of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS AND TO PROVIDE THAT THE GEOGRAPHICAL COORDINATES OF THE HUNLEY'S LOCATION ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
S. 1016 -- Senator Martin: A BILL TO AMEND SECTION 16-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.
S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
S. 1023 -- Senators Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOSIE G. GASTON FOR HER DISTINGUISHED CAREER IN PUBLIC OFFICE AND FOR HER LOYAL AND UNFLAGGING SERVICE TO THE FAIRFIELD COUNTY SCHOOL BOARD OF TRUSTEES AND HER SERVICE AS AN OFFICER, DIRECTOR, AND 1995 PRESIDENT OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
S. 1025 -- Senator Martin: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO TAKE THE NECESSARY STEPS TO RENAME THE NORTH FISHTRAP ROAD BRIDGE (SC 37) IN PICKENS COUNTY IN HONOR OF THE LATE SAMUEL H. LUSK.
S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH-WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-WATER MARK AND THE LOW-WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.
S. 1032 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM FOR NONVIOLENT OFFENDERS, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY FROM CIVIL LIABILITY FOR DISCLOSURE OF CERTAIN INFORMATION REGARDING A CURRENT OR FORMER EMPLOYEE TO A PERSPECTIVE EMPLOYER OF THAT EMPLOYEE AND TO PROVIDE EXCEPTIONS.
S. 1042 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICT 55, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH, 1996, TO THE FIRST TUESDAY IN MARCH, 1997.
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
S. 1047 -- Senator McConnell: A BILL TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE RELEASED ON THEIR OWN RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME THE RELEASE OF AN ACCUSED VIOLENT CRIME OFFENDER WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY SUBJECT TO REBUTTAL BY THE ACCUSED OFFENDER.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR.
S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
S. 1053 -- Senator Bryan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CECIL GARRETT, OF LAURENS, A PROMINENT CIVIC LEADER AND COUNTY TREASURER, UPON HIS DEATH.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR OTHER TRANSMISSION OR GENERATING FACILITIES OR FOR FACILITIES FOR DISTRIBUTION OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY, AND PROVIDE THAT A JOINT AGENCY MAY NOT ACQUIRE OR PURCHASE PROJECTS OR CAPACITY IF, AFTER PURCHASE OR ACQUISITION, THE JOINT POWER AGENCY WOULD OWN, CONTRACT FOR, OR CONTROL GENERATING RESOURCES EXCEEDING ONE HUNDRED EIGHTY-FIVE PERCENT OF THE MEMBER MUNICIPALITIES HISTORICAL TERRITORIAL PEAK, DELETE AS A DETERMINING FACTOR AS TO WHETHER IT IS BENEFICIAL TO THE JOINT AGENCY REFERENCES TO AN ELECTRICAL SUPPLIER SERVING THE COUNTIES OR COUNTY WITHIN WHICH ANY MEMBER MUNICIPALITIES ARE LOCATED; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, DELETE A REFERENCE TO SECTION 6-23-120, AND AUTHORIZE ANY PORTION OF A PROJECT TO BE ACQUIRED, PROVIDE FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY ELECTRIC SUPPLIER WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE, AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; TO AMEND SECTION 6-23-20, RELATING TO DEFINITIONS USED IN THE "JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT", SO AS TO REDEFINE "ELECTRIC SUPPLIER" AND "PROJECT"; BY ADDING SECTION 6-23-235 SO AS TO MAKE A PORTION OF SECTION 6-21-400 NOT APPLICABLE TO A JOINT AGENCY ISSUING BONDS PURSUANT TO THE PROVISIONS OF CHAPTER 21 OF TITLE 6 (REVENUE BOND ACT FOR UTILITIES); BY ADDING SECTION 6-23-335 SO AS TO PROVIDE THAT NOTHING IN CHAPTER 23 OF TITLE 6 MAY BE INTERPRETED TO AUTHORIZE A JOINT AGENCY TO PROVIDE, DISTRIBUTE, MARKET, OR SELL ELECTRIC ENERGY OR SERVICE TO RETAIL CUSTOMERS; BY ADDING SECTION 6-23-340 SO AS TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE DEEMED OR CONSTRUED TO AMEND, SUPPLEMENT, MODIFY, OR OTHERWISE ALTER OR AFFECT THE PROVISIONS OF CONTRACTS ENTERED INTO BY A JOINT AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
Last Updated: Monday, June 29, 2009 at 1:46 P.M.