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 individuals and as corporate entities, we must learn history's lessons. Hear the Word from the Book of Judges, Chapter 3 (v. 12):
"Once again the Israelites did evil in the
eyes of the Lord, and because they did this
evil the Lord gave Eglon King of Moab pow-
er over Israel."
Let us pray.
Eternal Father, holy beyond our remotest comprehension, loving beyond all earthly-experienced love, good beyond all that we can conceive as good, help us to learn from history lest we repeat history's errors.
We know that most of our decisions in this place cast long shadows into our future.
Help us to see in the life of the Great Galilean a pattern for our lives.
Give us stout hearts, dear Lord, that having resolved upon the course we believe to be right, we may steadfastly pursue it, faithfully serving Thee,
We know that final decisions will be made by the electorate in our body politic... but ultimate decisions are in the realm of Your Providential Judgment.
We pray in the secular realm in the Name of all that is Holy.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 18, 1994
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, State Human Affairs Commission, with term to commence upon confirmation by the Senate and to expire June 30, 1996:
2nd Congressional District:
Mr. Pelham F. Moss, 105 Evergreen Lane, Cayce, S.C. 29033 Vice S. Lyman Whitehead
Referred to the Committee on Judiciary.
Senator LAND introduced Dr. J. Capers Hiott of Sumter, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
On motion of Senator MATTHEWS, at 12:10 P.M., Senator WASHINGTON was granted a leave of absence for today.
The following were introduced:
S. 1081 -- Senators Drummond, J. Verne Smith, Bryan and Russell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE SOUTH CAROLINA COUNCIL ON HIGHER EDUCATION, TO PROVIDE FOR ITS ORGANIZATION, MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS INCLUDING THE AUTHORITY TO ESTABLISH MISSIONS OF INSTITUTIONS, SET INSTITUTION ADMISSION STANDARDS, SET ACCEPTABLE RANGES FOR TUITION AND FEES, APPROVE INTERNAL INSTITUTION BUDGETS, ESTABLISH PERSONNEL POLICIES, AND CONFIRM INSTITUTIONAL PRESIDENTS WITH THE POWER TO REMOVE FOR CAUSE, TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL THE DUTIES AND FUNCTIONS OF THE STATE COMMISSION ON HIGHER EDUCATION ON FEBRUARY 1, 1995, AND TO REPEAL SECTION 59-103-10 OF THE 1976 CODE RELATING TO THE COMMISSION ON HIGHER EDUCATION.
Read the first time and referred to the Committee on Education.
S. 1082 -- Senator Wilson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED CERTAIN NONPROFIT ORGANIZATIONS WHEN NET PROCEEDS OF SALES ARE USED EXCLUSIVELY FOR EXEMPT PURPOSES TO A BUSINESS UNDER CONTRACT TO A NONPROFIT ORGANIZATION FOR THE SALE OF FOOD ITEMS WHEN THE AMOUNT PAID THE NONPROFIT ORGANIZATION FROM THE PROCEEDS OF THE SALES IS USED EXCLUSIVELY FOR EXEMPT PURPOSES AND TO DELETE OBSOLETE LANGUAGE.
Read the first time and referred to the Committee on Finance.
S. 1083 -- Senators Wilson, Russell, Richter and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-45 SO AS TO PROVIDE THAT ANY CRIMINAL FINE IMPOSED BY A COURT OF GENERAL SESSIONS OF THIS STATE WHICH REMAINS UNPAID FOR A PERIOD OF AT LEAST THIRTY DAYS CONSTITUTES A LIEN AGAINST THE PERSON AGAINST WHOM THE FINE WAS IMPOSED, TO PROVIDE THAT THIS LIEN HAS THE SAME FORCE AND EFFECT AS A JUDGMENT WHICH MAY BE RECORDED IN ANY COUNTY IN WHICH ANY PERSON RESIDES OR OWNS REAL PROPERTY, AND TO PROVIDE THAT A LIEN IMPOSED BY THIS SECTION IS NOT DISCHARGEABLE IN BANKRUPTCY.
Read the first time and referred to the Committee on Judiciary.
S. 1084 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1125 SO AS TO PROVIDE THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 ON CONTENTS OF STATEMENT OF ECONOMIC INTERESTS UNDER ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM DO NOT APPLY TO AN EVENT TO WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1085 -- Senator Williams: A BILL TO AMEND ACT 254 OF 1957, RELATING TO THE FILING OF A NOTICE OF CANDIDACY FOR ELECTION TO A BOARD OF TRUSTEES OF A SCHOOL DISTRICT IN ORANGEBURG COUNTY, SO AS TO CHANGE THE DATE FOR FILING AND SUBSTITUTE THE COUNTY ELECTION COMMISSION FOR THE BOARD OF EDUCATION AS WHERE THE STATEMENT OF CANDIDACY IS FILED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1086 -- Senators Patterson, Ford, Glover, Jackson, Matthews, Mitchell and Washington: A SENATE RESOLUTION INVITING MISS AMERICA, KIMBERLY CLARICE AIKEN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 10:30 A.M., THURSDAY, MARCH 3, 1994.
Be it resolved by the Senate:
That Miss America, Kimberly Clarice Aiken, is invited to address the General Assembly in joint session at 10:30 a.m., Thursday, March 3, 1994.
Referred to the Committee on Invitations.
S. 1087 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. JOE R. NORRIS OF CLEARWATER WHO DIED SATURDAY, JANUARY 22, 1994.
The Senate Resolution was adopted.
S. 1088 -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA VARSITY SOCCER TEAM AND COACH MARK BERSON FOR REACHING THE NCAA NATIONAL SOCCER CHAMPIONSHIP FINALS, FOR THEIR OUTSTANDING 1993 SEASON, AND FOR THEIR HARD WORK, DEDICATION, AND DETERMINATION; AND TO COMMEND COACH BERSON, THE FOUNDER AND HEAD COACH OF THE VARSITY SOCCER PROGRAM, FOR HIS LEADERSHIP AND COMMITMENT TO EXCELLENCE IN THE DEVELOPMENT OF THE SOCCER PROGRAM AT THE UNIVERSITY AND FOR THE OUTSTANDING RECORD THAT THE TEAM HAS DEVELOPED OVER ITS SIXTEEN-YEAR HISTORY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4587 -- Reps. Rogers, Waites, Neal, Scott, Cromer, Byrd and J. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF DR. EDWARD EUGENE TAYLOR OF RICHLAND COUNTY WHO DIED IN OCTOBER OF 1993.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4588 -- Reps. Harvin, Cobb-Hunter, H. Brown, Wofford and Law: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE DEWITT WILLIAMS, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, ON RECEIVING THE FEDERATION OF OLDER AMERICANS' LEGISLATOR OF THE YEAR AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4589 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE ORANGE GROVE ELEMENTARY SCHOOL IN CHARLESTON ON BEING CHOSEN A STATEWIDE WINNER OF THE PALMETTO'S FINEST AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4592 -- Rep. Stuart: A CONCURRENT RESOLUTION CONGRATULATING PELION ELEMENTARY SCHOOL OF LEXINGTON COUNTY ON WINNING THE STATE INCENTIVE AWARD FOR FOUR CONSECUTIVE YEARS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4602 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF T. BARNEY SMITH OF ANDERSON UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4603 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ANDERSON ATTORNEY GLENN W. THOMASON UPON HIS UNEXPECTED DEATH DURING THE LEGISLATIVE INTERIM.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Arc. of S.C. and others to attend a morning reception at the State House (lower lobby) on Thursday, February 3, 1994, from 9:00 until 10:00 A.M.
Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue
Stilwell Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Pest Control Assn., Inc. to attend a reception at the Sheraton Hotel on Tuesday, February 8, 1994, from 6:30 until 8:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue
Stilwell Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Vocational Assn. and Directors Assn. to attend a luncheon at the State House (lower lobby) on Wednesday, February 9, 1994, at 1:30 P.M. or immediately upon adjournment.
Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue
Stilwell Russell
S. 1013 -- Senator Mitchell: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY AIKEN OF COLUMBIA UPON BEING CHOSEN MISS AMERICA 1994 AND TO EXTEND AN INVITATION TO MISS AIKEN TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 10:30 A.M. ON THURSDAY, MARCH 3, 1994.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
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.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
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.
Senator COURTNEY spoke on the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4570 -- Reps. Baker and McMahand: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
On motion of Senator BRYAN, H. 4570 was ordered to receive a third reading on Thursday, January 27, 1994.
H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: 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.
H. 4285 -- Reps. Cobb-Hunter and Govan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.
Senator WILLIAMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was referred to the local delegation.
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.
On motion of Senator STILWELL, with unanimous consent, the Bill was carried over.
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 MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD32.001), which was adopted:
Amend the bill, as and if amended, page 2, line 2, in Section 15-75-40(C)(2), as contained in SECTION 1, by striking /five/ and inserting /three/ .
Amend the bill further, as and if amended, page 2, line 15, in Section 15-75-40(D)(2), as contained in SECTION 1, by striking /five/ and inserting /three/ .
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator MITCHELL proposed the following Amendment No. 1 (JUD32.003), which was adopted:
Amend the bill, as and if amended, page 2, in Section 15-75-40(D), as contained in SECTION 1, by striking lines 5 and 6 in their entirety, and inserting therein the following:
/(D) Parents or legal guardians of an unemancipated minor with knowledge of the unemancipated minor's propensity to steal or tendencies toward kleptomania are civilly liable for the /
Amend title to conform.
Senator MITCHELL explained the amendment.
Senator MITCHELL moved that the amendment be adopted.
The amendment was adopted.
Senator MITCHELL proposed the following Amendment No. 2 (JUD32.004), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 36, in Section 15-75-40, as contained in SECTION 1, by striking subsection (H) in its entirety and inserting therein the following:
/(H) In an action brought under subsection (D) of this section, the court shall consider in the interest of justice mitigating circumstances that bear directly upon the actions of the parent or legal guardian in supervising the unemancipated minor who committed the shoplifting. These mitigating circumstances may include, but are not limited to, whether or not the unemancipated minor had demonstrated a propensity to steal or tendencies toward kleptomania and whether or not the parent or legal guardian had notice or knowledge of the unemancipated minor's propensity to steal or tendencies toward kleptomania./
Amend title to conform.
Senator MITCHELL explained the amendment.
Senator MITCHELL moved that the amendment be adopted.
The amendment was adopted.
Senator MITCHELL proposed the following Amendment No. 3 (JUD32.006), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 33, in Section 15-75-40, as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:
/(B) In a proceeding brought under this section the burden of proof is by a preponderance of the evidence. A court shall deny the civil relief provided under this section if the merchandise has been recovered by the store or other retail mercantile establishment in its original merchantable condition./
Amend title to conform.
Senator MITCHELL explained the amendment.
Senator MITCHELL moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
On motion of Senator McCONNELL, the Bill was carried over.
S. 637 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 27, TITLE 58 SO AS TO ENSURE THE SAFETY OF PERSONS ENGAGED IN ACTIVITIES IN PROXIMITY OF HIGH VOLTAGE OVERHEAD LINES AND PROVIDE PENALTIES.
On motion of Senator STILWELL, the Bill was carried over.
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.
On motion of Senator BRYAN, the Bill was carried over.
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.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
S. 743 -- Senators Land and Setzler: 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.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator McCONNELL spoke on the Joint Resolution.
Senator McCONNELL moved to adjourn debate on the Joint Resolution.
Debate was adjourned on the Joint Resolution.
MOTION ADOPTED
On motion of Senator ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Eleanor Ellis, beloved wife of former Senator Ralph Ellis.
At 12:20 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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