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, hear the Psalmist in Psalm 129: (vv 7-10)
"Whither shall I go from Thy spirit?
Or whither shall I flee from Thy presence?
If I ascend up into heaven, Thou art there;"
Let us pray.
Dear Lord of the heavens and of the earth: As Thy servant Charles Bolden, our fellow Carolinian, pilots his craft beyond earth's gravity to study the secrets of space, we pray that Your presence there will be a source of support in his mission.
We follow him and his crew with our prayers. Give guidance and skill and wisdom to all that share the responsibilities of the mission.
May the knowledge they bring back increase our quality of life here on our planet.
Hear also the silent prayers for Your guidance to us here that we may see our duty and be willing to follow the gleam that You lay upon our consciences.
In the Name of the God of the Universe we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
June 2, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Dorchester County Master-in-Equity, effective September 1, 1993, with term to expire June 30, 1998:
Patrick Robert Watts, Esq., 111 Sweetbriar Road, Summerville, S.C. 29485 VICE Honorable Gene Dukes
I regret that unforeseen circumstances prevented me from being present at the Joint Session of the General Assembly on February 2, 1994. If I were present, it would have been my pleasure to vote for Judge Cottingham, one of the best judges on the South Carolina Circuit Bench.
Senator MITCHELL rose to a Point of Personal Interest.
Columbia, S.C., February 3, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 910 -- Senators Mescher, Wilson, Martin, Reese and Rose: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, AS AMENDED, AND 56-3-3340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURPLE HEART RECIPIENT LICENSE PLATES, SO AS TO DELETE THE REQUIREMENT OF PAYMENT OF A FEE, TO PROVIDE FOR THE ISSUANCE OF A PERMANENT PLATE, AND TO PROVIDE THAT THE LICENSE PLATE MAY BE ISSUED AND TRANSFERRED TO A LEASED VEHICLE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTION FOR AD VALOREM TAXES, SO AS TO PROVIDE THAT A LEASED VEHICLE WITH A PURPLE HEART LICENSE PLATE IS EXEMPT FROM AD VALOREM TAXATION.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was referred to the Committee on Finance.
The following were introduced:
S. 1126 -- Senators Matthews, Washington, Patterson, Jackson and Ford: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CLOSING VOTER REGISTRATION BOOKS, SO AS TO PROVIDE FOR REGISTRATION ON ELECTION DAY; AND TO REPEAL SECTION 7-5-180 RELATING TO THE PROCEDURE FOR REGISTRATION WHEN QUALIFICATION IS COMPLETED AFTER CLOSING OF THE BOOKS.
Read the first time and referred to the Committee on Judiciary.
S. 1127 -- Senators McConnell, Passailaigue, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LIMITATION ON ANNUAL EXPENDITURES OF STATE GOVERNMENT, SO AS TO REQUIRE THAT FUNDS DEPOSITED IN THE STATE HIGHWAY FUND BE USED FOR THE PURPOSES FOR WHICH THEY WERE RAISED AND TO PROHIBIT STATE HIGHWAY FUNDS FROM BEING TRANSFERRED TO THE GENERAL FUND FOR GENERAL APPROPRIATIONS.
Read the first time and referred to the Committee on Finance.
S. 1128 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
Read the first time and referred to the Committee on Judiciary.
S. 1129 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE IN SCHOOL DIRECTLY FROM AN AVAILABLE SUPPLIER WHEN NEEDED FOR INSTRUCTION BY THE SCHOOL DISTRICT IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; BY ADDING SECTION 59-31-75 SO AS TO PROVIDE THAT NO PUBLIC SCHOOL OF THIS STATE MAY OFFER A COURSE TO STUDENTS FOR WHICH ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE TO BE USED IN THE COURSE, OR ON ORDER WITH A CONFIRMED DELIVERY DATE OF PRIOR TO THE BEGINNING DATE OF THE COURSE; AND BY ADDING SECTION 59-31-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO REPORT ANNUALLY TO THE STATE SUPERINTENDENT OF EDUCATION THE TEXTBOOKS IT DOES NOT HAVE AVAILABLE FOR STUDENTS DURING THE CURRENT SCHOOL YEAR, THE REASONS FOR THE SHORTAGE, THE CORRECTIVE ACTION ATTEMPTED TO ALLEVIATE THE SHORTAGE, AND THE PROJECTED DOLLAR SHORTAGE FOR NEEDED TEXTBOOKS FOR THE NEXT SCHOOL YEAR, TO REQUIRE THE SUPERINTENDENT OF EDUCATION TO COMPILE AND SUMMARIZE THESE REPORTS AND SUBMIT THEM TO THE GENERAL ASSEMBLY, TO REQUIRE THE GENERAL ASSEMBLY TO FUND THESE TEXTBOOK NEEDS FOR THE NEXT SCHOOL YEAR AS REFLECTED IN THE SUMMARY OF THE SUPERINTENDENT OF EDUCATION BEFORE ANY OTHER APPROPRIATIONS FOR PUBLIC EDUCATION MAY BE MADE, AND TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE IF THE FUNDING PROVIDED FOR TEXTBOOKS IS LESS THAN WHAT IS REFLECTED IN THE REPORT OF THE SUPERINTENDENT OF EDUCATION.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 1130 -- Senator Martin: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THE FEE BY FIFTY DOLLARS TO BE REMITTED TO THE LAW ENFORCEMENT AGENCY THAT INITIATED THE USE.
Read the first time and referred to the Committee on Finance.
S. 1131 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
Senators MARTIN, HOLLAND, DRUMMOND and PATTERSON spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 1132 -- Senators Williams, 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, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND ROBERT J. IVEY, PRINCIPAL DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, UPON HIS RETIREMENT FOR HIS EXEMPLARY SERVICE TO THE DEPARTMENT OF PUBLIC SAFETY AND HIS DEDICATION TO SOUTH CAROLINA LAW ENFORCEMENT, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
Whereas, Mr. Robert J. Ivey, is a native of Union, South Carolina, who has given many years of dedicated and loyal service in law enforcement; and
Whereas, he dutifully served his country for thirty years with the Federal Bureau of Investigation and served as special agent in charge of the South Carolina division the last five years he served prior to retiring from the FBI; and
Whereas, whenever Bob Ivey is called upon by the leaders of this State, he responds with time, dedication, and commitment, and
Whereas, he left retirement in 1990 to return to law enforcement as a SLED agent, where his wealth of experience and knowledge proved to be an invaluable asset; and
Whereas, his dedication to duty and proven leadership skills led the Governor to appoint him as Commissioner of the Alcoholic Beverage Control Commission, a position he faithfully filled until the merger of the Alcoholic Beverage Control Commission with the Department of Revenue and SLED; and
Whereas, his extraordinary talents in the field of law enforcement led to his appointment as Principal Deputy Director of the Department of Public Safety; and
Whereas, his knowledge and expertise has been instrumental in the establishment of a new department of state government, the Department of Public Safety; and
Whereas, his tireless endeavors to support the men and women of the law enforcement community led to his participation and membership in numerous professional societies, associations, and state committees; and
Whereas, the members of the Senate, by this resolution, would like to publicly recognize and commend this gentleman for his many years of public service to his country and to his State. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, recognize and commend Robert J. Ivey, upon his retirement, for his dedicated and exemplary service to the Department of Public Safety as Principal Deputy Director, and express deep appreciation to Robert J. Ivey for his many years of outstanding service to the law enforcement community in general.
Be it further resolved that a copy of this resolution be forwarded to Governor Carroll A. Campbell, Jr.; Mr. B. Boykin Rose, Director of the Department of Public Safety; and Mr. Robert J. Ivey, Principal Deputy Director of the Department of Public Safety.
The Senate Resolution was adopted.
H. 4658 -- Reps. Rogers, Waites, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING LOU A. FONTANA OF RICHLAND COUNTY ON BEING NAMED DIRECTOR OF PUBLIC INFORMATION OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND WISHING HIM THE BEST IN HIS NEW POSITION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4671 -- Rep. Wright: A CONCURRENT RESOLUTION TO SALUTE MR. LAWRENCE E. FRIENDLY OF LEXINGTON COUNTY AND HIS COURAGEOUS FIGHTING SPIRIT AS HE CONTINUES TO BRAVELY BATTLE CANCER AND AS HE SERVES AS AN INSPIRING EXAMPLE FOR ALL WHO KNOW HIM.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
S. 453 -- Senator Hayes: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 628 -- Senators Rankin, Drummond and J. Verne Smith: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIA FOR PAYMENT OF PROPERTY TAXES, SO AS TO ALLOW PAYMENT OF PROPERTY TAXES BY CREDIT CARD AND TO DELETE OBSOLETE METHODS OF PAYMENT.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 3880 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE FROM WHICH FOOD PRODUCTS ARE SOLD FOR CONSUMPTION MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Girl Scout Councils of S.C. to attend a midday reception at the Lower Lobby (State House) on Tuesday, February 8, 1994, beginning at 1:30 P.M. or immediately upon adjournment.
Courson Peeler Wilson
Matthews Patterson Stilwell
O'Dell Passailaigue
Thomas Russell
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
The House returned the Bill with amendments.
Senator McCONNELL explained the House amendment.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
The House returned the Bill with amendments.
Senator ROSE explained the House amendment.
On motion of Senator ROSE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1125 -- Senator Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ERNEST "SON" TASTE OF ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.
(By prior motion of Senator LEATHERMAN, with unanimous consent)
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
Senator COURTNEY explained the Bill.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.
S. 1106 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING, RECORDKEEPING, AND BUSINESS PRACTICES OF PHYSICAL FITNESS SERVICES CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1630, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MACAULAY explained the Joint Resolution.
S. 42 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
S. 771 -- 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.
S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.
On motion of Senator STILWELL, with unanimous consent, S. 1020 was ordered to receive a third reading on Friday, February 4, 1994.
S. 33 -- Senators Passailaigue and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT LAWS ENACTED TO MAINTAIN CONFORMITY OF THE STATE INCOME TAX WITH THE PROVISIONS OF THE FEDERAL INCOME TAX MAY NOT RESULT IN INCREASES OR DECREASES IN THE STATE INCOME TAX LIABILITY OF SIMILAR REPRESENTATIVE CLASSES OF INDIVIDUAL AND CORPORATE TAXPAYERS.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (JIC\5448HC.94), which was adopted:
Amend the resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. It is proposed that Article X of the Constitution of this State be amended by adding an appropriately numbered section to read:
"SECTION ___. If laws enacted to conform the state income tax to provisions of the federal Internal Revenue Code result in a net increase in state income tax revenues due solely to the conforming legislation, the General Assembly shall revise the laws imposing the state income tax so as to eliminate this net increase."/
Amend further, in SECTION 2, by striking the question and inserting:
/Must Article X of the Constitution of this State relating to finance and taxation be amended by adding an appropriately numbered section so as to provide that, if laws enacted to conform the state income tax to federal income tax laws result in a net increase in state income tax revenue solely due to the conforming legislation, the General Assembly shall revise the laws imposing the state income tax so as to eliminate such an increase?/
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
On motion of Senators LEATHERMAN and MARTIN, with unanimous consent, the Resolution was amended and carried over.
S. 139 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO REQUIRE THE COURT TO INCLUDE A SIXTY-DAY NOTICE REQUIREMENT IN A CUSTODY ORDER WHEN A PARENT OR OTHER PERSON INTENDS TO RELOCATE THE PERMANENT RESIDENCE OF A CHILD.
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 (JUD139.007), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 21, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1530. In an order or decree containing provisions for child custody or visitation, on request of any party to the action contained in a pleading, the court shall include a requirement that advance written notice, in a length of time to be determined by the court, be made to the other party or parties by a party intending to relocate the permanent residence of a child outside the State of South Carolina except in cases where the court determines (1) that there is sufficient reason not to require the notice or (2) that it is in the best interests of the child not to require the notice." /
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 312 -- Senators McConnell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE FACTORS THE COURT MAY CONSIDER AS CONSTITUTING A SUBSTANTIAL CHANGE OF CIRCUMSTANCES FOR CHANGING CHILD CUSTODY.
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 (JUD312.002), which was adopted:
Amend the bill, as and if amended, page 1, line 27, in Section 20-7-1540(1), as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:
/ (1) a pattern of intentional withholding of visitation of a /.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 338 -- Senators McConnell and Courtney: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES, AND ALSO TO PROVIDE THAT THE COURT MAY CONSIDER THE PASSAGE OF TIME SINCE THE ISSUANCE OF AN EXISTING CHILD SUPPORT ORDER OR THE FINANCIAL IMPOSSIBILITY TO MEET ONE'S CHILD SUPPORT OBLIGATION IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER.
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 (JUD338.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-852 of the 1976 Code, as added by Act 195 of 1989, is amended to read:
"Section 20-7-852. (A) In any proceeding in which for the award of child support is in issue, there shall be a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.
(C) The court shall consider the following factors which can be possible reasons for deviation from the guidelines or can be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:
(1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;
(2) equitable distribution of property;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the noncustodial parent or non-court ordered child support from another relationship;
(8) child-related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by court or operation of law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;
(12) alimony. Because of their unique nature, lumpsum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines;
(13) agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.
(C) (D) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
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 (JUD872.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 19, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 20-7-420 (33) of the 1976 Code is amended to read:
"(33) To order periods of visitation for the grandparents of the a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint." /
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3379 -- Rep. Haskins: A BILL TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL COSTS AND AMOUNTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (CYY\15669AC.94), which was adopted:
Amend the bill, as and if amended, by inserting /reasonable/ before /costs/ on page 1, line 41 and on page 2, line 6.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1124 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-200 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS, SO AS TO INCREASE THE SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURTNEY explained the Bill.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was referred to the Committee on Finance.
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.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration. The question being the third reading of the Bill.
On motion of Senator HOLLAND, the Bill was carried over in the status of Interrupted Debate.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
Appointment, Dorchester County Master-in-Equity, effective September 1, 1993, with term to expire June 30, 1998:
Patrick Robert Watts, Esquire, 111 Sweetbriar Road, Summerville, S.C. 29485 VICE Honorable Gene Dukes
MOTION ADOPTED
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles Samuel Wells of Anderson, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, February 4, 1994, it stand adjourned to meet next Tuesday, February 8, 1994, at 12:00 Noon, which motion was adopted.
At 12:16 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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