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, because of his faith God gave Abraham a blessing and made him a blessing to many ages. Hear Genesis 12(v2):
"And I will make of thee a great nation,
And I will bless thee,
And make thy name great;
And thou shalt be a blessing..."
Let us pray.
Almighty God, our Father... and the God and Father of Abraham... You brought down the empire of Godless communism. You breached the Berlin Wall with very little help from us.
Help us find our place in the new rearrangement of the peoples and governments on our planet.
Help us take our stand and bear witness at our several posts of duty.
We know that there is no safe withdrawal from the fray.
Help us as Americans to be aware that in this fateful struggle:
"We are watchers of a beacon whose light
must never die;
We are guardians of an altar that shows
Thee ever nigh;
We are children of Thy freemen who
sleep beneath the sod;
For the might of Thine arm we bless Thee,
Our God, our father's God."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator RUSSELL introduced Dr. Lawrence Heavrin of Spartanburg, South Carolina, Doctor of the Day.
The following was received and referred to the appropriate committee for consideration:
Document No. 1603
Promulgated By Commission on Higher Education
Licensing Nonpublic Postsecondary Educational Institutions
Received By Lt. Governor February 17, 1993
Referred to Senate Committee on Education
120 day review expiration date January 24, 1994
The following were introduced:
S. 441 -- 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 PARTIES IN CIVIL ACTIONS SHALL DEPOSIT ONE HUNDRED DOLLARS IN ADDITION TO THE FILING FEE FOR FILING A FIRST COMPLAINT OR PETITION WITH THE COURT, WHICH SHALL BE USED TO REIMBURSE THE PREVAILING PARTY FOR FILING EXPENSES.
Read the first time and referred to the Committee on Judiciary.
S. 442 -- Senators Richter and Rose: A BILL TO AMEND SECTION 24-13-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE STATE AND LOCAL PRISONERS TO WEAR STATEWIDE UNIFORMS AT ALL TIMES, EXCEPT WHEN SUCH PRISONERS ARE STANDING TRIAL BEFORE A JURY FOR A CRIME COMMITTED PRIOR TO INCARCERATION.
Senator RICHTER spoke on the Bill.
Read the first time and referred to the Committee on Corrections and Penology.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
Senator RICHTER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 444 -- Senators Macaulay, O'Dell and Waldrep: A CONCURRENT RESOLUTION EXTENDING BEST WISHES FOR A SPEEDY RECOVERY TO OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY AND DEAR FRIEND, REPRESENTATIVE C.D. CHAMBLEE OF ANDERSON.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3520 -- Reps. Byrd, J. Brown, Cobb-Hunter, Scott, Waites, Inabinett, White, Shissias, J. Bailey, Whipper, Neal, Harrell, Stille, Rogers, Hines, McMahand, Anderson, Breeland, Canty, Beatty, Corning, Wofford, Moody-Lawrence, Barber and Kennedy: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MARCH 3, 1993, AS "NATIONAL COUNCIL OF NEGRO WOMEN LEGISLATIVE RECOGNITION DAY" IN SOUTH CAROLINA.
Whereas, Mary McLeod Bethune founded the National Council of Negro Women (NCNW) in l935; and
Whereas, her goal was to unite Black women's social, civic, religious, and professional organizations under one principal banner as a way to confront and overcome racism, lack of opportunity, and problems in health and education which plagued the Black community; and
Whereas, today NCNW represents thirty-three affiliated organizations with a membership of over four million women, and the council's 250 local community-based sections mobilize their own communities around specific programs based on commitment, unity, and self-reliance; and
Whereas, NCNW makes its impact felt on behalf of African-American women, children, and families every day, and the excellent work of this outstanding organization is highly deserving of recognition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates Wednesday, March 3, 1993, as "National Council of Negro Women Legislative Recognition Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Sarah C. Leonard, State Convener, National Council of Negro Women, Inc., South Carolina State Mechanism, P.O. Box 30704, Charleston, South Carolina 29417.
Read the first time and referred to the Committee on Invitations.
H. 3532 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. REBEKAH WALTER UPON BEING NAMED TEACHER OF THE YEAR FOR 1993-94 AT MORRISON ELEMENTARY SCHOOL IN CLEMSON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3536 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LEROY LANGSTON (ROY) ANDERSON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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 COOPERATION 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.
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. 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.
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. 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.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY asked unanimous consent to make a motion to be granted leave to offer a further amendment to H. 3425, which had previously been ordered to a third reading by unanimous consent.
There was no objection.
Senator SALEEBY proposed the following amendment (3425R003.EES), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 13 through 15, and inserting the following:
/unsafe condition, or (5) driving without lights on while wipers are being used, may not have his automobile/
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 of Representatives with amendments.
S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator HOLLAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
The Resolution was read the third time and ordered sent to the House of Representatives.
S. 375 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator HOLLAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
The Resolution was read the third time and ordered sent to the House of Representatives.
S. 376 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator HOLLAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
The Resolution was read the third time and ordered sent to the House of Representatives.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
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.
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.
Senator STILWELL explained the Bill.
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.
Senator PASSAILAIGUE explained the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
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.
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.
Senator STILWELL explained the Bill.
On motion of Senator SALEEBY, S. 438 was ordered to receive a third reading on Friday, February 19, 1993.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD10.002) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-610(E) of the 1976 Code is amended to read:
"(E) The local child protective service agency, upon the notification, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The agency then shall initiate a removal proceeding pursuant to Section 20-7-736 on or before the next working day in the appropriate family court. If a noncustodial parent is not named as a party, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the agency before the pretrial hearing that the basis of the report of abuse or neglect is unfounded, the agency may place temporary physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the agency retaining legal custody pending the pretrial hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the agency shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative. The family court shall schedule a pretrial hearing to be held within ten days of the initiation of the proceedings, unless the tenth day falls upon a Saturday, Sunday, or holiday, then the pretrial hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial hearing must be heard in another court in an adjoining circuit. At the pretrial hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of emergency action taken or initiated in behalf of the child. At the pretrial hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the agency's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within forty days of the date of receipt of the removal petition."
SECTION 2. Section 20-7-736(B) of the 1976 Code is amended to read:
"(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the agency, the local child protective services agency may petition the Family Court family court in its jurisdiction to remove the child from custody of the parent or guardian when the agency has probable cause to believe removal is necessary to protect the child's health or welfare. If a noncustodial parent is not named as a party, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section."
SECTION 3. Section 20-7-764(3) of the 1976 Code is amended to read:
"(3) Provide the child's placement as close to home as possible, unless the court finds that placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with the child's relatives, including a noncustodial parent;"
SECTION 4. This act takes effect upon approval by the Governor and shall apply only to those matters initiated in family court after the act's effective date./
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. 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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD79.002) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 11-35-450, as contained in SECTION 1, by striking lines 27 through 39 in their entirety and inserting therein the following:
/"Section 11-35-450 (A) The purchase of furniture, floor coverings, wall coverings, or any other decorative or ornamental item items by a governmental body for at least one of the following uses must be reported to the governing board, commission, or council of the respective governmental body, when the cost of the furniture, covering, or item exceeds five hundred dollars, before the purchase:
(1) in an office or adjoining reception area utilized by an agency director, or assistant agency director, or deputy director;/
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
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.
The amendment proposed by the Committee on Banking and Insurance (114R003.EES) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting in lieu thereof the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an approved driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has successfully completed an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The discount must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).
(B) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or any other responsible educational agency and was conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(4) The requirements of the classroom training, in order to qualify for an insurance discount, must include the following minimum criteria:
a) Eight hours of classroom instruction;
b) Teaching method must include group discussion, lecture, and visual presentations; and
c) Course materials must review age-related physical changes affecting older drivers, provide a basic review of the rules-of-the-road (i.e. rights of way, backing, entering and leaving interstate highways), and include accident prevention measures.
The course instructors must be certified by the sponsoring body of the course submitting satisfactory evidence regarding the recruiting, training, and monitoring of certified course instructors.
(C) For purposes of this section `satisfactory evidence' is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency, which certifies that:
(1) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; and
(2) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(D) Only the vehicle driven by drivers who have successfully completed the driver training course are qualified for the insurance discount. Any other vehicle, which may be operated by other family members who have not completed the driver training course, do not qualify for the insurance discount, until and unless the primary driver of any additional vehicle has also successfully completed the driver training course.
(1) Only driver training courses taken on a voluntary basis qualify for the insurance discount. Driver training courses taken as a requirement of a driving offense, such as ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance discount provided in this section."
SECTION 2. This act takes effect October 1, 1993./
Amend title to conform.
Senator GIESE proposed the following amendment (114R004.WKG), which was adopted:
Amend the committee report, as and if amended, in Section 38-73-737(A), page 114-2, line 2, by inserting after /completed./:
/The insurer may require as a condition of providing and maintaining the discount, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault./
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, S. 114 was ordered to receive a third reading on Friday, February 19, 1993.
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.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was carried over.
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 LEATHERMAN, with unanimous consent, the Resolution was carried over.
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.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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.
On motion of Senator THOMAS, with unanimous consent, the Resolution was carried over.
S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Rules.
Senator SALEEBY asked unanimous consent to make a motion that it be the Sense of the Senate that any amendments to S. 174 and the adoption of S. 174 would be subject to adoption by a majority vote through adjournment on Thursday, February 25, 1993.
Senator WILLIAMS objected.
The Rules Committee proposed the following Amendment No. 4 (174R012.GFM), which was adopted:
Amend the committee report, as and if amended, on page 174-2, lines 4-13, by striking:
"If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment then the Senate Ethics Committee shall notify the Senate or the appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint." and inserting in lieu thereof the following:
"If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation."
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 5 (174R014.MTR), which was tabled:
Amend the committee report, as and if amended, page 174-2 by striking lines 30 through 39 and inserting the following:
/Be it further resolved:
That Rule 32 of the Rules of the Senate is amended by denominating the rule as adopted on January 14, 1993, as Rule 32A and adding a Rule 32B to read as follows:
A Senator whose family member has been appointed to an office subject to confirmation by the Senate is prohibited from participating in that portion of a meeting of the Senate, or any committee or any subcommittee thereof, when such portion of the meeting is for the consideration of appointments and a Senator's family member may be considered. For the purpose of this rule, "family member" shall mean a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, or an individual claimed by the member as a dependent for income tax purposes./
Amend title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
Senator WILLIAMS spoke on the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SALEEBY proposed the following Amendment No. 7 (174R015.EES):
Amend the committee report, as and if amended, by adding on page 174-2, after line 29, the following new language:
/ Be it further resolved that Rule 7A of the Rules of the Senate is amended to read as follows:
If a Senator in speaking, or otherwise violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he shall sit down and may not proceed without leave of the Senate. Every question of order must be decided by the President, without debate, subject to an appeal to the Senate. The President may call for the Sense of the Senate on any question of order.
On a question of order regarding an affirmative requirement to or a prohibition from taking a specific act or adhering to a specific standard, the Senate shall be governed by the Constitution, its own rules, Jefferson's Manual and Precedents established thereunder and shall not be governed by any statutory requirement or prohibition except upon a vote of a majority of the membership establishing a Sense of the Senate that any such statutory requirement or prohibition shall govern the actions of the Senate. /
Amend title to conform.
Senator SALEEBY explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, it was the Sense of the Senate that any amendments to S. 174 and the adoption of S. 174 would be subject to adoption by a majority vote through adjournment on Thursday, February 25, 1993.
S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.
On motion of Senator McCONNELL, with unanimous consent, the Senate Resolution was made a Special Order, Senator SALEEBY retaining the floor.
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 McCONNELL, with unanimous consent, the Senate Resolution was taken up for immediate consideration. The question being the adoption of the Amendment No. 4 (JIC\5298DW.93) proposed by Senators REESE and MITCHELL and previously printed in the Journal of February 11, 1993.
On motion of Senator McCONNELL, with unanimous consent, the Senate Resolution was made a Special Order.
Senator MACAULAY moved that when the Senate adjourns on Friday, February 19, 1993, it stand adjourned to meet next Tuesday, February 23, 1993, at 12:00 Noon, which motion was adopted.
At 12:23 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
* * *
This web page was last updated on
Monday, June 29, 2009 at 4:08 P.M.