Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear again words from St. Paul to the Thessalonians... in The Living Bible rendering, (I Thess. 2:9):
"Don't you remember, dear brothers, how
hard we worked among you? Night and day
we toiled and sweated to earn enough to
live on so that our expenses would not
be a burden to anyone there..."
Let us pray.
Father in Heaven, as we return to our posts of duty today, we do not ask to be delivered from difficult situations, but we do pray for a spirit of understanding of the labors and toiling of others, even as we hope others understand our own labors.
We pray for a special measure of Your grace to those who serve valiantly in committees far from the public eye. Give them guidance... and quickened consciences.
As we face the time when we must conclude our debates and make our corporate decisions, we pray that:
Where we are in error, reform us!
Where we seem empty handed, furnish us!
Where we are right, strengthen and confirm us!
Where we are rent asunder, heal, we pray,
the divisions between us!
In the Name of the Lord of us all.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Reese Richter Rose
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Annual Report of the Joint Legislative Committee on Aging was received and ordered printed In the House Journal of Friday, May 21, 1993.
May 20, 1993
Mr. President and Members of the Senate:
At the request of the nominee, I respectfully request withdrawal from your consideration the appointment below:
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Board of Health and Environmental Control, with term to expire June 30, 1995:
6th Congressional District:
Toney Graham, Jr., M.D., Route 2, Box 273, Lake City, S.C. 29560
On motion of Senator MACAULAY, the Senate voted to accede to the Governor's request and return the appointment.
There was no objection.
May 25, 1993
HAND DELIVERED
The Honorable Carroll A. Campbell, Jr.
Governor
State House, 1st Floor, West Wing
P.O. Box 11369
Columbia, SC 29211
Dear Governor:
The Senate has acted favorably on your request to withdraw the appointment of the Honorable Toney Graham, Jr., M.D. to succeed himself as a member of the Board of Health and Environmental Control, representing the Sixth Congressional District. Accordingly, I have attached hereto your original appointment and have entered this transmittal in the Journal of the Senate.
Respectfully,
Frank Caggiano
May 5, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1996:
2nd Congressional District:
Nora Kizer Bell, Ph.D., Department of Psychology, University of South Carolina, Columbia, S.C. 29208
Referred to the Committee on Medical Affairs.
Initial Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1996:
Kershaw/Richland:
Mr. John W. Wells, Post Office Box 10, Lugoff, S.C. 29078 VICE
Jasper Salmond
Referred to the Committee on Labor, Commerce and Industry.
May 10, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Richland County Magistrates, with terms to expire April 30, 1995:
Honorable Walter Jones, 220 Chappelle Street, Columbia, S.C. 29201
Honorable William T. Smith, Jr., 6605 Arcadia Woods Road, Columbia, S.C. 29206
Honorable Mel W. Maurer, 161 Midhurst Court, Irmo, S.C. 29063
Honorable Michael R. Davis, 233 King Charles Road, Columbia, S.C. 29209
Honorable Harry Toganauga, 2119 Robin Road, Columbia, S.C. 29204
Honorable Charles R. Delk, Route 3, Box 285-C, Columbia, S.C. 29223
Honorable Samuel Peay, 954 Campanella Circle, Columbia, S.C. 29203
Honorable Willie H. Womble, 6706 Formosa Drive, Columbia, S.C. 29206
Appointment, Richland County Magistrate, with term to expire April 30, 1995:
Mr. Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061 VICE Honorable Harold Hill (resigned)
May 11, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Kershaw County Board of Voter Registration, with term to expire March 15, 1994:
Mrs. Ellen K. Saxton, 1908 Bolden Street, Camden, S.C. 29020 VICE Warner A. Brown (deceased)
May 14, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Kershaw County Magistrate, with term to expire April 30, 1995:
Honorable Katie R. Pate, 284 Rabon Road, Lugoff, S.C. 29078 VICE John A. Peake (retired)
May 25, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Public Service Authority, with term to expire May 19, 2000:
Berkeley County:
Mr. John David Trout, Post Office Box 995, Moncks Corner, S.C. 29461 VICE Eugene F. Oliver
Referred to the General Committee.
TO: The Honorable John Drummond
FROM: Frank Caggiano
RE: Corrections, H. 3610 As Passed by the Senate
DATE: May 22, 1993
A post printing review of H. 3610 as passed by the Senate shows scriveners errors as outlined below:
1) Page 2, line 16, Section 5B - SLED
"217,130" should read "517,130"
2) Page 2, line 24, Section 10 - Prosecution Coordination Commission
"271,127" should read "61,925"
3) Page 3, line 23, Section 28 - Education Department
"8,414,336" should read "8,504,336"
4) Page 4, line 5, Section 52 - Corrections
"1,378,360" should read "621,640"
I apologize for any confusion or inconvenience this may have caused. It was my endeavor to provide an accurate, quality and dependable document in the brief time available.
The following was received and referred to the appropriate committee for consideration:
Document No. 1650
Promulgated by Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Lt. Governor May 24, 1993
Referred to Senate Committee on Education
120 day review expiration date April 30, 1994
Senator WALDREP introduced Dr. James Halford of Anderson, S.C., Doctor of the Day.
Columbia, S.C., May 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment.
Very respectfully,
Speaker of the House
Received as information.
Appointment, Berkeley County Master-in-Equity, with term to expire November 7, 1996.
Daniel F. Pieper, Esq., 6012 Wedgewood Drive, Hanahan, S.C. 29406 VICE Honorable William L. Shipley
Columbia, S.C., May 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Rep. Whipper in lieu of J. Brown of the Committee of Conference on the part of the House on:
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 20, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Very respectfully,
Speaker of the House
On motion of Senator SETZLER, the Senate insisted upon its amendments to S. 329 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators SETZLER, MACAULAY and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 18, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Rhoad, Inabinett and Trotter of the Committee of Conference on the part of the House on:
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, LAND and CORK of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)
asks for a Committee of Conference, and has appointed Reps. Hodges, Boan and Clyborne of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and JACKSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
The House returned the Bill with amendments.
Senator STILWELL proposed the following Amendment No. 1 (JUD416.010), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 28, by striking SECTION 4 in its entirety.
Amend the bill further, as and if amended, page 4, line 2, in Section 8-13-100(5), as contained in SECTION 5, by striking line 2 in its entirety and inserting therein the following:
/ write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not / .
Amend the bill further, as and if amended, page 4, beginning on line 7, in Section 8-13-100(12), as contained in SECTION 5, by striking item 12 in its entirety and inserting therein the following:
/ "(12) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) an election at which a ballot measure or referendum appears on the ballot."/ .
Amend the bill further, as and if amended, page 4, beginning on line 26, in Section 8-13-100(31), as contained in SECTION 6, by striking item (31) in its entirety.
Amend the bill further, as and if amended, page 5, line 18, in Section 8-13-325, as contained in SECTION 8, by striking the word /lobbyist/ and inserting therein:
/ lobbyist's / .
Amend the bill further, as and if amended, page 5, line 20, in Section 8-13-325, as contained in SECTION 8, by striking the word /lobbyist/ and inserting therein:
/ lobbyist's / .
Amend the bill further, as and if amended, page 5, beginning on line 22, by striking SECTION 9 in its entirety.
Amend the bill further, as and if amended, page 6, line 43, by adding an appropriately numbered section to read:
/ SECTION . Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing." / .
Amend the bill further, as and if amended, page 9, line 17, in Section 8-13-1300(4), as contained in SECTION 16, by striking line 17, and inserting therein the following:
/ write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not / .
Amend the bill further, as and if amended, page 9, line 36, in Section 8-13-1300(9), as contained in SECTION 17, by striking the word /issue/ and inserting therein:
/ measure / .
Amend the bill further, as and if amended, page 10, line 20, in Section 8-13-1346, as contained in SECTION 19, by striking the word /issue/ and inserting therein:
/ measure / .
Amend the bill further, as and if amended, page 11, line 12, in Section 8-13-1374, as contained in SECTION 22, by inserting after the word /chapter,/ the following:
/ is / .
Amend the bill further, as and if amended, page 14, beginning on line 5, in Section 2-17-90, as contained in SECTION 28, by striking subsection (G) in its entirety and inserting therein the following:
/ "(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal." / .
Amend the bill further, as and if amended, page 15, line 2, in Section 2-17-10( )(b), as contained in SECTION 30, by striking the word /or/ .
Amend the bill further, as and if amended, page 15, beginning on line 10, by striking SECTION 31 in its entirety and inserting therein the following:
/ SECTION 31. Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-100. A public official, public member, or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official, public member, or public employee who is required to file a statement of economic interests under Section 8-13-1100. Any public official, public member, or public employee shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public official, public member, or public employee who does not file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or
(4) the Speaker of the House, in the case of a member of the House of Representatives." /
Amend the bill further, as and if amended, page 16, line 25, in Section 8-13-100
( )(a), as contained in SECTION 32, by striking the word /members,/ and inserting therein:
/ member, / .
Amend the bill further, as and if amended, page 16, line 28, in Section 8-13-100
( )(b), as contained in SECTION 32, by striking the word /or/ .
Amend the bill further, as and if amended, page 16, line 35, in Section 8-13-100
( )(c), as contained in SECTION 32, by striking the word /members,/ and inserting therein:
/ member, / .
Amend the bill further, as and if amended, page 18, beginning on line 11, by striking SECTION 35 in its entirety and inserting therein the following:
/ SECTION 35. This act takes effect upon approval by the Governor, except any changes in reporting requirements for statements of economic interests pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1994. / .
Renumber sections to conform
Amend title to conform.
Senator STILWELL explained the amendment.
Senator STILWELL moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator STILWELL, with unanimous consent, the Bill was carried over.
The following were introduced:
S. 791 -- Senator Thomas: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO COMMUNITY AND STATE OF MR. LEVIS L. GILSTRAP, JR., OF GREENVILLE COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 792 -- Senators Setzler and Leventis: A CONCURRENT RESOLUTION TO COMMEND DR. WILLIAM F. "BILL" PUTNAM, SENIOR ASSOCIATE DEAN AND PROFESSOR OF ECONOMICS AT THE UNIVERSITY OF SOUTH CAROLINA COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS EXEMPLARY SERVICE TO THE UNIVERSITY UPON HIS RETIREMENT AS DEAN.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4228 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DOROTHY TURNER OF WEST COLUMBIA, A TEACHER AT THE WIL LOU GRAY OPPORTUNITY SCHOOL, FOR AN EXEMPLARY FIFTY-YEAR CAREER IN EDUCATION AND TO WISH HER CONTINUED SUCCESS AS ONE OF SOUTH CAROLINA'S MOST OUTSTANDING TEACHERS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4229 -- Rep. Klauber: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF WILLIAM WESLEY "BILL" WASH OF GREENWOOD WHO DIED MAY 3, 1993.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4233 -- Reps. Stoddard, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND DR. WILLIAM F. "BILL" PUTNAM, SENIOR ASSOCIATE DEAN AND PROFESSOR OF ECONOMICS AT THE UNIVERSITY OF SOUTH CAROLINA COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS EXEMPLARY SERVICE TO THE UNIVERSITY UPON HIS RETIREMENT AS DEAN.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.
Read the first time and referred to the Committee on Judiciary.
H. 3369 -- Reps. Fair, Jaskwhich, Wright, Allison, Byrd, Fulmer, Kelley, Kennedy, McMahand and Littlejohn: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Read the first time and referred to the Committee on Education.
H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
Senator LANDER spoke on the Bill.
H. 3629 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST.
Read the first time and referred to the Committee on Finance.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.
Senator J. VERNE SMITH proposed the following Amendment No. 1 (3636R001.JVS), which was adopted:
Amend the bill, as and if amended, by striking all and after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 40-57-155. As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.
The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.
Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:
(1) an annual filing fee of fifteen dollars;
(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;
(3) a fee of one hundred dollars for each course approved;
(4) a fee of one hundred dollars for each instructor approved;
(5) a fee of fifty dollars for each course approval renewal;
(6) a fee of fifty dollars for each instructor approval renewal.
The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.
All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law."
SECTION 2. Section 40-57-160 of the 1976 Code, as last amended by Act 12 of 1991, is further amended to read:
"Section 40-57-160. It is the duty of the commissioner to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commissioner. The license must be in that form and size as the commissioner prescribes and must not be transferable. The licenses expire on June thirtieth of each year annually."
SECTION 3. This act takes effect July 1, 1994.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator J. VERNE SMITH, H. 3636 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.
Read the first time and referred to the General Committee.
H. 3693 -- Reps. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Read the first time and referred to the General Committee.
H. 3802 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3839 -- Reps. Moody-Lawrence, R. Smith, McMahand, Inabinett, Hines, Kirsh, Simrill, Jaskwhich, Richardson, Cobb-Hunter, Neilson, McLeod, Stuart, Meacham, Thomas, Anderson, Neal, Breeland, Farr, Davenport, Holt, Littlejohn, Stille, Beatty, Byrd, Whipper, Rudnick, Wright and Harrell: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY POLE TRUCK OR TRAILER MUST BE PAINTED WITH A STRIP OF LIGHT REFLECTING PAINT, TAPE, OR REFLECTORS ON THE EXTERNAL SIDES OF THE POLE SUPPORT FRAME OR BOLSTERS.
Read the first time and referred to the Committee on Transportation.
H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
Read the first time and referred to the Committee on Transportation.
H. 3880 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE FROM WHICH FOOD PRODUCTS ARE SOLD FOR CONSUMPTION MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT.
Read the first time and referred to the Committee on Transportation.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Read the first time and referred to the Committee on Finance.
H. 3909 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Read the first time and referred to the Committee on Finance.
H. 3913 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Read the first time and referred to the Committee on Finance.
H. 3927 -- Reps. J. Bailey and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.
Read the first time and referred to the Committee on Transportation.
H. 4198 -- Rep. Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE DATE ON THE MAP WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator SALEEBY, with unanimous consent, H. 4198 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.
The House returned the Bill with amendments.
On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
Senator SALEEBY objected.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
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.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3990 -- Reps. Wells, Littlejohn, Allison and Walker: A BILL TO AMEND ACT 906 OF 1962, RELATING TO THE CREATION OF THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO MODIFY THE MEMBERSHIP AND PROVIDE FOR THE HIRING OF ADDITIONAL PERSONNEL.
Senator REESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time.
H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD3135.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 2-19-30 of the 1976 Code is amended to read:
"Section 2-19-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. Such statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the Journals of both Houses houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings and in such event no further inquiry, report on, or consideration of his candidacy shall be made."
SECTION 2. Section 6, Part IV of Act 610 of 1990 is designated as Section 2-19-70 of the 1976 Code and amended to read:
"Section 2-19-70. No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. For purposes of this section, indirectly seeking a pledge means the candidate or someone acting on behalf of and at the request of the candidate requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
Violations of this section may be considered by the screening committee when it considers the candidate's qualifications."
SECTION 3. Section 58-3-23 of the 1976 Code is amended to read:
"Section 58-3-23. (A) The Merit Selection Panel shall nominate candidates for election to the South Carolina Public Service Commission in the manner provided in this section. When a vacancy occurs on the Public Service Commission after July 1, 1979, by reason of expiration of a term or otherwise, or when the number of members of the Public Service Commission is to be increased or decreased, the Merit Selection Panel shall submit to the General Assembly while in regular or special session the names of two persons qualified, legally and otherwise, as candidates to fill the vacancy. and in In selecting persons for nomination to the Public Service Commission, the Merit Selection Panel must they shall endeavor to select the most qualified persons for each vacancy. However, the panel, by a vote of seventy-five percent of its total membership, may submit only one name, three names, or four names for a vacancy. Each name submitted must receive eight votes from the panel before submission to the General Assembly. Nominations by the Merit Panel must be submitted to the General Assembly not less than ninety days before the expiration of the term of a member of the commission elected under the provisions of this chapter except where the Joint Legislative Screening Committee grants additional time to the panel to consider or reconsider such nominations. Upon selecting persons for nomination Nominations to the commission their names must be made public and submitted to the Joint Legislative Screening Committee for its acceptance or rejection. General Assembly for election or nonelection. If the General Assembly is not in regular or special session when such vacancy occurs, the Merit Selection Panel shall submit the names in the same manner as provided in this section to the General Assembly at the beginning of its next regular or special session. The General Assembly shall elect one of the candidates to fill the vacancy on the Public Service Commission. However, nothing prevents the General Assembly or the Joint Legislative Screening Committee from rejecting any or all of the candidates nominated. If the General Assembly rejects the persons first nominated are rejected, the Merit Selection Panel shall submit in the same manner as provided in this section the names of other persons qualified as candidates. Further nominations shall continue to be made until the vacancy is filled. Nothing may be considered to exclude incumbent members of the commission from being eligible for re-election to the commission and the Merit Selection Panel when submitting the names of persons qualified as candidates for election to the commission may include names of incumbent members.
(B) Persons nominated as provided herein to fill vacancies on the Public Service Commission shall be screened and reviewed by the Joint Legislative Screening Committee pursuant to Chapter 19 of Title 2 of the 1976 Code to determine if they are legally and otherwise qualified for service on the Public Service Commission.
(C) No person shall be eligible for election to the commission unless he is nominated by the Merit Selection Panel. The panel shall be an independent agency and shall not, except as otherwise provided by this article, confer with or consider suggestions or requests from the Governor or any member of the General Assembly."
SECTION 4. Section 58-3-24 of the 1976 Code is amended to read:
"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel, nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after January 1, 1981, no No member of the General Assembly shall be elected to the Public Service Commission while such person is serving in the General Assembly nor shall such person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."
SECTION 5. Section 58-3-25 of the 1976 Code is amended to read:
"Section 58-3-25. The Merit Selection Panel and the Joint Legislative Screening Committee shall utilize such application form as may be adopted by the Joint Legislative Screening Committee. In selecting such persons for nomination to the Public Service Commission, the panel Merit Selection Panel shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In selecting persons for nomination to the Public Service Commission, the merit selection panel Merit Selection Panel shall consider the knowledge and experience of the potential appointees in such varied fields as business, regulated utilities, government, accounting, law, engineering, statistics, consumer affairs, environmental affairs, and finance. In making its recommendation, the Merit Selection Panel shall seek to find the best qualified people giving due consideration to their ability and integrity." /
Amend title to conform.
Senator HOLLAND 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 HOLLAND, with unanimous consent, H. 3135 was ordered to receive a third reading on Wednesday, May 26, 1993.
H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (4733DW.93) proposed by Senator MCGILL and previously printed in the Journal of May 18, 1993.
Senator COURTNEY explained the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.
S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
On motion of Senator GIESE, with unanimous consent, the Bill was carried over.
H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.
On motion of Senator GIESE, with unanimous consent, the Bill was carried over.
H. 3506 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-65 SO AS TO DEFINE THE TIME FOR THE APPEAL OF AD VALOREM PROPERTY TAX ASSESSMENTS FOR CERTAIN PERSONAL PROPERTY.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over.
H. 3589 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUDIT STANDARDS FOR THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO DELAY THE IMPLEMENTATION DATE FROM THE 1993 TAX YEAR TO JULY 1, 1994, AND TO CLARIFY THAT THE STANDARDS APPLY ON A FISCAL YEAR RATHER THAN A TAX YEAR BASIS.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.
H. 3609 -- Rep. Kirsh: A BILL TO REPEAL SECTIONS 4-13-110, 11-3-180, 12-37-60, 12-37-630, 12-37-640, 12-37-650, 12-37-660, 12-37-770, 12-37-790, 12-37-880, 12-37-2700, 12-39-70, 12-39-80, 12-39-90, 12-39-110, 12-39-130, 12-39-230, 12-39-240, 12-39-300, 12-39-330, 12-45-50, 12-45-100, 12-45-110, 12-45-130, 12-45-190, 12-45-200, 12-45-210, 12-45-240, 12-45-250, 12-45-290, 12-45-330, 12-45-350, 12-45-370, 12-45-380, 12-47-20, 12-47-30, AND CHAPTER 55 OF TITLE 12 ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO OBSOLETE FUNCTIONS OF COUNTY TREASURERS AND AUDITORS, THE COMPTROLLER GENERAL, AND OUTDATED AD VALOREM TAX PROVISIONS.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator CORK, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was placed in the status of Interrupted Debate, with Senator PASSAILAIGUE retaining the floor.
On motion of Senator GREG SMITH, the following appointment was confirmed:
Initial Appointment, Charleston County Magistrate, with term to expire April 30, 1995:
The Honorable Priscilla B. Baldwin, Post Office Box 262, McClellanville, S.C. 29458 VICE Matthew M. George (resigned)
MOTION ADOPTED
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Captain Henning Carl Josephson of Summerville, South Carolina.
At 12:57 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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