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, as we remember the birthday of Robert E. Lee, hear the exhortation of St. Paul to the Romans long ago (12:9):
"Let love be genuine,
Hate what is evil,
Hold fast to what is good."
Let us pray.
Our Father, we thank You for the memory of Robert E. Lee, who stood so tall in defeat in the long ago, but who still lives in our hearts.
As our Governor and Legislature fashion our agendas for the present and the future, give us some guiding stars, some sense of proportion, some priorities of loyalties, some clear focus of most important issues.
We need direction and determination for these times that our beloved State may move forward in our quality of life.
Some people are seeking easy answers to complicated problems, telling us so many things, advising us to go in so many directions. Sometimes our duty seems blurred and uncertain.
Remind us again of Robert E. Lee and of St. Paul who said:
"Let love be genuine,
Hate what is evil,
Hold fast to what is good."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 5, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence September 8, 1993, and to expire March 15, 1999:
6th Congressional District:
Ms. Nell Cooke Quarles, 527 Wisteria Drive, Florence, S.C. 29501
Referred to the Committee on Corrections and Penology.
Initial Appointment, Member, South Carolina Commission on Archives and History, with term to commence August 5, 1993, and to expire coterminous with the Governor:
At-Large:
Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512 Note: (Resigned previously to accept seat on State Development Board)
Referred to the General Committee.
January 6, 1994
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, Board of Financial Institutions, with term to commence July 13, 1993, and to expire June 30, 1997:
Consumer Financial Institution:
Mrs. Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611
Referred to the Committee on Banking and Insurance.
Reappointment, Member, Interagency Council on Hunger and Nutrition, with term to commence upon confirmation by the Senate and to expire April 1, 1997:
2nd Congressional District:
Mr. Donald Eugene Hoshaw, 418 Pittsdowne Road, Columbia, S.C. 29210
Referred to the General Committee.
Initial Appointment, Member, Jobs Economic Development Authority, with term to commence upon confirmation by the Senate and to expire July 27, 1996:
4th Congressional District:
Mr. Gary S. Thompson, Jr., E.B.I.S., Suite 204, 1 Cleveland Street, Greenville, S.C. 29601 VICE Donald F. Bolt (resigned)
Referred to the Committee on Labor, Commerce and Industry.
The following were received and referred to the appropriate committees for consideration:
Document No. 1691
Promulgated by Department of Health and Environmental Control
License to Construct or Clean on-Site Sewage Treatment and Disposal Systems and Self-Contained Toilets
Received by Lt. Governor January 18, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 18, 1994
Document No. 1694
Promulgated by Clemson University, Livestock-Poultry Health Division
Quarantine of Garbage Fed Swine
Received by Lt. Governor January 18, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 18, 1994
Document No. 1699
Promulgated by Board of Registration for Professional Engineers & Land Surveyors
Registration of TAC/ABET Four-year engineering technology graduates thus establishing a two-tier category registration designation
Received by Lt. Governor January 18, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 18, 1994
Document No. 1700
Promulgated by Public Service Commission
Liability Insurance for Motor Carriers
Received by Lt. Governor January 19, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date May 19, 1994
The following was received:
Document No. 1631
Promulgated by Department of Consumer Affairs
Pawnbroker Certificate of Authority
Received by Lt. Governor May 18, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date April 24, 1994
Sine Die Revised Expiration Date: April 2, 1994
Withdrawn and resubmitted January 18, 1994
Senator MACAULAY asked unanimous consent to make a motion to recall the regulation from the Committee on Medical Affairs.
There was no objection.
On motion of Senator MACAULAY, with unanimous consent, the regulation was referred to the Committee on Labor, Commerce and Industry.
Senator GIESE introduced Dr. Tommy Rowland of Columbia, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 1051 -- Senator Reese: A BILL TO AMEND SECTION 59-67-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROL OF SCHOOL BUS TRANSPORTATION, SO AS TO TRANSFER CONTROL TO THE DEPARTMENT OF PUBLIC SAFETY AND TO PROVIDE FOR THE ORDERLY TRANSFER OF THOSE RESPONSIBILITIES.
Read the first time and referred to the Committee on Education.
S. 1052 -- Senator Reese: A BILL TO AMEND SECTION 59-67-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROL OF SCHOOL BUS TRANSPORTATION, SO AS TO TRANSFER CONTROL TO THE DEPARTMENT OF TRANSPORTATION AND TO PROVIDE FOR THE ORDERLY TRANSFER OF THOSE RESPONSIBILITIES.
Read the first time and referred to the Committee on Education.
S. 1053 -- Senators Moore, Courson, Williams, Lander, Richter, McConnell, O'Dell, Martin, Rose and Cork: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH CAROLINA HIGHER EDUCATION COORDINATING COUNCIL ACT OF 1994", INCLUDING PROVISIONS TO ESTABLISH THE HIGHER EDUCATION COORDINATING COUNCIL WITHIN THE GOVERNOR'S OFFICE, TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS, TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO SUBMIT SUMMARY BUDGETS TO THE COUNCIL AND PROVIDE FOR THE MANNER IN WHICH THIS SUMMARY BUDGET MUST BE COMPILED AND INSTITUTIONAL FEES AND REVENUES UTILIZED, AND TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL CERTAIN DUTIES OF THE STATE COMMISSION ON HIGHER EDUCATION ON JULY 1, 1994.
Read the first time and referred to the Committee on Education.
S. 1054 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.
Read the first time and referred to the Committee on Education.
S. 1055 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, BY ADDING SECTION 12-7-1255, SO AS TO PROVIDE A TAX CREDIT FOR ELECTRIC UTILITIES TO CONVERT OVERHEAD ELECTRIC TRANSMISSION OR DISTRIBUTION LINES TO UNDERGROUND SERVICE AND TO INSTALL NEW ELECTRIC UNDERGROUND SERVICE FOR THE BEAUTIFICATION OR CONSERVATION OF THE ENVIRONMENT.
Read the first time and referred to the Committee on Finance.
S. 1056 -- Senator Reese: A BILL TO AMEND SECTION 9-1-1850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS CREDITABLE SERVICE, SO AS TO PROVIDE THAT SUCH SERVICE MAY BE PURCHASED AT THE SAME COST AS OUT-OF-STATE SERVICE RATHER THAN THE FULL ACTUARIAL COST.
Read the first time and referred to the Committee on Finance.
S. 1057 -- Senator Waldrep: A BILL TO AMEND SECTION 12-7-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.
Read the first time and referred to the Committee on Finance.
S. 1058 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
Read the first time and referred to the Committee on Judiciary.
S. 1059 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-155 SO AS TO PROHIBIT OUT OF DOORS ADVERTISEMENTS FOR THE SALE OF FIREARMS.
Read the first time and referred to the Committee on Judiciary.
S. 1060 -- Senator Reese: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO REGULATE THE EXTENSION OF SERVICES OF ALL PUBLIC UTILITIES ENGAGING IN THE BUSINESS OF FURNISHING NATURAL GAS TO THE PUBLIC TO THE EXTENT NECESSARY TO PREVENT DUPLICATION OF SERVICES AND FACILITIES, THAT THE EXTENSION IS NOT WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY, AND INCLUDING UTILITIES OWNED OR OPERATED ON BEHALF OF A NATURAL GAS AUTHORITY.
Read the first time and referred to the Committee on Judiciary.
S. 1061 -- Senators Courson, McConnell, J. Verne Smith, Wilson and Giese: A BILL TO COMPEL A BINDING STATEWIDE REFERENDUM AT THE TIME OF THE 1994 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE VOTERS AS TO WHETHER THE CONFEDERATE BATTLE FLAG KNOWN AS THE BATTLE FLAG OF THE ARMY OF NORTHERN VIRGINIA SHALL BE DISPLAYED ATOP AND WITHIN THE STATE HOUSE AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 WHICH SHALL ONLY BE EFFECTIVE IF THE QUESTION PRESENTED IN THE REFERENDUM RECEIVES A FAVORABLE MAJORITY OF THOSE VOTES CAST.
Read the first time and referred to the Committee on Judiciary.
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
Read the first time and referred to the Committee on Judiciary.
S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
Read the first time and referred to the Committee on Medical Affairs.
S. 1064 -- Senator Land: A BILL TO AMEND SECTION 58-17-4095, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS AND TO MAKE THE SECTION APPLY TO ALL RAILROAD RIGHTS-OF-WAY.
Read the first time and referred to the Committee on Transportation.
S. 1065 -- Finance Committee: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.
Read the first time and ordered placed on the Calendar without reference.
S. 1066 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.
S. 1067 -- Senator Waldrep: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Read the first time and on motion of Senator WALDREP, with unanimous consent, ordered placed on the Calendar without reference.
H. 3281 -- Reps. Spearman, Cobb-Hunter, Quinn, Sharpe, Sturkie, Riser, Gamble, Robinson, Witherspoon, Baker, Koon, Carnell, Haskins, J. Brown, J. Harris, Cromer, Kirsh, Corning, Farr, McCraw, Phillips and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Read the first time and referred to the Committee on Transportation.
H. 3649 -- Reps. Fair, Klauber, Felder, Waldrop, Delleney, A. Young, Thomas, Wells and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1643 AND BY AMENDING SECTION 20-7-1670, AS AMENDED, RELATING TO WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT THE FOSTER CARE PLACEMENT OR ADOPTION OF A CHILD WITH A PERSON WHO HAS BEEN DETERMINED TO HAVE COMMITTED ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT OR ABUSE OR NEGLECT, OR WHO IS A HOMOSEXUAL OR BISEXUAL.
Read the first time and referred to the Committee on Judiciary.
At 11:16 A.M., Senator McCONNELL assumed the Chair.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 115 -- Senators Giese, Passailaigue, Glover and Rose: A BILL TO AMEND SECTION 12-7-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR EMPLOYERS FOR CHILD CARE PROGRAMS, SO AS TO INCLUDE ADULT CARE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 277 -- Senators Wilson, Stilwell, Bryan and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO EXEMPT FROM THE DOCUMENTARY STAMP TAX REAL ESTATE TRANSFERS MADE PURSUANT TO AN ORDER OF THE FAMILY COURT.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 346 -- Senator Giese: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 547 -- Senators Lander, Giese, Greg Smith and Mitchell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO LIMIT THE EXEMPTION ALLOWED FOR PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO ONE MOTOR VEHICLE AND TO DELETE SURPLUS LANGUAGE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 604 -- Senator Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 666 -- Senator Land: 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.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 674 -- Senator Land: 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.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 725 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 11-15-610 AND 11-21-90, SO AS TO PROVIDE THAT ANY ISSUER OR ANY PUBLIC AGENCY WHICH IS THE LESSEE OF PROPERTY UNDER A LEASE-PURCHASE FINANCING AGREEMENT MAY ISSUE BONDS FOR THE PURPOSE OF PAYING THE REMAINING AMOUNTS OF RENT TO BECOME PAYABLE PURSUANT TO THIS FINANCING, INCLUDING INTEREST AND ANY REDEMPTION PREMIUM; TO AMEND SECTION 11-15-470 RELATING TO THE MATURITIES OF REFUNDING BONDS, SO AS TO REMOVE THE RESTRICTIONS AS TO MINIMUM PRINCIPAL MATURITY DATES OF REFUNDING BONDS; AND TO AMEND SECTION 11-15-520 RELATING TO THE SALE OF REFUNDING BONDS, SO AS TO DELETE THE REQUIREMENT THAT THESE BONDS BE SOLD ONLY AT PUBLIC SALES AND PROVIDE THAT THE BONDS MAY BE SOLD AT PRIVATE OR PUBLIC SALES AS DETERMINED BY THE GOVERNING BODY OF THE ISSUER.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 741 -- Senators Land and Giese: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT AND EQUALIZATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR THE COUNTY BOARD OF APPEAL IN MATTERS RELATING TO VALUATION OF PROPERTY AND APPEALS FROM THE FINDING OF THE BOARD TO THE TAX COMMISSION AND TO PROVIDE THE PROCEDURES APPLICABLE TO THESE APPEALS; AND TO AMEND SECTION 12-37-90, RELATING TO THE DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE ADDITIONAL DUTIES FOR THE ASSESSOR RELATING TO THE KEEPING OF AN APPEAL LOG BOOK AND TAX MAPPING.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 742 -- Senator Land: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN ONE HUNDRED THOUSAND SQUARE FEET OF BUILDING SPACE OR WHICH QUALIFY FOR THE DISTRIBUTION FACILITY EXEMPTION; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THESE FUNCTIONS FOR ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND TRANSPORTATION COMPANIES FOR HIRE, TO PROVIDE THAT THE VALUE OF PROPERTY ASSESSED BY THE UNIT VALUATION METHOD MUST BE DISTRIBUTED ON THE BASIS OF GROSS INVESTMENT EXCEPT WHERE OTHERWISE STATED, AND TO PROVIDE FOR THE APPRAISAL AND ASSESSMENT OF LEASED PROPERTY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 743 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-4-755 AND 12-4-770 SO AS TO PROVIDE FOR THE APPEAL OF A PROPERTY TAX EXEMPTION DENIAL TO THE SOUTH CAROLINA TAX COMMISSION AND PROVIDE THE APPEAL PROCEDURE AND PROVIDE FOR THE APPEAL PROCEDURE FOR AN APPEAL OF A PROPOSED PROPERTY TAX ASSESSMENT TO THE COMMISSION FOR PROPERTY ORIGINALLY ASSESSED BY THE COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-65 SO AS TO PROVIDE THE METHOD OF APPRAISING CERTAIN PERSONAL PROPERTY OF BUSINESSES AND OTHER ENTITIES UNDER THE JURISDICTION OF THE COUNTY AUDITOR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-120 SO AS TO REQUIRE THE ASSESSED VALUE OF PROPERTY TO BE ROUNDED TO THE NEAREST TEN DOLLARS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO THE DUTIES OF THE TAX COMMISSION, SO AS TO REQUIRE IT TO REMIT REVENUES COLLECTED TO THE STATE TREASURER AT LEAST ONCE A WEEK OR AS SOON AFTER RECEIPT AS PRACTICABLE; TO AMEND SECTION 12-4-320, RELATING TO THE POWERS OF THE TAX COMMISSION, SO AS TO AUTHORIZE IT TO PRESCRIBE TEMPORARY RULES FOR FILING, PAYMENT, AND EXTENSIONS IN CASE OF DAMAGE BY OPERATION BY NATURAL FORCES; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE TAX COMMISSION, SO AS TO PROVIDE THAT OUT-OF-STATE APPRAISERS APPEARING BEFORE THE COMMISSION DO NOT HAVE TO BE LICENSED OR CERTIFIED IN THIS STATE; TO AMEND SECTION 12-4-720, RELATING TO FILING PROPERTY TAX EXEMPTION APPLICATIONS, SO AS TO REVISE CERTAIN APPLICATIONS; TO AMEND SECTION 12-37-220, OF THE 1976 CODE, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO STANDARDIZE AT TWO VEHICLES THE MOTOR VEHICLE EXEMPTION FOR DISABLED VETERANS, MEDAL OF HONOR RECIPIENTS, PERSONS CONFINED TO WHEELCHAIRS, AND FORMER POW'S, TO DELETE AN OBSOLETE PROVISION RELATING TO NO SITUS PERSONAL PROPERTY AND TO EXEMPT FURNISHINGS AND FIXTURES IN TIME-SHARE UNITS; TO AMEND SECTION 12-37-800, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO MAKE A PROPERTY TAX RETURN, SO AS TO PROVIDE A PENALTY EQUAL TO TWENTY-FIVE PERCENT OF THE TAX DUE FOR MAKING A FALSE RETURN; TO AMEND SECTION 12-37-930, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT "GROSS CAPITALIZED COST" INCLUDES PROPERTY EXPENSED UNDER SECTION 179 OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-37-2725, RELATING TO REFUNDS OF PERSONAL PROPERTY TAXES PAID ON LICENSED MOTOR VEHICLES, SO AS TO ALLOW A REFUND WHEN A VEHICLE OWNER BECOMES A LEGAL RESIDENT OF ANOTHER STATE AND REGISTERS THE VEHICLE IN THE NEW STATE; TO AMEND SECTION 12-43-335, RELATING TO THE CLASSIFICATION OF MERCHANTS' PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE CLASSIFICATIONS AND ADD CLASSIFICATIONS FOR PROPERTY OF MANUFACTURERS, RAILROADS, PRIVATE CARLINES, AIRLINES, WATER, POWER, TELEPHONE, CABLE TELEVISION, SEWER, AND PIPELINE COMPANIES; AND TO AMEND ACT 168 OF 1991, RELATING TO TAXATION, SO AS TO DEFINE "CORPORATION" FOR THE PURPOSES OF THE ALLOWANCE OF THE FIVE-YEAR PROPERTY TAX ABATEMENT ALLOWED A CORPORATION WHICH ACQUIRED EIGHT OR MORE EXISTING TEXTILE MANUFACTURING FACILITIES, AND DELETE A REFERENCE TO COUNTY IN CALCULATING THE REQUIRED NUMBER OF EMPLOYEES TO OBTAIN THE ABATEMENT.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 780 -- Senator Courson: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 881 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF PROFESSIONAL LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO LIMIT THE APPLICATION OF THE REVOCATION TO PERSONS SO LICENSED WHO AGREED TO PROVIDE GOODS AND SERVICES TO STATE AND LOCAL GOVERNMENT AGENCIES, TO LIMIT THE CERTIFICATION REQUIRED OF PERSONS APPLYING OR REAPPLYING FOR A RIGHT OR LICENSE TO CONDUCT A TRADE, BUSINESS, OR PROFESSION TO PERSONS FURNISHING GOODS OR SERVICES TO A STATE OR LOCAL GOVERNMENT AGENCY AND TO LIMIT THE NONRENEWAL, NONISSUE, AND NONEXTENSION OF THE LICENSE OR PERMIT HELD BY A PERSON FAILING TO FILE OR PAY TAXES TO THOSE LICENSEES OR PERMITTEES WHO HAVE AGREED TO PROVIDE GOODS AND SERVICES TO THE AGENCY ISSUING THE LICENSE OR PERMIT, AND TO CONFORM THE LANGUAGE OF THE ARTICLE TO THE RESTRUCTURING ACT; AND TO AMEND SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE SECTION TO THE RESTRUCTURING ACT.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Judiciary submitted a favorable with amendment report on:
S. 903 -- Senators Hayes, Gregory and Giese: A BILL TO AMEND SECTION 16-13-110(B)(1), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MULTIPLE OFFENSES OF SHOPLIFTING AS A MISDEMEANOR IN WHICH THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS, SO AS TO PROVIDE PENALTIES FOR SECOND OR SUBSEQUENT OFFENSES.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator MITCHELL from the Committee on Judiciary submitted a favorable report on:
H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 4287 -- Reps. J. Bailey, Barber, Harrell, Fulmer, Hallman, Whipper, Breeland, Gonzales, R. Young and Holt: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.
On motion of Senator PASSAILAIGUE, with unanimous consent, H. 4287 was ordered to receive a third reading on Thursday, January 20, 1994.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MACAULAY, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MITCHELL, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 469 -- Senators Courson, Mitchell, Leatherman and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
Senator BRYAN spoke on the Bill.
At 11:39 A.M., the PRESIDENT assumed the Chair.
Senator BRYAN spoke on the Bill.
Senator MITCHELL asked unanimous consent to make a motion that the Bill be carried over, with Senator BRYAN retaining the floor.
Senator THOMAS objected.
Senator BRYAN spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, with Senator BRYAN retaining the floor, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
Senator McCONNELL rose to a Point of Interest.
At 12:30 P.M., on motion of Senator MOORE, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:47 P.M. and was called to order by the PRESIDENT.
The PRESIDENT appointed Senators GLOVER, WILSON, LEVENTIS and WALDREP to escort the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and members of his party to the House Chamber for the Joint Assembly.
At 6:55 P.M., the Senate receded for the purpose of attending the Joint Assembly.
At 7:00 o'clock P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
S. 1006 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 1994.
The Honorable Carroll A. Campbell, Jr., and members of his party, were escorted to the rostrum by Senators GLOVER, WILSON, LEVENTIS and WALDREP and Reps. Allison, A. Young, Waites and Cobb-Hunter.
The PRESIDENT of the Senate introduced the Honorable Carroll A. Campbell, Jr., Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
Mr. President, Mr. Speaker, Ladies and Gentlemen of the 110th General Assembly, Constitutional Officers, Cabinet appointees, my fellow South Carolinians:
Tonight for the eighth time I report on the State of our State. To make this assessment, let's consider recent history, take stock of today, and look ahead to the promise of the future. To prepare our state for tomorrow, we focused on the families of South Carolina. And, like many of those families, we have had our disagreements. But we've set them aside and gotten the job done, especially on pocketbook issues. Together, we cut the personal income tax and indexed the brackets to inflation. We cut the corporate tax from six to five percent, stimulating an era of unprecedented growth. We cut the capital gains tax and increased the retirement exclusion. We cut license tag fees by $5. Even with a modest gas tax increase to fund economic development and strategic road building, we have cut general taxes more than $240 million. And if you want to include fee increases that most people don't pay, such as nuclear waste disposal, bingo and coin-operated machines, we still have a net tax reduction of $138 million! We allowed companies making large investments to negotiate a flat fee for property taxes, saving them nearly $23 million. In return, we got more than $2 billion in capital investments.
Have we lost money with these cuts? No. Our corporate revenues are up by 40 percent for the first half of this fiscal year. And tonight, I am proud to announce the latest figures from our Commerce Department which show new capital investments in 1993 of $2.5 billion. Last year, investment was generated in every county of our state, creating quality jobs that will pay $5,000 more than the state average for all industries.
Ladies and gentlemen, we have forged the best economic package in the nation. In the last seven years new and existing companies have invested a record $19.5 billion in South Carolina. The effects of tax cuts, job-tax credits, industrial enterprise zones and other initiatives are dramatic: our seven year total is greater than the total capital investment in South Carolina for the previous 15 years. Our pro-growth approach helped us to:
weather downturns in the national and global economies;
come through Hugo and pay off a $31 million debt;
reach an agreement with federal retirees;
put $167 million back into the rainy day reserve funds that had been drained just a year ago;
come to terms with the Catawba Indians and open new vistas for economic development south of Charlotte;
maintain two triple-A credit ratings -- we've never had more than two -- and our goal should be to have three, without raising taxes;
end the last fiscal year with a $100 million surplus and our general fund revenue collections through December are growing at a rate of 10.3 percent;
and, best of all, even in the face of tremendous cutbacks at the Savannah River site and base closures at Myrtle Beach and Charleston, we have 230,000 more South Carolinians working today than in 1987. That's nearly a quarter million more individuals working at higher wages and, most important, supporting their families. Most families go through the day without thinking much about government. But those of us in government shouldn't go a day without thinking about families. Families are the foundation of our society and they need support today more than ever. Many are in trouble. And the children suffer most. We see it in children prepped for street life instead of school life. Police and judges talk of a new type of juvenile: hardened, heartless and cruel beyond their years. In his book, High Risk, psychologist Ken Majid says "children who do not form a deep emotional attachment to a parent in the early years fail to develop a sense of right and wrong. "It is a mistake to consider drug abuse, teenage pregnancies, dropouts and juvenile crime as diseases. They are symptoms of a disease having spiritual and moral dimensions. The disease is the destruction of the family. Too often government itself undermines families and drains their resources. So tonight I ask that we refocus this government: we should bolster family finances, help educate children, improve public safety, and support those in need just enough so they won't always need that support. Pocketbook pressure is a major stress on families, and government doesn't help matters with big programs and bureaucracies. I've already told you how tax relief can stimulate growth. Let's use some tax relief to strengthen families. Over the years, we've indexed retirement and other programs to inflation. If state and federal government had done the same 20 years ago to the deduction parents take for their children, that tax break would be close to $7,000 today. Instead, it's still $2,350 while the cost of raising young children has skyrocketed. I am asking you to double the tax exemption to $4,700 for children under six. When fully phased in over four years, this would mean a $329 tax cut for families with two children. That's a rent payment, several weeks groceries, or a month or more of daycare. I'd like to do more, but this is a start. And let's send a message to Congress and the Administration to do the same for the families of America.Families can spend their money better than government can. Therefore, we should reject any attempt to raise taxes on our hardworking citizens.South Carolina's corporations have shown us how to create more jobs by reinvesting the money we let them keep through lower taxes. And we shouldn't raise taxes on our job creators, either. When a South Carolina family spends the money it saves in taxes, when a South Carolina corporation expands or a small business opens its doors, we reap the benefits of a growing economy. I say we should use that growth. Representative Boan has made a proposal to eliminate residential property taxes for education. It must be paid for, but without raising other taxes. Together, we phased in other tax cuts, including personal income and capital gains. So, let's phase in property tax relief. First, freeze homeowners' property taxes for education at present levels. Then we can reduce this tax by 25 percent each year, using revenue growth to make up the difference, until residential property owners no longer bear an unfair share of education costs. We must not forget that every dollar we spend in government comes from the hardworking taxpayers of this state. That's why we passed what I consider the most significant legislation of South Carolina's modern history, the government restructuring act. In just six months, we are seeing benefits. Agencies which had rarely worked together are cooperating in areas ranging from juvenile justice to public safety. We're consolidating the process of business permitting without compromising our environmental standards. We put nearly 200 more troopers on our highways during the 78-hour New Year's holiday. Drunk driving arrests were down and not one person died on South Carolina's roads. I've sent a list of 10 names to the Senate for consideration as the first confirmed Governor's cabinet in South Carolina history. I have faith in their ability and respect for their dedication. I urge swift confirmation of these agency heads. And for all state employees who are working hard for our citizens, I ask you to grant an average 3.6 percent pay raise. You took a major reform step two years ago in passing one of the strongest ethics bills in the country, but we can do more to increase accountability. You have before you a bill to limit the terms of elected officials. Send me a reasonable bill that is not retroactive and I will sign it. I urge you to look for other areas where reorganization will spawn greater efficiency. And I suggest that you look to higher education. I have been involved in South Carolina government for 24 years. I've watched lobbyists from individual schools fighting each other and with the Commission on Higher Education for program dollars and operating capital. Then the universities end up spending millions on remedial courses which our nationally-recognized technical colleges already provide at a lower cost. I suggest that you restructure the governance of higher education and involve the colleges and universities. They must have a seat at the table. We must insist on communication among all components of higher education, including our technical colleges. That will end duplication. And we can save the $5.5 million our universities have been spending to comply with another level of bureaucracy. Of course, we have much to be proud of at every level of our education system. In 1988 we passed the Cutting Edge legislation to address higher education admission standards, increase research dollars, and measure program effectiveness. This year I am proposing a three million dollar expansion for Cutting Edge.South Carolina ranks eighth in the nation in advance placement exams administered to 11th and 12th graders for college credit. Black enrollment in our universities hit an all-time high in 1992. Our Governor's School for Math and Science is ranked among the top 15 high schools in America after just five years of operation. We have had more winners in the Texaco Star National Academic Championships than any other state, and in 1992 had four of the top five teams. Our young people can compete with anyone in the nation! Our work force development programs have won national recognition and serve as models for programs in other states. We will soon provide high-quality teacher training at 13 centers throughout the state under a plan developed by my Math and Science Advisory Board. I've included $1.8 million in my budget to match a $10 million grant for this from the National Science Foundation. This must be funded. We passed Target 2000 legislation, and enhanced it last year with the Early Childhood and Academic Assistance Act, reallocating almost $100 million to the front end of the learning process. We are putting greater emphasis on student achievement. And we are retooling our curriculum through Tech Prep to prepare our young people, whether they're interested in a high tech job or higher education.This year I propose a pay raise of 3.6 percent for our teachers, which will help us meet the projected southeastern average for fiscal year 94-95. I join Education Superintendent Nielsen in her call for an administrative spending cap in every school district. And we need to review the justification for having 91 school districts, when a minimum student population per district would help us direct education resources more toward the students. We can't throw money into bureaucracy when we face a crisis in transporting our children to school. By 1995, 77 percent of our fleet statewide will have traveled more than 100,000 miles or will have been in service more than ten years. So I have asked you to budget $26 million for 500 new buses. Our Education Department needs books and instructional materials in 16 subject areas. I am asking for $11 million to address this need. South Carolina is one of three lead states in implementing the readiness portion of the National Education Goals I co-authored. The best way to get our children ready for life and ready to learn is to get parents back into the process as the child's first teacher. Teach your children right from wrong today and chances are they won't be seen in a detention hall, much less a detention center. If we are going to keep putting nearly half of our budget into education, we need to make sure our children and our teachers have a safe learning environment. In 1990 I signed the Safe Schools Act, targeting drug dealers and increasing penalties for bringing weapons to school. We need to do more. I call on you to join me in putting every student on notice: when you show up for school, it's to learn. The only thing you'd better be packing is a book bag. Tonight, I ask you to require an immediate 60 days in our new juvenile boot camp program for any student carrying a weapon onto school grounds. It is illegal for a South Carolinian under 21 to buy a handgun. It is illegal for anyone without a permit to carry a concealed handgun. A teenager who threatens someone with a gun has broken laws for having it, concealing it and using it in a crime. Tonight I call on our judicial system to enforce all three laws to their fullest extent. While my budget includes $5 million to improve the Department of Juvenile Justice, I also ask you to ensure that status offenders are no longer locked up with violent juveniles, where they learn all of the tricks of the crime trade. The law prevents first time status offenders from entering the general population, but it doesn't stop a judge from placing probation violators with violent offenders. So I ask you to expand the Wil Lou Gray Opportunity School in Lexington County and the John de la Howe School in McCormick County to provide an alternative for non-violent offenders. The cost can be covered in part by having the money follow the student from their home school district for the duration of the stay. The balance will come from savings incurred by keeping the child out of our juvenile justice system. There's a good chance the child we keep on the outside of juvenile justice facilities will become an adult who won't see the inside of our prison facilities.As Representative Rogers has noted, similar logic should be applied to non-violent offenders in our adult prison system. My budget calls for $2 million to put 600 non-violent offenders in Community Control Centers and $1 million to expand electronic monitoring. Also, I have included money to open prisons at Turbeville and Trenton, and to re-open additions to the Dutchman and Coastal prisons. This will serve notice that we will not put violent criminals on the street because some judge says inmates are suffering from overcrowding. The essential duty of government is ensuring public safety. We can't protect people if career criminals are running through a revolving door at the court house. We need truth in sentencing! Our message should be clear: if a South Carolina judge gives you six years in 1994, say good-bye until the next century! And career criminals can say good-bye for life! Government can and must fight crime, but the family continues to be our best hope for rebuilding the character of our state and our nation. While we have a $100,000 Kellogg Foundation grant to help reform our adoption and foster care systems, our efforts must emphasize the influence of loving parents. We are joined this evening by a man whose mission in life is to help the child who knows no parents. As an orphan who has risen to great success, he's the nation's leading proponent of adoption. Please join me in welcoming the founder of Wendy's, Dave Thomas. His leadership on this issue and his friendship to me and all South Carolinians led to this proposal. I ask you to help build families in our state through a new adoption incentive. My plan will help pay direct costs of up to $5,000 for state employees who adopt, or up to $10,000 for those adopting a child with special needs. In addition to benefits we already provide, this incentive gives substantial aid for state employees who have long wanted to adopt. And I urge South Carolina businesses to encourage adoption by extending similar financial support to their employees. Every child deserves a family and a chance to develop to his or her greatest potential in a loving atmosphere. Few children who are fortunate enough to be invited into a loving home return to the social services system as adults, except to give a helping hand to another child. Dave Thomas is an example of that. In spite of our best efforts to keep families together, federal regulations break them apart. Consider the irony. The program called "Aid to Families with Dependent Children" denies benefits if that family has a mother and a father living under the same roof. I have directed the state Department of Social Services to ask for a waiver allowing both parents to live in the household. I am saying to federal bureaucrats that we believe in keeping families together. People need help from time to time and government has a role. But welfare is no longer a pathway to personal responsibility because we make it more attractive than going to work. But too often welfare recipients are penalized for trying to improve their lives. For example, transportation gets people to schools and jobs that will help them one day move off the welfare rolls and onto a payroll. But we don't allow those on public assistance to own dependable transportation. We should never lose sight of the fact that the best welfare program is a job! The House Welfare Reform Task Force has made many good recommendations to help those who need help and to target those who abuse the system. I wonder, though, how many billions of dollars we've spent in America helping those who might have been self-sufficient if one parent hadn't abandoned the family. Or, how many families might not have been on welfare if the exemption for children under six had been allowed to grow. My budget includes money to create a computer link between DSS and every family court in the state. When a judge orders child support to be paid, DSS will know immediately. 97 percent of all adult recipients of Aid to Families with Dependent Children are female. I believe we can help these women get the help they need. Ten years ago, I was a sponsor of the first federal law requiring parents to support their children. I propose tonight that we require every woman going to the hospital delivery room to name the father, or the likely father of that child. A young man at age 15 or 16 may not be able to support a child today. But, someday, when he's 23 or 24 years old and has a job, that child will be nearly ten and will need his help. That young man should be made to pay support. Too many children are having children. One of the most important messages parents can convey is that abstinence is the only sure way to prevent unwanted pregnancy and disease. And every woman on welfare should be on some type of birth control. Government isn't supposed to raise children. But we can provide support through school nurse screenings and immunization programs. And next week, I will announce a new initiative to make sure our youngest South Carolinians have the healthiest start in life. As the national debate on health care continues, we recognize some problems with delivery of care and with cost and coverage. But we still have the best medical care in the world and I caution Congress and the Administration not to operate on the healthy parts of the system. One of our most valuable health care tools is education. We can control costs by educating people. The emergency room can do no more than a family doctor to relieve a sore throat or a cold. But emergency room charges for minor problems are busting our budgets through cost shifting. That's how the price of an aspirin on a hospital bill rises to $20! Every family should have a primary health care provider, whether it is a doctor at an urban clinic or a nurse practitioner in a rural area. One of the best places to begin getting costs under control is Medicaid. When I took office, the state's Medicaid costs were $120 million. Today, partly because of federal mandates, costs have risen to $341 million. I am asking the federal government for a Medicaid waiver to create a managed care system, so recipients will have a place to go other than the emergency room for routine care. As part of the waiver, I want to stop spending $24 million a year to determine Medicaid eligibility. South Carolinians at or below the poverty level should be eligible for coverage. Once we begin to realize savings through managed care and a change in disproportionate share distribution, we will start bringing the working poor into the system. To reduce pressure on employers' health care costs, I urge you to allow small businesses to form insurance-purchasing groups. We also need a defined minimum policy, medical malpractice reform, and coverage that can be transferred from job to job. Health care, jobs, taxes, education -- all of these are issues today's families care about as they plan for the future. Over the course of seven years, you and I have done our best to follow the guideposts our forefathers left for us. They had no guarantees of success, only opportunities. Today, we can be proud that we ventured toward opportunity even as we struggled through and overcame crisis. And sometimes when our family disagreed, we benefitted anyway. For example, I said no-fault, and some of you said no way. But there have been some reductions because we forced examination of the automobile insurance system. Good drivers are paying less than half the bad driver subsidy they paid in 1987, and the subsidy will drop more with the new bidding process on the Reinsurance Facility. The Insurance Commission tells me 60 percent of the state's drivers are getting a rate cut this year. And Henry Brown's choice-no fault bill is on the calendar for debate. Don't say no way this year! It's been said that wisdom often consists of knowing what to do next. We were wise in the last seven years to set aside more than 160,000 acres of forests and wetlands as protected preserves, a living legacy for our children. We were wise to keep Barnwell open a little longer because North Carolina is now on schedule for a new facility and we're getting out of the low-level waste disposal business. As a state and as a people, we have won great victories and we have been wise to prepare ourselves to win more. At my Inauguration in 1987, I shared with you my vision of South Carolina: a place where people have the opportunity to live and work and raise their families in an environment that is clean and safe; where every child can grow up with the opportunity to get a good education and a decent job. A South Carolina where citizens have access to good health care; where our elderly can retire in dignity and walk the streets unafraid. These are the ideals that link generations past and future. These are the objectives that gave us the unity of purpose to reach so many goals together in the last few years. With our faith in God and the families that give South Carolina its character, we have the power to shape the future through our work. With the challenge of having our children rely on us and the enrichment their trust brings, we find the courage to instill in them the power to shape their own lives. Our hope is for the children, that we have prepared them well as they embark on a new millennium.
The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Judiciary, on motion of Senator WILLIAMS, the following appointment was confirmed.
Reappointment, Chief of the South Carolina Law Enforcement Division, with term to commence February 1,1994, and to expire January 31, 2000:
Chief:
Chief Robert M. Stewart, Sr., SLED, Post Office Box 21398, Columbia, S.C. 29221
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
Having received a favorable report from the Committee on Labor, Commerce and Industry, on motion of Senator J. VERNE SMITH, the following appointments were confirmed.
Initial Appointment, Director of the Department of Commerce, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:
Director:
Mr. John A. Warren, 17 Millpond, Columbia, S.C. 29204
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
Initial Appointment, Director of the Department of Labor, Licensing and Regulation, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:
Director:
Mr. Virgil W. Duffie, Jr., Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S.C. 29211-329
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Colonel William Geddings of Lexington, S.C.
At 7:46 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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