, 116A, 125A, 125B, 133A, 134, 135, 138 215
GAFFNEY WARD 6
Tract 9702.00
Blocks: 606A, 607, 633A, 634 158
LIMESTONE
Tract 9703.00
Blocks: 424, 427, 428, 429, 430, 431, 434A, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444 574
MACEDONIA
Tract 9703.00
Blocks: 101, 102, 103C, 104B, 106B, 107B, 110C, 111B, 112B 192
MUSGROVE MILL
Tract 9702.00
Blocks: 606B, 633B 0
Tract 9703.00
Blocks: 133B 0
PLEASANT MEADOWS
Tract 9702.00
Blocks: 413B, 415A, 416A 3
Tract 9703.00
Blocks: 103A, 103B, 104A, 105, 106A, 107A, 108, 109, 127, 128, 129, 130, 131, 132, 204, 205, 206, 207, 208, 209, 214, 215, 224 830
DISTRICT TOTAL 4,644
DISTRICT 3
Area Population
Cherokee County
ANTIOCH 693
BLACKSBURG WARD 1
Tract 9704.00
Blocks: 401, 402, 403, 404A, 404B, 405, 406, 407, 408A, 408B, 409, 410, 411A, 411B, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 424C, 425A, 425B, 426A, 426B, 427A, 427B, 428, 429, 430A, 430B, 431, 433, 436A, 436B, 740, 741, 742, 744, 745, 746, 748, 749, 750, 751, 752, 753 778
BLACKSBURG WARD 2 452
BLACKSBURG WARD 3 797
BUFFALO
Tract 9704.00
Blocks: 104, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 123, 124, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197, 258, 269, 270, 271, 272 822
HOLLY GROVE 622
KINGS CREEK 610
DISTRICT TOTAL 4,774
DISTRICT 4
Area Population
Cherokee County
ALMA MILL
Tract 9705.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 620, 624, 625, 626, 627, 628, 629, 684, 685 163
BLACKSBURG WARD 1
Tract 9704.00
Blocks: 432, 434, 435, 601, 602, 603, 604, 611, 612, 613, 614, 615, 616, 747 163
BLACKSBURG WARD 4 1,193
CHEROKEE FALLS 890
DRAYTONVILLE
Tract 9705.00
Blocks: 404, 612B, 618, 619, 621, 622, 623, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 717, 751, 752, 753, 754, 755, 756, 757, 770, 771, 772, 773, 774, 775, 796 1,252
Tract 9706.00
Blocks: 501, 607, 608, 609, 610, 611, 612, 613, 614, 615 172
METCALF 535
NINETY NINE 462
DISTRICT TOTAL 4,830
DISTRICT 5
Area Population
Cherokee County
CENTRAL
Tract 9702.00
Blocks: 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775 262
Tract 9706.00
Blocks: 103, 104, 105, 106, 107, 108, 109, 125, 126, 127, 128, 129, 130 255
GAFFNEY WARD 1
Tract 9705.00
Blocks: 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112 286
GAFFNEY WARD 2
Tract 9703.00
Blocks: 307, 308, 309, 310, 333, 334, 335, 336, 337, 338, 339, 343, 344, 345, 346, 347, 348 229
GAFFNEY WARD 3
Tract 9702.00
Blocks: 714, 715, 716, 743, 744, 752, 753 9
GAFFNEY WARD 4
Tract 9702.00
Blocks: 603, 604, 605, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 703, 704, 705, 706, 707, 710, 711, 712, 713, 717, 718, 719, 720, 723, 724, 725, 726, 727, 728, 729, 730, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763 544
Tract 9706.00
Blocks: 101, 102, 113, 114 31
GAFFNEY WARD 5
Tract 9706.00
Blocks: 110, 111, 112, 116, 117, 118, 119, 120, 121, 122, 123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 158, 159 470
GAFFNEY WARD 6
Tract 9702.00
Blocks: 501A, 541, 542, 543, 544, 545, 546, 547, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 409
Tract 9706.00
Blocks: 115, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 301A, 301B, 302A, 303A, 309A, 310, 311, 312, 313, 315, 316, 317, 319, 320, 321, 322A, 328, 329A, 330, 331, 332, 333, 334, 335, 336A, 337A, 405A, 409A, 410, 411A, 411B, 412, 413A, 413B, 414A, 458A, 458B, 458C, 459A 1,479
MUSGROVE MILL
Tract 9702.00
Blocks: 501B, 502, 528, 529, 530, 531, 532, 533, 534, 535, 536, 538 117
Tract 9706.00
Blocks: 301C, 302B, 303B, 304, 305, 306, 307, 308, 309B, 314, 318, 322B, 323, 324, 329B, 336B, 337B, 338, 339, 340, 341, 402C, 403B, 404B, 405B, 406, 411C, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 458D, 459B, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478 994
PLEASANT MEADOWS
Tract 9702.00
Blocks: 601 0
Tract 9703.00
Blocks: 223, 225 308
DISTRICT TOTAL 5,393
DISTRICT 6
Area Population
Cherokee County
ALMA MILL
Tract 9703.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 601, 602, 603, 604, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747 1,411
Tract 9705.00
Blocks: 501, 502, 503, 504, 505, 545, 548, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 611, 612A, 613, 614, 615, 616 345
GAFFNEY WARD 1
Tract 9705.00
Blocks: 107B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 201B, 202, 203B, 204, 205, 206, 207, 208, 209, 210, 218, 219, 301, 515B, 522B, 523B, 527B, 528B, 535B, 674A 875
LIMESTONE
Tract 9703.00
Blocks: 425, 426, 445, 446, 447, 448, 449, 450, 451, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 605, 606 796
Tract 9705.00
Blocks: 107A, 127A, 201A, 203A, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 516, 517, 518, 519, 520, 521, 522A, 523A, 524, 525, 526, 527A, 528A, 529, 530, 531, 532, 533, 534, 535A, 536, 537, 538, 539, 540, 541, 542, 543, 544, 546, 547, 549 605
PLEASANT GROVE
Tract 9702.00
Blocks: 220, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275 810
DISTRICT TOTAL 4,842
DISTRICT 7
Area Population
Cherokee County
BROWNS MILL 395
GAFFNEY WARD 4
Tract 9703.00
Blocks: 115A, 117, 118, 119, 120A, 123A, 124, 126, 136, 137, 139, 140, 141 660
GOUCHER 646
MACEDONIA
Tract 9701.00
Blocks: 303, 304, 305, 306, 307, 308, 324, 325, 326, 327, 328, 329, 330, 333, 334, 340, 341, 342, 343, 344, 345, 346, 349, 401, 402, 403, 404A, 405, 408, 411, 420, 421, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 437, 438, 439, 440 705
Tract 9703.00
Blocks: 115B 0
MUSGROVE MILL
Tract 9702.00
Blocks: 423, 424, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 537, 539, 540 572
Tract 9703.00
Blocks: 112C, 113C, 114, 115C, 115D, 116B, 120B, 121, 122, 123B 173
RAVENA 325
THICKETTY 484
WHITE PLAINS 834
DISTRICT TOTAL 4,794
DISTRICT 8
Area Population
Cherokee County
ALMA MILL
Tract 9705.00
Blocks: 304B, 307B, 318B, 617B, 673, 674B, 675, 676, 677, 681, 682A, 682B, 682C, 683 624
CENTRAL
Tract 9706.00
Blocks: 131, 201, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223A, 224, 225, 226, 227, 401A 634
DRAYTONVILLE
Tract 9705.00
Blocks: 403B, 405B, 405C, 406, 434, 641, 642, 643, 649, 650 540
GAFFNEY WARD 1
Tract 9705.00
Blocks: 211, 212, 213, 214, 215, 216, 217, 220, 221, 222, 223, 304A, 306 583
GAFFNEY WARD 3
Tract 9702.00
Blocks: 745, 746, 747, 748, 749, 750, 751 145
Tract 9705.00
Blocks: 224, 302, 303, 305, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 401, 402, 403A, 405A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 435, 436, 437, 617A, 678, 679, 680 1,751
GAFFNEY WARD 5
Tract 9706.00
Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 222 277
GAFFNEY WARD 6
Tract 9706.00
Blocks: 325, 326, 327, 402A, 403A, 404A 33
MUSGROVE MILL
Tract 9706.00
Blocks: 223B, 401B, 402B, 407 135
DISTRICT TOTAL 4,722
DISTRICT 9
Area Population
Cherokee County
ALLENS 1,565
DRAYTONVILLE
Tract 9705.00
Blocks: 644, 645, 646, 647, 648, 671, 672, 761, 763, 764, 765, 766, 767, 768, 769 480
LITTLEJOHNS 250
MUSGROVE MILL
Tract 9706.00
Blocks: 408, 409B, 455, 456, 457, 460, 461, 462, 463, 464 402
SARRATTS 205
TIMBER RIDGE 1,077
WILKINSVILLE 389
DISTRICT TOTAL 4,368"
SECTION 3. If a member of the Board of Trustees of Cherokee County School District 1 beginning with the 1992 election moves his residence from the election district from which he was elected, his office becomes vacant automatically.
SECTION 4. Section 28, Part II of Act 685 of 1967, Act 734 of 1978, and Act 275 of 1989 are repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and, by previous unanimous consent by Senator PEELER, ordered to a third reading on Thursday, June 4, 1992.
H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators SALEEBY and MACAULAY proposed the following Amendment No. 1 (DKA\3993.AL):
Amend the bill, as and if amended, Section 56-9-60, SECTION 1, by deleting items (4) and (5) and inserting:
/(4) the applicant must have a net worth of a least twenty million dollars or the department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate. Eighty percent must be cash and the remaining twenty percent may be satisfied by the `quick sale' appraised value of real estate located in the State, as certified by a licensed appraiser. The three thousand dollar a vehicle amount may not decrease more than thirty percent in any given certificate year./
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator LEVENTIS spoke on the amendment.
On motion of Senator GIESE, the Bill was carried over.
H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The question being the adoption of the amendment previously proposed by Senator BRYAN.
On motion of Senator BRYAN, the amendment was withdrawn.
On motion of Senator PATTERSON, the Bill was read the second time.
On motion of Senator PATTERSON, with unanimous consent, H. 4390 was ordered to a third reading on Thursday, June 4, 1992.
H. 4746 -- Reps. Rhoad, Koon, Nettles, Neilson, Baxley, Jennings, Boan, Farr, Waldrop, M. Martin and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA FORESTRY COMMISSION TO ESTABLISH A FIELD TRIAL AREA IN CHESTERFIELD COUNTY ON SAND HILLS STATE FOREST.
Senator SALEEBY asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1317 -- Senator Matthews: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
On motion of Senator MATTHEWS, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
There was no objection.
H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JIC\5721.HC) previously proposed by Senator MACAULAY on February 25, 1992.
On motion of Senator MACAULAY, Amendment No. 1 was carried over.
On motion of Senator MOORE, with unanimous consent, Amendment No. 5 (JIC\6679.HC) proposed by Senator MOORE, was taken up for immediate consideration:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ___. Chapter 43, Title 12 of the 1976 Code is amended by adding:
Section 12-43-510. (A) As used in this article:
(1) `Board' or `board of appeal' means the board for each county established to hear appeals of taxpayers concerning the valuation, assessment, and taxation of their property.
(2) `Assessor' means the county officer or official charged with the duty to assess or value, or both assess and value, real property.
(3) `Taxpayer' means the person instituting the appeal.
(4) `Panel' means a group of three members of the board of appeal.
(B) Each county shall have a board of appeal consisting of from seven to twelve members elected by the governing body of the county. Members shall serve for terms of four years and until their successors are elected and qualify except that of those first elected, the council shall provide for staggered terms. The board shall elect a chairman who may call meetings or hearings for the purpose of hearing appeals from the assessor's office. When in the judgment of the chairman there is a need for additional hearings, he may name panels to hear appeals. The chairman may call hearings for the board or panels as often as he considers necessary. The chairman shall appoint panel chairmen who shall serve at his pleasure. A panel has the same authority as the full board.
(C) If the board does not schedule a hearing within one and one-half years of the appeal, then the taxpayer's value is the taxable value contended by the taxpayer for the tax year in question. This rule does not apply if the taxpayer requests a hearing be delayed or rescheduled.
(D) The county shall pay board members mileage at the same rate as other county employees and an amount to attend board or panel meetings of at least fifty dollars a meeting. This subsection does not prohibit the county from paying a greater amount for attending.
(E) If all of the following conditions are met:
(1) a taxpayer has made an appeal to a board;
(2) the hearing of the board is not held until after one or more subsequent assessment dates for the property;
(3) no event has occurred between the date of the assessment being appealed and the date of the hearing which would change the assessment of the property, such as improvements to the property, destruction of part of the property by fire, storm, etc.; and
(4) the person responsible for paying the taxes has not changed between the date of the assessment being appealed and the date of the hearing;
then the appeal will be automatically extended to cover those subsequent assessment dates before the hearing.
(F) The term `board' as used in current property tax regulations is considered to mean `board' or `panel', or both, as appropriate.
Section 12-43-520. (A) A taxpayer or the assessor may appeal from the finding of the board upon written notice to the chairman of the commission within twenty days from the date of the board's finding. The grounds for the appeal must be filed with the board. The board, upon receipt of the notice of appeal, shall deliver a copy of the notice to the assessor or the owner.
(B) Not more than thirty days after receipt of the notice of appeal, the board shall deliver to the commission, the assessor, and the taxpayer a certified copy of the proceedings before that board together with the transcript of testimony and exhibits offered to the board. The records must be sent in the following order:
(1) the board's order;
(2) the transcript of the individual hearing before the board;
(3) the assessor's documents submitted to the board as evidence. Each document must be marked sequentially as assessor's Exhibit Number 1, et seq. Identification must occur at the time a document is introduced at the hearing;
(4) the taxpayer's documents submitted to the board as evidence marked in the same manner as the assessor's; and
(5) the taxpayer's appeal letter to the board.
On receipt, the commission shall schedule a hearing on the appeal. No issue or matter may be considered by the commission that was not first presented to the board. All grounds or exceptions must be set out in the notice of appeal to the commission.
(C) The taxpayer or his representative and the assessor or his designee shall attend the hearing and offer argument in support of their respective positions. The board, by representation or otherwise, may attend the hearing and offer argument in support of its findings. The commission shall, after considering the argument, record, and evidence, issue a written finding. Copies must be transmitted to the taxpayer, the board, the assessor, and the county auditor. The finding to the county auditor is the order for entry upon the assessment rolls or tax duplicate of the county.
(D) Nothing in this section may be construed to prohibit a property owner the right to petition the commission for relief on a matter over which the commission exercises original jurisdiction."
SECTION ___. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-120. The taxpayer aggrieved by the valuation of personal property required to be licensed or registered with an agency or department of the State may appeal the valuation. For purposes of the appeal the tax notice is the notice of appraisal and assessment. The appeal must be in writing to the county auditor and mailed or given to the auditor by the due date of the taxes. Upon receipt of the appeal the county auditor shall mail the taxpayer an appeal form which must be completed and returned to the auditor within twenty days of mailing. The form must be approved by the commission before being used by the county.
The information requested on the form must be provided. A failure to do so constitutes an abandonment of the appeal. Upon receipt of the information the county auditor shall review it and take the necessary action to reflect the market value of the properties. The county auditor shall notify the taxpayer of the action within twenty days after receipt of the completed appeal form. If the taxpayer is still aggrieved by the decision of the county auditor, he may appeal to the commission by filing a written notice of appeal with the chairman of the commission within twenty days of the auditor's actions. A copy of the notice must be forwarded to the county auditor, and shall contain all the grounds and reasons for the appeal. Grounds that are not published or contained in the notice of appeal may not be considered by the commission in hearing the appeal. The commission shall then set a date for a hearing. The county auditor or his representative must be present at the hearing. The commission shall hear the appeal upon the record and also may accept and consider new and additional evidence. The commission shall make its decision upon the record before it.
However, a taxpayer aggrieved by the valuation of personal property, other than that required to be licensed or registered with an agency or department of the State, that was determined by the county auditor may appeal to the commission. The appeal must be in writing and mailed or given to the chairman of the commission within twenty days of the tax notice. The notice of appeal shall contain all grounds for the appeal. Grounds that are not published or contained in the notice of appeal may not be considered by the commission in hearing the appeal. The notice of appeal shall further contain the valuation and assessment which the owner considers the fair market value and assessment of the property. The commission shall then set a date for a hearing. The county auditor or his representative must be present at the hearing. The commission shall hear the appeal upon the record and may also accept and consider new and additional evidence. The commission shall make its decision upon the record before it."
SECTION ___. Section 12-37-90 of the 1976 Code is amended by adding:
"(i) keep an appeals log book with the following information:
(1) name of owner and date of appeal;
(2) tax map identification number of the parcel appealed;
(3) basis of the appeal;
(4) value and assessment before appeal;
(5) value and assessment after appeal;
(6) basis of changes and the name of the appraiser who made the change; and
(7) the appeal results if appealed to the local board.
(j) have in his care and responsibility tax maps, aerial photography, overlays, updates, and all other related matters of tax mapping."
SECTION ___. (A) Section 17(A) of Act 168 of 1991 is amended to read:
"(A) A corporation which acquires eight or more existing textile manufacturing facilities in South Carolina which employed at the time of acquisition a total of three thousand five hundred or more employees located in a county of this State may receive the five-year abatement pursuant to Section 12-37-220A(7) of the 1976 Code from the time of acquisition. For purposes of this item `acquisition' means asset transactions which are arms-length and include new capital. For purposes of this section `corporation' means a single corporation or an `affiliated group' of corporations, as defined in Section 1504 of the Internal Revenue Code of 1986, as amended, which may acquire such facilities pursuant to a single transaction. This section also applies to wholly-owned subsidiaries of the corporation which may have acquired any of the eight textile manufacturing facilities from the corporation in a tax free transaction pursuant to Section 351 of the Internal Revenue Code of 1986, as amended."
(B) This section is effective with respect to acquisitions after April 30, 1988.
SECTION ___. Section 12-36-110(1)(g) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(g) sales of tangible personal property food products, other than cigarettes and soft drinks in closed containers, to vendors who sell the property through vending machines. The vendors of food products other than soft drinks in closed containers are deemed to be the users or consumers of the property products;"
SECTION ___. (A) Chapter 10, Title 4 of the 1976 Code is amended by adding:
"Section 4-10-110. Funds collected by the commission from the local option sales tax which are not identified as to the governmental unit due the tax, after a reasonable effort by the commission to determine the appropriate governmental unit, must be deposited to a local option supplemental revenue fund. These funds must be distributed quarterly to the governmental units imposing the tax on the basis of distribution in each unit."
(B) Notwithstanding the distribution provisions of Section 4-10-110 of the 1976 Code, the first three hundred seventy-five thousand dollars distributed pursuant to that section must be deposited in the Local Government Fund established pursuant to Chapter 27 of Title 6 in lieu of the requirements of Section 3 of Act 317 of 1990. The revenue deposited by this section to the Local Government Fund must be made on an equal basis between county and municipal governments.
SECTION ___. Notwithstanding the provisions of Section 4-10-60 of the 1976 Code, for the purpose of distribution only, the State Treasurer shall distribute all revenue credited to the Property Tax Credit Fund and the County/Municipal Revenue Fund from the date of imposition of the tax through deposits made by June 30, 1992. For purposes of all revenue deposited and distributed after June 30, 1992, the provisions of Section 4-10-60 of the 1976 Code apply.
SECTION ___. Section 12-4-720(A)(1) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"(1) Except as otherwise provided in items (2) and (3) of this subsection, any tax-exempt property owner or property owner whose property may qualify for property exemption shall file an application for exemption with the commission between January first and April fifteenth thirtieth of the first year for which the exemption is claimed."
SECTION ___. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-345. For the purpose of assessing property of manufacturers as the same is used in Section 12-4-540(A)(1) and (10), the commission shall follow the classifications set out in Division B and Division D of the Standard Industrial Classification Manual, 1987 Edition. However, establishments publishing newspapers, books, and periodicals which do not have facilities for printing or which do not actually print their publications may not be classified as manufacturers, notwithstanding the provisions of Division D Major Group 27 relating to printing, publishing, and allied industries."
SECTION ___. Section 12-4-540(A) of the 1976 Code is amended by adding at the end:
"In the case of distribution facilities, the commission shall assess only those facilities containing more than one hundred thousand square feet or those which qualify for the exemption allowed pursuant to Section 12-37-220B(32)."
Amend further, as and if amended, by adding an appropriately numbered section to read:
SECTION ___. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1518. An employee who has attained the age of seventy years who is otherwise eligible to retire under a retirement system established by this title other than the system in which he currently participates may receive his full service retirement benefits from the other system."
SECTION ___. Section 9-1-1537 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator MACAULAY proposed the following Amendment No. 1 (JIC\5721.HC):
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-510 and Article 11 of Chapter 35 of Title 12 Section 12-36-2110 are exempt from the local sales and use tax. Food items which may be purchased lawfully with United States Department of Agriculture food stamps are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY argued in favor of the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courtney
Hayes, R.W. Helmly Hinds
Land McGill Moore
Mullinax Passailaigue Pope
Saleeby Shealy Smith, N.W.
Stilwell Washington Williams
Carmichael Courson Fielding
Giese Hinson Leventis
Lourie Macaulay Martschink
Matthews McConnell O'Dell
Patterson Peeler Reese
Rose Russell Thomas
Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator BRYAN objected to further consideration of the Bill.
H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 4854 -- Reps. L. Martin, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA TO BRING AN APPROPRIATE LEGAL ACTION IN FEDERAL COURT TO HAVE THE PROVISIONS OF THE FEDERAL HIGHWAY BEAUTIFICATION ACT WHICH REQUIRE NONCONFORMING OUTDOOR ADVERTISING SIGNS TO BE REMOVED DECLARED UNCONSTITUTIONAL.
On motion of Senator MOORE, the Concurrent Resolution was carried over.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Senator MOORE asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.
Senator CORK objected.
Senator MOORE raised a Point of Order that the objection was out of order inasmuch as the Senator was not in her seat.
The PRESIDENT sustained the Point of Order.
The question then was the unanimous consent request by Senator MOORE to place the Bill in the status of Adjourned Debate.
Senator CORK objected.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
Senator McCONNELL spoke on the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Senator MOORE moved to place the Bill in the status of Adjourned Debate.
Senator CORK moved to table the motion.
Senator LEVENTIS was recognized.
Senator MOORE raised a Point of Order that the motion to table was a nondebatable motion.
The PRESIDENT sustained the Point of Order.
The question then was the motion to table.
The Senate refused to table the motion.
The question then was the motion to place the Bill in the status of Adjourned Debate.
Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion was debatable.
The PRESIDENT stated that the motion is not debatable.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Drummond Fielding Giese
Hayes, R.W. Hinds Hinson
Holland Leatherman Lourie
Macaulay Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
Cork Leventis Passailaigue
The Bill, H. 4571, was placed in the status of Adjourned Debate.
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
Senator PATTERSON rose to a Point of Personal Privilege.
Senator SHEALY rose to a Point of Personal Privilege.
H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.
Having voted on the prevailing side, Senator McGILL moved to reconsider the vote whereby the Bill was read the third time.
Senator MACAULAY was recognized.
Senator FIELDING raised a Point of Order that the motion was nondebatable.
The PRESIDENT overruled the Point of Order.
Senator MACAULAY spoke on the motion.
Senator LAND asked unanimous consent to make a motion that the Senate stand adjourned.
Senator COURSON objected.
Senator MACAULAY spoke on the motion.
At 4:00 P.M., Senator SETZLER requested and was granted a leave of absence for the balance of the day to attend his daughter's graduation.
At 4:05 P.M., Senator MULLINAX assumed the Chair.
At 4:07 P.M., Senator ROBERT W. HAYES, JR. asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that the House be invited to ratify acts at 4:15 P.M.
Senator McCONNELL objected.
At 4:45 P.M., Senator GILBERT requested and was granted a leave of absence for the balance of the day.
Senator MACAULAY spoke on the motion.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator MACAULAY spoke on the motion.
At 4:50 P.M., the PRESIDENT assumed the Chair.
Senator MACAULAY moved that the Senate stand adjourned.
Senator LEVENTIS asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that when the Senate goes into Executive Session that it be for the consideration of statewide and local appointments and, upon lifting the veil, adjourn.
Senator REESE objected.
Senator LEVENTIS asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that when the Senate goes into Executive Session that it be for the consideration of statewide and local appointments and, upon lifting the veil, adjourn.
Senator SHEALY objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Fielding
Gilbert Holland Land
Lourie Macaulay Matthews
McConnell McGill Mitchell
Moore Patterson Smith, N.W.
Washington Williams
Cork Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Hinson Leatherman
Leventis Martschink Mullinax
O'Dell Passailaigue Peeler
Pope Reese Rose
Russell Saleeby Shealy
Smith, J.V. Stilwell Thomas
Wilson
The Senate refused to adjourn.
Senator LEATHERMAN spoke on the motion.
Senator LEATHERMAN moved to carry over the Bill.
Senator McCONNELL moved to table the motion.
Senator MATTHEWS made a Parliamentary Inquiry as to whether or not the Bill, having received third reading, was in the possession of the body.
The PRESIDENT stated that the Bill was in the possession of the body.
Senator MATTHEWS was recognized.
Senator THOMAS raised a Point of Order that the motion to table the motion to carry over was nondebatable.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hinds
Hinson Holland Land
Leventis Macaulay Matthews
McConnell McGill Mitchell
Passailaigue Patterson Rose
Smith, N.W. Washington Williams
Carmichael Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Leatherman
Martschink Moore Mullinax
O'Dell Peeler Pope
Reese Russell Saleeby
Shealy Stilwell Thomas
Wilson
The Senate refused to table the motion to carry over. The question then was the motion to carry over the Bill.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The question being the third reading of the Bill.
Senator MOORE proposed the following Amendment No. 1 (436\12611.AC), which was adopted:
Amend the bill, as and if amended, by deleting Section 1-23-115(A) and inserting:
/(A) Upon written request by two members of the General Assembly, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article./
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE proposed the following Amendment No. 2 (BR1\2921.HB), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 23, by deleting after the word /impact/ the following: /in excess of one hundred thousand dollars/.
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
Senator SETZLER desired to be recorded as voting in favor of the third reading of the Bill.
Senator LEATHERMAN moved to dispense with the remainder of the Motion Period.
At 5:25 P.M., Senator McCONNELL moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Fielding
Helmly Hinds Hinson
Holland Land Macaulay
Matthews McConnell McGill
Mitchell Moore Patterson
Reese Saleeby Smith, N.W.
Washington Williams
Cork Courson Courtney
Drummond Giese Hayes, R.W.
Leatherman Leventis Martschink
Mullinax Peeler Pope
Rose Russell Shealy
Stilwell Thomas Wilson
I was not present on the roll call to adjourn because I was discussing a technical change in the Appropriation Act on the proviso dealing with withholding on non-resident partners and shareholders of "S" corporations and partnerships. The Conference Committee made an error dealing with the partnership compliance date. This required correcting before the budget bill was finalized by the conferees.
When I left the Chamber temporarily, the Senate was debating a motion dealing with the reconsideration of third reading of an insurance bill (H.3990). I had just voted not to adjourn and had I been present for this roll call, I would have voted again not to adjourn. I wanted this to be part of the permanent record, even though my vote would not have changed the outcome of the motion to adjourn.
On motion of Senator REESE, the seal of secrecy was removed and the Senate stood adjourned.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect for the dedicated service of the following members of the Senate who are not offering for re-election:
Senator JOHN MARTIN
Senator ISADORE LOURIE
Senator RYAN SHEALY
Senator NELL W. SMITH
Senator HERBERT FIELDING
Senator J.M. LONG
Senator THOMAS POPE
Senator SHERRY MARTSCHINK
Senator FRANK GILBERT
Senator ROBERT HELMLY
Senator DOUGLAS HINDS
At 7:00 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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