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, particularly appropriate for these days is the "Prayer for The United States of America" by President George Washington himself.
Let us pray.
"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility, and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ our Lord."
Amen.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MITCHELL rose to a Point of Personal Interest.
Senator STILWELL introduced Dr. Woodrow Long of Greenville, South Carolina, Doctor of the Day.
At 11:15 A.M., Senator DRUMMOND requested a leave of absence for Thursday, February 18, 1993.
On motion of Senator J. VERNE SMITH, with unanimous consent, the members of a subcommittee on the topic of video poker were granted leave to attend a public hearing tomorrow while the Senate was in session and be counted in any quorum calls.
On motion of Senator McCONNELL, with unanimous consent, it was the Sense of the Senate that any amendments to the provisions of Rule 45.1 and the adoption of Rule 45.1 would be subject to adoption by a majority vote through adjournment on Thursday, February 25, 1993.
S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.
On motion of Senator SALEEBY, with unanimous consent, it was the Sense of the Senate that any amendments to S. 264 and the adoption of S. 264 would be subject to adoption by a majority vote through adjournment on Thursday, February 25, 1993.
H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (3425R002.EES), which was adopted:
Amend the bill, as and if amended, by adding the following on line 38 of page 1, after /offense./:
/Any insured whose automobile insurance premium has increased as a result of a first offense violation of such ordinance is entitled to a credit for this increase against renewal premiums due, upon providing written notice of such increase to his insurer./
Amend the bill further, as and if amended, page 2, by striking SECTION 2 in its entirety.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SALEEBY, H. 3425 was ordered to receive a third reading on Thursday, February 18, 1993.
The following were introduced:
S. 429 -- Senators Passailaigue, McConnell, Washington, Greg Smith, Rose, Richter and Ford: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM SAUNDERS, PRESIDENT AND GENERAL MANAGER OF WPAL IN CHARLESTON, SOUTH CAROLINA, FOR BEING INDUCTED INTO THE SOUTH CAROLINA BROADCASTER'S ASSOCIATION HALL OF FAME.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 430 -- Senators Mitchell, Matthews, Patterson, Washington, Ford, Glover, Jackson and Lander: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 31 SO AS TO CREATE THE STATE COMMISSION FOR MINORITY AFFAIRS AND TO PROVIDE FOR ITS FUNCTIONS, POWERS, AND DUTIES.
Read the first time and referred to the Committee on Finance.
S. 431 -- Senators Washington, Matthews, Patterson, Ford, Land, Mitchell and Jackson: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 31 SO AS TO CREATE A STATE COMMISSION FOR MINORITY AFFAIRS AND TO PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS.
Read the first time and referred to the Committee on Judiciary.
S. 432 -- Senator Richter: A BILL TO AMEND ITEM 11(a) OF SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS, SO AS TO PROVIDE THAT THE FEE FOR FILING A FIRST COMPLAINT OR PETITION SHALL BE SIXTY DOLLARS.
Read the first time and referred to the Committee on Judiciary.
S. 433 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 4 SO AS TO AUTHORIZE THE ESTABLISHMENT OF COUNTY CIVIL SERVICE COMMISSIONS FOR THE PURPOSE OF EMPLOYING, PROMOTING, AND DISCHARGING DEPUTY SHERIFFS OF THE COUNTY AND OTHER EMPLOYEES OF THE SHERIFF'S DEPARTMENT AND TO PROVIDE CERTAIN STANDARDS OF CONDUCT FOR DEPUTY SHERIFFS; BY ADDING SECTION 23-13-13 SO AS TO PROVIDE THAT WHERE A COUNTY ELECTS TO ESTABLISH A COUNTY CIVIL SERVICE COMMISSION THE SHERIFF IS NOT ANSWERABLE OR LIABLE FOR THE NEGLECT OF DUTIES OR MISCONDUCT IN OFFICE OF THOSE DEPUTIES OF HIS DEPARTMENT HE DOES NOT APPOINT; AND TO MAKE THESE PROVISIONS EFFECTIVE UPON THE APPROVAL BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE COUNTY GOVERNING BODY.
Read the first time and referred to the Committee on Judiciary.
S. 434 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1595 SO AS TO PROVIDE FOR THE MAXIMUM SPACE ALLOCATION FOR GOVERNMENTAL BODIES ENTERING INTO NEW LEASES AND FOR EXCEPTIONS; TO AMEND SECTION 11-35-1510, RELATING TO METHODS OF SOURCE SELECTION UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE A REFERENCE TO SECTION 11-35-1595; AND TO AMEND SECTION 11-35-1590, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO REVISE THE REQUIREMENTS OF A GOVERNMENTAL BODY WHEN IT NEEDS TO ACQUIRE REAL PROPERTY FOR ITS OPERATIONS WHEN STATE-OWNED PROPERTY IS NOT AVAILABLE, AND TO PROVIDE FOR REGULATIONS OF THE BUDGET AND CONTROL BOARD CONCERNING PROCEDURES FOR COMPETITIVE PROPOSALS TO ENSURE THE MOST COST-EFFECTIVE PROCUREMENT OF LEASED SPACE.
Read the first time and referred to the Committee on Judiciary.
S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO REMOVE THE EXCEPTION FROM DAY CARE CENTERS WHICH ALLOWED SMOKING IN ENCLOSED PRIVATE OFFICES AND TEACHER LOUNGES.
Read the first time and referred to the Committee on Medical Affairs.
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
Read the first time and referred to the Committee on Transportation.
S. 437 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MEMBERS OF STATE BOARDS, COMMISSIONS, OR COMMITTEES AND THE SCHEDULE OF ALLOWABLE DEDUCTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1523, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 438 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-215(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO REQUIRE THAT EXCEPT AS PROVIDED FOR RETIRED JUDGES, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE.
Read the first time and ordered placed on the Calendar without reference.
S. 439 -- Senators Washington, Glover, Ford, Matthews and Patterson: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION AND TO VERIFY AND UPDATE CONSUMER CREDIT INFORMATION, AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
Read the first time and referred to the Committee on Judiciary.
H. 3499 -- Reps. Fulmer, Harrison, Hutson, Hallman, McElveen, Holt, Quinn, Delleney, R. Young, Harrell, Barber, Inabinett, Whipper, J. Bailey, Breeland, Gonzales, Klauber and McTeer: A CONCURRENT RESOLUTION CONGRATULATING THE CITADEL ON THE OBSERVANCE OF ITS SESQUICENTENNIAL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3181 -- Reps. Jennings, Delleney, Govan, Baxley, Tucker and Elliott: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY AND TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION.
Read the first time and referred to the Committee on Judiciary.
H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.
Read the first time and referred to the Committee on Transportation.
H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: A BILL TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.
Read the first time and referred to the General Committee.
Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1 -- Senators Richter and Rose: A BILL TO AMEND CHAPTER 21, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT PAROLE IS HEREBY ABOLISHED.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 16 -- Senators Wilson, Thomas, Ryberg, Courson, Russell and Passailaigue: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A STATE TAX BILL REPORTED OUT OF A STANDING COMMITTEE OF THE GENERAL ASSEMBLY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 49 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-170 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH TO APPLY TO THE STATE BUDGET AND CONTROL BOARD FOR FUNDS FROM STATE CAPITAL IMPROVEMENT BONDS, TO PROVIDE THE TERMS AND CONDITIONS OF THE DEPARTMENT'S CAPITAL BOND IMPROVEMENT OBLIGATIONS, TO REQUIRE BONDS ISSUED FOR THESE IMPROVEMENTS TO BE REPAID FROM THE REVENUES DERIVED FROM PAYING PATIENTS OF THE DEPARTMENT, AND TO PROVIDE FOR TERMS AND CONDITIONS OF REPAYMENT; AND TO REPEAL SECTION 3, PART II OF ACT 151 OF 1983 RELATING TO SIMILAR PROVISIONS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 79 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.
Ordered for consideration tomorrow.
Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.
Ordered for consideration tomorrow.
Senator MITCHELL from the Committee on Judiciary submitted a majority favorable, and Senator WILSON a minority unfavorable report on:
S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator MITCHELL from the Committee on Judiciary submitted a favorable report on:
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Judiciary submitted a favorable report on:
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a majority favorable with amendment, and Senator STILWELL a minority unfavorable report on:
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3289 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "CLAIMANT AGENCY" TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES WHEN THESE ORGANIZATIONS SUBMIT CLAIMS ON BEHALF OF THEIR MEMBERS; AND TO AMEND SECTION 12-54-460, AS AMENDED, RELATING TO SETOFF PROCEDURES, SO AS TO DELETE THE EXEMPTION OF INTERNAL REVENUE SERVICE CLAIMS FROM THE ADMINISTRATIVE FEE.
Ordered for consideration tomorrow.
At 11:29 A.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M.
There was no objection and a message was sent to the House accordingly.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts were ratified:
(R3) S. 240 -- Senators Setzler, Wilson, Lander and Ryberg: AN ACT TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.
(R4) S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: AN ACT TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
(R5) S. 319 -- Senator Greg Smith: AN ACT TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.
(R6) S. 379 -- Senator Martin: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
(R7) S. 380 -- Senator Martin: AN ACT TO AMEND ACT 609 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.
(R8) H. 3337 -- Rep. J. Wilder: AN ACT TO AMEND ACT 710 OF 1978, RELATING TO THE AUTHORITY OF THE TRUSTEES OF SCHOOL DISTRICT 45 IN BARNWELL COUNTY TO CHARGE STUDENT FEES, SO AS TO DELETE THE REQUIREMENT THAT THESE FEES MUST RECEIVE WRITTEN PRIOR APPROVAL OF THE COUNTY COUNCIL.
(R9) H. 3280 -- Rep. Sheheen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.
(R10) H. 3263 -- Reps. Walker, Cato, M.O. Alexander, Allison, Anderson, Baker, Beatty, Clyborne, Davenport, Fair, Haskins, Jaskwhich, Lanford, Littlejohn, Mattos, McMahand, D. Smith, Vaughn, Wilkins, Wells and D. Wilder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-2, SO AS TO PROVIDE THAT A GEOGRAPHIC COORDINATE USED TO DEFINE A POINT ON A COUNTY BOUNDARY UTILIZES THE COORDINATE SYSTEM PROVIDED IN CHAPTER 2 OF TITLE 27 AND MUST CONTROL IF PHYSICAL FEATURES ALSO ARE USED TO DESCRIBE THE LOCATION OF A POINT ARE DIFFERENT; TO AMEND SECTIONS 4-3-280 AND 4-3-480, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO REDEFINE THESE BOUNDARIES.
The PRESIDENT appointed Senators LAND, RICHTER, WALDREP and PATTERSON to escort the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court, and members of his party to the House Chamber for the Joint Assembly.
At 12:00 Noon, the Senate receded from business for the purpose of attending the Joint Assembly.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Clerk of the House read the Concurrent Resolution:
H. 3190 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 17, 1993.
The Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court, and members of his party were escorted to the rostrum by Senators LAND, RICHTER, WALDREP and PATTERSON and Reps. Harwell, Kinon, Thomas and Beatty.
The PRESIDENT introduced the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court.
Chief Justice Harwell addressed the Joint Assembly, as follows:
Mr. President, Mr. Speaker, Members of the SC General Assembly, Fellow Justices and Judges, Honored Guests and Friends.
I appreciate this opportunity to discuss with you the state of your judiciary.
My first year as chief justice has been bittersweet. With your help, we were able to obtain the financial resources desperately needed to ensure our citizens have access to our courts. However, with budget reductions, the ground we gained in obtaining adequate rotation funds, evaporated due to over enthusiastic projections of state revenues.
Because of the budget cut, the judicial branch of government was forced to discontinue the systematic rotation of our circuit and family court judges.
I am extremely pleased and very proud of how the members of the judiciary responded when they heard we would restrict rotation. Realizing that sixteen counties would be without the services of criminal or civil court and eleven counties would go without family court and knowing full well the state may not be able to compensate them as required by law, a large majority of the members of your judiciary came forward and volunteered to provide relief. This spirit speaks volumes not only about the quality and dedication of these judges, but also about the court reporters and law clerks who also offered their service to do what needed to be done. I know there are very few, if any, other state employees who are traveling at their own expense to carry on the state's business.
Our circuit judges handle more cases per judge than any other state in the southeast. They spend weeks at a time away from family. No one would blame them if they had stayed home. I'm very proud of what they have done. However, this volunteerism is like sandbagging for a flood. We cannot control the rising tide of cases without full use of every judge.
Although I am left with few options, limiting rotation funds is a poor way to try to save money. The court's inability to hold criminal court means the cost of holding prisoners in county jails goes up which drains your county budget, business can't resolve disputes which tie up capital and citizens needing the court to resolve both civil and family matters suffer intolerable delay.
I hesitate to say the obvious, but maybe I'm not saying the obvious enough to get our message heard, we are challenged with the administration of justice. We (you and I) have a responsibility to see that all people in South Carolina have an opportunity to resolve their disputes in a timely fashion. The failure to timely resolve business matters, governmental disputes, criminal cases and bad family disputes does great harm to your constituents and to the growth of our State. The disputes don't go away--they snowball and the costs go up and create chaos in all areas of our life and stifle the economic growth of our State. You and I must realize that we live in a very free, democratic and permissive society and this society is the origin of our disputes--just as you as legislators respond to the needs of society, the judicial branch must respond and our response must be to provide an appropriate forum to resolve these conflicts.
The judicial branch, whether we like it or not, remains a final arbiter for many of our societies' disputes. The legislature may pass the law, the executive branch may attempt to enforce the law, but it remains up to the court to ensure legislative intent and executive enforcement have meaning.
The constitution of our State requires that we systematically rotate our judiciary and speedy trials be provided to those whose liberty is at risk. Ladies and Gentlemen, these fundamental rights are being threatened.
Until recently, I thought that we could address the problems contributing to the increase in the number and age of our criminal, civil, and family court dockets. However, the backlogs will now increase due to the lack of rotation. For now our situation is this.
During 1992, 254,000 cases were filed in our circuit and family courts. That's 13,000 more than were filed in 1990. This works out to just over 1,000 more per month. The good news is our civil filing rate is not much higher than last year, so maybe things are leveling off in the civil area.
For 1992, our circuit court received 162,000 new cases which work out to 4,050 per judge. 91,000 new cases were filed in family court which translates into 1,978 per judge.
On December 31, 1992, there were 68,000 pending criminal cases, 30,500 pending civil cases and 30,700 pending family court cases.
At the appellate level, things have not leveled off. In 1992, the number of docketed cases increased by 20% and motions increased by 18.5%. Since 1985, we have experienced an overall increase of approximately 77%.
At the end of 1992, over fifteen hundred appeals were pending.
Now, what must be done? I have started several new initiatives.
First, I formed a bench/bar committee made up of judges from every level of court and attorneys from different types of legal practice and regions of the State. Operating like a quality management team, we meet periodically to discuss how the day-to-day operation of the court may be improved. This committee streamlines the communication process and reduces the delay between problem identification and implementing a solution. Additionally, we introduced regional rotation and beginning-to-end case handling. Regional rotation allows me to keep judges in one of four regions of our State for longer periods. Another initiative--beginning-to-end case handling, allows one judge to hear complex litigation from start to finish. This saves time and money for the taxpayer and litigant.
The courts need to move forward. We must retool and use new managerial techniques if we are to address the demands of the 1990's. Over the next few years, the following must be provided and to state the obvious once again--we must have adequate funding. We are dead last (50th) in the amount of money appropriated to operate your third and supposedly, equal branch of government. Now, first and foremost, the 1.1 million requested in our budget for judicial rotation must be provided. Without this funding, our trial courts will start next year with less than two weeks of travel funds.
Second, the automation process initiated during 1992 needs to be completed. A statewide operation handling nearly a quarter of a million cases a year cannot be effective using procedures designed for a much slower pace. Managing information, manpower, and resources to put judges where they are needed are key ingredients for effective operation of our judicial system. We cannot afford to continue to use a system that shuffles reams of paper and requires days to get information from one place to another. The yellow pad and pencil era must come to an end. We must automate.
At the appellate level, we are experiencing a rapid rise in cases. With trial courts booming, it is an inevitable part of the process that more and more cases will be appealed. To address this matter, an additional three-judge panel of appellate court judges is needed. To delay this request only creates a bottleneck and impedes the delivery of justice. It is not right to have to wait three years before your dispute is resolved.
Other retooling items are requested, but these three--rotation funds, automation and court of appeals panel are absolutely essential. These items will go a long way to prepare our courts to meet the caseload demands of the 1990's and beyond.
There are several other items which, if adopted, would greatly benefit our citizens and reduce the cost of handling cases.
Money isn't the answer for every problem. I want the General Assembly to join with me in rethinking how we use our court system. During times when resources are low and demands high, we must be innovative and make the best use of what we already have to get the job done. In the courts, we must improve our productivity, but we must ensure we maintain the highest quality of judicial service; again, this states the obvious. In this business, we are not dealing with the making of some product but with peoples' lives, their property, and their fundamental rights. There are several ways with your help we can improve upon the current system and do more with less.
First, I invite you to pass legislation dealing with our magistrate court. Our magistrate courts have jurisdiction primarily limited to two hundred dollars or thirty days in jail in criminal matters and up to only twenty-five hundred dollars in civil matters. Magistrates are individuals who often come to us without a great deal of legal training. They also represent an extremely valuable part of our judicial system, one which could be better utilized.
We need passage of legislation requiring magistrates to be certified after attending required training. This certification would ensure they have the skills and knowledge required to handle criminal and civil litigation. After implementing a certification requirement, we should seek to raise their criminal and civil jurisdiction. This would allow us to shift matters away from our circuit courts reducing trial court delay and the overall cost to taxpayers for disposing of minor disputes.
Along those same lines, we should move forward to allow for arbitration and mediation in some civil and family court matters. Where a settlement is possible, arbitration and/or mediation of disputes can help the courts reduce their caseloads and reduce the time and costs in resolving disputes, both to the litigants and the taxpayer. I hope to begin on an experimental basis this year.
The matter of adequately funding the defense of indigents also needs your attention. The State should take a dominant role in providing the funds rather than relying on the counties.
In this state of the judiciary, I've tried to advise you of the judiciary's major needs--funds for rotation, automation and a court of appeals panel.
I'm stating to you that we need innovative approaches, like more utilization out of our magistrates after they have been trained and arbitration and mediation to divert cases from our trial courts. I've told you of new managerial approaches I started in the past year, like the bench/bar committee to stay informed, regional rotation and beginning-to-end case handling to lower cost.
In the past, I've expressed the need for the State to rethink how it uses our scarce criminal justice resources. I've advocated setting priorities based on establishing a comprehensive criminal classification bill which would give our system some structure. Criminal justice agencies could plan and target whole groups of offenders and working together generate new programs that in the long run would save South Carolina millions of dollars. I've advocated advisory guidelines to help reduce disparity and to guide judges toward utilizing more creative sentencing alternatives. Unless we become more creative, the State will continue to build prisons.
From what Commissioner Evatt is saying, we have reached a point where the State can't afford to staff and operate the last two prisons that were built, so they just sit.
Representative Rogers and others are experimenting with a project in Richland County referred to as a Comprehensive Community Control System. It builds upon the basic idea of having a comprehensive classification bill and advisory guidelines. Criminals are evaluated on the bases of their crime, prior record, and other factors which help in determining the likelihood of successfully completing a probationary sentence. A new form of presentence investigation is compiled, then an advisory recommendation is offered to the court. There are a number of community sanctions available. This approach helps match persons who may otherwise have gotten a short but expensive prison sentence to an appropriate form of community punishment. The concept has merit. It provides advice and alternatives but leaves the final decision with the court. If you can divert nonviolent offenders away from short but expensive prison terms, you will surely save money. If this pilot project is translated into a legislative proposal, it deserves your attention.
I remain true to my belief that if possible, we should have a criminal classification bill and try to identify those that don't need to be in high dollar prisons--a dollar invested in probation will save you more than a dollar spent on prisons. And by the same measure, a dollar spent on our troubled youth will save more than dollars spent on our adult criminal system. The tremendous increase in violent juvenile crime in South Carolina and the federal law suit challenging overcrowding at the Department of Youth Services has brought South Carolina's juvenile justice system to a crossroads. We cannot continue to try to build our way out of this problem. That expensive approach didn't work with adults and won't work with juveniles. The South Carolina Juvenile Justice Task Force, chaired by Justice Jean Toal, is developing comprehensive recommendations for the adjudication, detention, and treatment of all juvenile offenders. I wholeheartedly support this effort. As with adult offenders, we must develop the proper mix of diversion, community-based treatment, and secure confinement for those who pose a threat to public safety. Before you enact further criminal penalty legislation in this area, I urge you to allow the task force to complete its work and make its recommendations to you. We must protect our citizens from violent and habitual offenders, but we must try to punish the nonviolent offender and those that are not a threat to society in less costly and more productive ways. We cannot let our correctional system bankrupt the State.
Our court dockets are being flooded with new criminal cases and we need to join together and ask ourselves why? We need funding, but putting your dollars into new prisons and more judges is not the long-term answer. If you want to improve the state of our judiciary, you must first improve the state of our families, the state of our schools, the state of job opportunities, our citizens' ability to work and serve as law abiding citizens.
You and I know who will be standing before a judge ten years from now. Go into any third grade class and see who cannot read. Nearly one-half of our young people are considered at risk, because they come from single parent homes, admit to use of alcohol or drugs, or are the product of a teenage birth, then it should come as no surprise when ten years from now another Chief Justice will stand before you and says he too needs more judges and more money to deal with the court's workload.
Thank you.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.
Senator LEVENTIS rose to a Point of Personal Interest.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 44 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.
S. 47 -- Senators Passailaigue and Rose: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
S. 51 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".
S. 74 -- Senator McConnell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT IN NOVEMBER INSTEAD OF JUNE AND TO PROVIDE WHAT BUSINESS MAY BE CONSIDERED UNTIL SINE DIE ADJOURNMENT.
Senator McCONNELL explained the Bill.
S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Senator DRUMMOND explained the Bill.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 420 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 41, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND TO PROVIDE FOR THE EFFECT OF SUCH NOTICE.
S. 421 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND CHAPTER 21, TITLE 38 OF THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NON-LIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.
S. 424 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 425 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO CONTRACT BIDS, AWARDS PERTAINING TO FIRE SPRINKLER CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 426 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO LIMITATION OF PAPERWORK FILED WITH WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE INTERN DEVELOPMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1588, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 173 -- Senators Giese, Passailaigue, Courson, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Waldrep, Washington, Glover and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-115 SO AS TO REQUIRE THE SOUTH CAROLINA COMMISSION ON AGING IN CONJUNCTION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE JOINT LEGISLATIVE COMMITTEE ON AGING TO ANNUALLY SPONSOR A "SENIOR HOUSING INSTITUTE" AND TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY AND THE GOVERNOR.
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 (173ROO1.JVS) was adopted as follows:
Amend the bill, as and if amended, page 1, line 26, by striking /conjunction/ and inserting:
/cooperation/
Amend the bill further, as and if amended, on line 3 of the title, by striking /CONJUNCTION/ and inserting:
/COOPERATION/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
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 (LCI200.001) was adopted as follows:
Amend the bill, as and if amended, page 5, by striking lines 9, 10, 11, and 12, inserting in lieu thereof the following:
/activities require registration./
Amend the bill further, page 23, beginning on line 14, by striking Article 5 in its entirety.
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
On motion of Senator DRUMMOND, with unanimous consent, further consideration of the Bill was carried over until Tuesday, February 23, 1993.
S. 423 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES AND USE TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1521, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1 -- Senators Richter and Rose: A BILL TO AMEND CHAPTER 21, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT PAROLE IS HEREBY ABOLISHED.
On motion of Senator MITCHELL, the Bill was referred to the Committee on Corrections and Penology.
MOTION ADOPTED
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Sallie Bet P. Hill of Pickens County, S.C., who passed away on February 15, 1993.
At 1:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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