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, St. Paul wrote to the Ephesians, (NRSV) Chapter 4 (32):
"And be kind to one another, tender
hearted, forgiving one another, as God
in Christ has forgiven you. Therefore
be imitators of God, as beloved children."
Let us pray.
Our Father, we thank You for this new day, resplendent in the beauty of springtime.
We thank You for work to do and strength with which to do it.
As we come to our tasks today, give us a sense of the Divine Presence that, whether at home or in Caesar's House, we may
say,
"O make me Thine forever, and should I
fainting be,
Lord, let me never, never, outlive
my love for Thee."
Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Ford Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators REESE and GIESE recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1826
Promulgated by Department of Health and Environmental Control: Coastal Council
Permitting in the Coastal Zone
Received by Lt. Governor January 25, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 25, 1995
Senator J. VERNE SMITH introduced Dr. John Evans of Greenville, S.C., Doctor of the Day.
The following were introduced:
S. 658 -- Senator Waldrep: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; TO AMEND SECTION 2-19-20, RELATING TO THE FILING OF THE NOTICE OF INTENTION WITH THE COMMITTEE, SO AS TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY BE ELECTED TO A JUDICIAL OFFICE WHILE SERVING IN THE GENERAL ASSEMBLY; TO AMEND SECTION 2-19-30, RELATING TO HEARINGS ON QUALIFICATIONS OF CANDIDATES, SO AS TO PROVIDE THAT THE COMMITTEE MUST MAKE SPECIFIC FINDINGS AS TO EACH CANDIDATE'S QUALIFICATIONS; TO AMEND SECTION 2-19-80, RELATING TO REOPENING OF FILING WHERE AN INCUMBENT JUDGE WITHDRAWS, DIES, OR IS FOUND NOT QUALIFIED, SO AS TO ADD A REFERENCE TO ADMINISTRATIVE LAW JUDGES; AND TO ADD SECTION 2-19-90 SO AS TO ESTABLISH A PROCEDURE FOR THE SOUTH CAROLINA BAR ASSOCIATION TO PROVIDE ASSESSMENTS CONCERNING CANDIDATES FOR JUDICIAL OFFICES TO THE JOINT LEGISLATIVE COMMITTEE REVIEWING CANDIDATES FOR THESE OFFICES.
Read the first time and referred to the Committee on Judiciary.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Read the first time and referred to the Committee on Judiciary.
S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.
Read the first time and referred to the Committee on Judiciary.
S. 661 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-290, SO AS TO PROVIDE THAT REAL ESTATE TRUST FUNDS MAY BE PLACED IN INTEREST-BEARING ACCOUNTS, THAT INTEREST EARNED SHALL BELONG TO THE OWNER OF THE FUNDS UNLESS OTHERWISE AGREED TO IN WRITING, THAT SUCH WRITING SHALL BE A SEPARATE DOCUMENT STATING THAT THE OWNER OF THE FUNDS HAS BEEN INFORMED THAT INTEREST EARNED ON HIS FUNDS SHALL ACCRUE TO HIS BENEFIT BUT THAT THE OWNER DESIRES THE INTEREST TO GO TO ANOTHER PARTY, AND THAT THIS REQUIREMENT SHALL NOT APPLY TO RENTAL MONIES WHERE THOSE MONIES ARE SUBJECT TO THE SALES TAX ON ACCOMMODATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Read the first time and ordered placed on the Calendar without reference.
S. 663 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST RESPECTED CITIZENS, GEORGE ANDERSON DOUGLAS, SR., OF ROCK HILL, WHO PASSED AWAY FRIDAY, MARCH 3, 1995.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 664 -- Senators J. Verne Smith, Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. CHRISTINE DAVIS, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL SECONDARY ART EDUCATOR OF THE YEAR.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 665 -- Senators J. Verne Smith, Martin and Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, MS. ELIZABETH SMITH, THE RECIPIENT OF THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) DISTINGUISHED SERVICE AWARD.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 666 -- Senators J. Verne Smith, Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. MARGARET JOHNSON, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL HIGHER EDUCATION DIVISION ART EDUCATOR OF THE YEAR.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Read the first time and referred to the Committee on Transportation.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
Senator COURSON from the Committee on Invitations polled out H. 3823 favorable:
H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Adopted
H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Independent Banks of S.C. to attend a reception at the Summit Club on Tuesday, April 4, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Horsemen's Council and S.C. Thoroughbred Owners and Breeders Assn. to attend a reception at 300 Senate Street on Wednesday, April 5, 1995, from 6:00 until 8:00 P.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Arts Alliance to attend a breakfast reception in the Lower Lobby of the State House on Thursday, April 6, 1995, from 9:30 until 11:00 A.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Clemson University Division of Agriculture and Natural Resources to attend a Social and Dinner at the Columbia Woman's Club, 1703 Blossom Street on Tuesday, April 11, 1995, from 6:00 until 7:00 P.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Transportation Assn. of S.C. to attend a breakfast at the Ramada Town House on Wednesday, April 12, 1995, from 8:00 until 9:00 A.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Home Builders Assn. of S.C. to attend a Bird Supper at the Moore Building, State Fairgrounds on Tuesday, April 18, 1995, from 6:30 until 8:30 P.M.
AYES
Courson Peeler Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Wilson O'Dell Rose
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.
H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.
H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.
H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.
Senator LEVENTIS explained the Bill.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Minority Report was withdrawn from H. 3361.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Resolution was taken up for immediate consideration.
Senator PASSAILAIGUE spoke on the Resolution.
On motion of Senator DRUMMOND, with unanimous consent, staff members from the Senate Finance Committee were admitted to the floor of the Senate Chamber while debate was in progress on H. 3361, the Supplemental Appropriations Bill.
Senators PASSAILAIGUE, McCONNELL, RICHTER and FORD proposed the following Amendment No. A (3361R004.), which was adopted:
Amend the committee amendment, as and if amended, page 2, by inserting an appropriately numbered SECTION to read:
/SECTION ___. The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on Economic Development shall be reduced by an amount equal to the value of the capital assets of the improvements made by the Patriot's Point Development Authority from the proceeds of the loan. The value of the capital assets shall be determined by the Budget and Control Board./
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator RYBERG asked that his name be listed as desiring to be present on the Resolution and asked unanimous consent to make a motion to carry over the Resolution.
Senator PASSAILAIGUE objected.
Senator PASSAILAIGUE continued speaking on the amendment.
Senator RYBERG raised a Point of Order that noting his desire to be present had the effect of an objection to further consideration of the Resolution inasmuch as the matter had become contested and the Senate was currently in the Uncontested Call of the Calendar.
Senators THOMAS, MARTIN, SETZLER, McCONNELL and J. VERNE SMITH spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator RYBERG was out of order inasmuch as it came too late.
The PRESIDENT sustained the Point of Order.
With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND asked unanimous consent to address the body.
There was no objection.
Senator DRUMMOND spoke on the Resolution.
Senator PASSAILAIGUE resumed speaking on the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Amendment No. A was adopted.
Senators RYBERG, MOORE and SETZLER proposed the following Amendment No. B (3361R007.WGR), which was adopted:
Amend the committee report, as and if amended, page 3361-1, by striking SECTION 3 in its entirety and inserting in lieu thereof the following:
/SECTION 3. Of the funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000 may be expended by the State Budget and Control Board in support of (1) any South Carolina military facility or activity identified as being at risk of closure by the Base Closure and Realignment Commission and/or (2) any other federal facility for which the reduction in forces or activities will result in the loss of three thousand five hundred or more jobs, as projected or announced by the federal government. These expenditures must be made in consultation with the leadership of the affected local community, but in no instance may more than $500,000 be used in support of any single entity or activity. If not committed by May 31, 1995, or sooner if released by the State Budget and Control Board, any remaining funds may be expended as appropriate by the Coordinating Council for Economic Development./
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
The Finance Committee proposed the following amendment (JIC\5416HTC.95), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, page 1, by striking item (8) on lines 41 and 42 and inserting:
/(8) Department of Mental Health
School-based Counseling Services 200,000/
Amend further, SECTION 1, page 2, opposite /Formula/ on line 2 by striking /2,756,993/ and inserting /2,981,993/.
Amend further, page 2, by striking SECTION 3 and inserting:
/SECTION 3. Of the funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000 may be expended by the State Budget and Control Board in support of any South Carolina military facility or activity identified as being at risk of closure by the Base Closure and Realignment Commission. These expenditures must be made in consultation with the leadership of the affected local community base closure defense committee, but in no instance may more than $500,000 be used in support of any single entity or activity. If not committed by May 31, 1995, or sooner if released by the State Budget and Control Board, any remaining funds may be expended as appropriate by the Coordinating Council for Economic Development.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Senators PASSAILAIGUE, McCONNELL, RICHTER and FORD proposed the following Amendment No. 1 (3361R005.ELP), which was adopted:
Amend the joint resolution, as and if amended, page 1, line 26, by striking / 5,000,000 / and inserting:
/4,700,000/.
Amend the joint resolution further, as and if amended, page 2, after line 2, by inserting:
/( ) University of Charleston
Center for Entrepreneurship 300,000/.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
I wish the Journal to reflect that I abstained from voting on Amendment No. 1, as well as any other matters relating to consideration of this amendment.
Senator MOORE proposed the following Amendment No. 2 (3361R008.TLM), which was adopted:
Amend the joint resolution, as and if amended, item (3), as contained in SECTION 1, page 1, line 26, by striking /4,700,000/ and inserting /4,275,000/.
Amend the resolution further, by inserting an appropriately numbered item immediately after line 2 to read:
/( ) John de la Howe
Sewer repairs 425,000/.
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Resolution was read the third time, passed and ordered returned to the House with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
S. 503 -- Senator Stilwell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
Senator PEELER explained the Bill.
S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
S. 154 -- Senators McConnell, Rose, Courson, Reese and Elliott: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER, THE CHARGE FOR WHICH MUST BE THE RENEWAL FEE CHARGED FOR A REGULAR PLATE.
S. 179 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.
S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
(By prior motion of Senator MOORE, with unanimous consent)
S. 184 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD BY REGULATION TO PRESCRIBE THE USE OF PHONICS IN TEACHING READING AND TO PROVIDE IN-SERVICE TRAINING IN PHONICS.
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.
S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.
S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.
S. 524 -- Senator Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.
S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.
S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.
S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.
S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.
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 (JUD0027.003), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof of them. The commissioners also shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election also shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days before a prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
It must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office Office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."/
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator LANDER argued contra to the adoption of the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
On motion of Senator COURTNEY, H. 3796 was ordered to receive a third reading on Friday, March 24, 1995.
H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.
Senator LAND explained the Bill.
S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.
S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.
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 (JUD0096.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-13-175. (A) In addition to the penalties for larceny of property where the value of the property is more than one thousand dollars, the motor vehicle used in the commission of the larceny may be confiscated and forfeited to the jurisdiction where the larceny occurred if the offender is the registered owner of the motor vehicle and the offender used the motor vehicle during the commission of the offense.
(B) A motor vehicle subject to confiscation and forfeiture under this section may be confiscated by any law enforcement officer upon a warrant issued by any court having jurisdiction or upon probable cause to believe that the motor vehicle was used pursuant to subsection (A). The confiscating officer shall deliver the motor vehicle immediately to the sheriff of the county where the larceny occurred, or the chief of police of the jurisdiction where the larceny occurred, or their authorized agents. The sheriff, chief of police, or their authorized agents shall notify the registered owner of the motor vehicle by certified mail within seventy-two hours of the confiscation. Upon such notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The confiscation hearing must be held within ten days from the date of receipt of the request. The motor vehicle must remain confiscated unless the registered owner can show by a preponderance of the evidence that the confiscation and forfeiture would cause an undue hardship on his family.
The sheriff, chief of police, or the authorized agent in possession of the motor vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(C) Upon the conviction of the person owning and using the motor vehicle in the larceny of property valued at more than one thousand dollars, or upon his plea of guilty or nolo contendere to this offense, the sheriff, chief of police, or the authorized agent may initiate an action in the circuit court of the county in which the motor vehicle was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the motor vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the motor vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the motor vehicle to appear at this proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, may order that the motor vehicle be forfeited to the sheriff or the chief of police and sold as provided in this section, or returned to the registered owner. The court may order a motor vehicle returned to the registered owner if it is shown by a preponderance of the evidence that forfeiture of the motor vehicle would cause an undue hardship on the registered owner's family. Forfeiture of a motor vehicle is subordinate in priority to all valid liens and encumbrances.
(D) If the person fails to file an appeal within ten days after the conviction, the forfeited motor vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the motor vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.
(E) All costs relating to the confiscation and forfeiture of a motor vehicle under this section, including expenses for court costs and storage of the motor vehicle, must be paid from the proceeds of the sale of the motor vehicle."
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. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (GJK\21570SD.95), which was adopted:
Amend the bill, as and if amended, in Section 8-11-640 of the 1976 Code, as contained in SECTION 1, by striking the first paragraph and inserting:
/All employees of the State as of June 2, 1972, shall receive full credit for employment prior to such date. Following the date of June 2, 1972, all employees who are rehired following a break in service shall be given credit for prior state service to a maximum of ten years for purposes of computing bonus earnings. In the event an employee transfers from one state agency to another, his annual leave balance shall also be transferred./
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators HOLLAND and BRYAN proposed the following amendment (JUD0600.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. Section 62-3-306(b) of the 1976 Code is amended to read:
"(b) If an informal probate is granted, within thirty days thereafter the applicant shall give written information of the probate to: the heirs (determined as if the decedent died intestate) and devisees
(1) the devisees named in the will, if the will effectively disposes of the decedent's estate; or
(2) the heirs, if the decedent died intestate; or
(3) the heirs (determined as if the decedent died intestate) and devisees, if there is partial intestacy.
The information must include the name and address of the applicant, the date of execution of the will, and any codicil thereto, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. No duty to give information is incurred if a personal representative is appointed who is required to give the written information required by Section 62-3-705. An applicant's failure to give information as required by this section is a breach of his duty to the heirs and devisees but does not affect the validity of the probate."
SECTION 3. Section 62-3-705 of the 1976 Code is amended to read:
"Section 62-3-705. Not later than thirty days after his appointment every personal representative, except any special administrator, shall give information of his appointment to: the heirs (regardless of whether the decedent died intestate and determined as if the decedent died intestate) and devisees
(1) the devisees named in the will, if the will effectively disposes of the decedent's estate, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative; or
(2) the heirs, if the decedent died intestate; or
(3) the heirs (determined as if the decedent died intestate) and devisees, if there is partial intestacy.
The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information must include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, and describe the court where papers relating to the estate are on file. The personal representative's failure to give this information is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers, or other duties. A personal representative may inform other persons of his appointment by delivery or ordinary first class mail."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 657 -- Judiciary Committee: A CONCURRENT RESOLUTION DIRECTING STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS TO PRINT CERTAIN INFORMATION UPON ALL COMMUNICATIONS.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 10A (41R015.LER) proposed by Senator RICHTER and previously printed in the Journal of Wednesday, March 22, 1995.
Senator RICHTER explained the amendment.
Senator BRYAN asked unanimous consent to make a motion to take up for immediate consideration any amendments to Amendment No. 10A.
There was no objection.
Senator BRYAN proposed the following Amendment No. 10-4A (JUD0041.025), which was adopted:
Amend the amendment, as and if amended, page 5, in Section 17-25-45, as contained in SECTION 1, by inserting after the word /solicitor./ an appropriately numbered subsection to read:
/( ) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and
(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances./
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-4A.
Senator BRYAN proposed the following Amendment No. 10-5A (JUD0041.029), which was adopted:
Amend the amendment, as and if amended, page 5, in Section 17-25-45, as contained in SECTION 1, by inserting after the word /solicitor./ an appropriately numbered subsection to read:
/( ) For the purpose of determining a conviction under this section only, where more than one included offense is committed in a single incident of criminal conduct, such multiple offenses must be treated for purposes of this section as one offense./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-5A.
Senator PATTERSON proposed the following Amendment No. 10-6A (41R023.KP), which was adopted:
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, beginning after "44-53-370(e) Trafficking in controlled substances" by striking the remaining subitems through and including "44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more" and inserting in lieu thereof:
/44-53-375(C) Trafficking in ice, crank, or crack cocaine /
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-6A.
Senator JACKSON proposed the following Amendment No. 10-8A (41R030.DJ), which was adopted:
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, by inserting before "16-3-220 Lynching First Degree" the following:
/12-7-2750 Tax evasion/
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, by inserting after "16-3-810 Engaging child for sexual performance" the following:
/16-9-210 through 290 Bribery, corruption of jurors and the like /
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, by inserting after "16-11-312(B) Burgulary Second Degree" the following:
/16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540 Insurance fraud/
Amend title to conform.
Senator JACKSON explained the amendment.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-8A.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1 (JUD0041.007), previously carried over and printed in the Journal on March 1, 1995, was withdrawn.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 2 (JUD0041.008), previously carried over and printed in the Journal of Wednesday, March 1, 1995, was withdrawn.
The question then was the adoption of Amendment No. 10A, as amended.
Senator RICHTER moved that the amendment be adopted.
Amendment No. 10A, as amended, (41R022.ler) was adopted, as follows:
Amend the committee report, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:
"(1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
(A) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more convictions for:
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2) above.
(B) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this subsection
16-1-80 Attempt, for any offense enumerated in this subsection
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85 Homicide by child abuse
16-3-210 Lynching, first degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual conduct
16-3-910 Kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330 Armed robbery
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control devices or railroad
(B)(3) signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results.
(2) 'Serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
12-7-2750 Tax evasion
16-3-220 Lynching, second degree
16-3-810 Engaging child for sexual performance
16-9-210
through 290 Bribery, corruption of jurors and the like
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540 Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B) Distribute, sell, or manufacture, or possess with
(1) & (2) intent to distribute controlled substances within proximity of school
56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b).
(3) 'Conviction' means any conviction, guilty plea or plea of nolo contendere.
(D) No person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good time credits, and any similar program for early release.
(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and
(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances.
(F) For the purpose of determining a conviction under this section only, where more than one included offense is committed in a single incident of criminal conduct, such multiple offenses must be treated for purposes of this section as one offense.
B. For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.
A conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."
SECTION 2. This act takes effect upon approval by the Governor./.
Amend title to conform.
The question then was the adoption of the amendment proposed by the Committee on Judiciary, as perfected by Amendment No. 10A.
The committee amendment, as perfected, was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10A, as amended.
The question then was the second reading of the Bill.
Senator HAYES argued contra to the second reading of the Bill.
Senator PATTERSON spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senators HAYES, WALDREP and FORD desired to be recorded as voting against the second reading of the Bill.
I cannot support the Bill because it will provide for life imprisonment without parole for offenses that are not serious enough to warrant such a penalty.
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 1:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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