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:
Hear the Prophet Daniel as Antiochus brought his campaign to Jerusalem (NRSV. 11:32):
"He shall seduce with intrigue those
who violate the covenant; but the peo-
ple who are loyal to their God shall
stand firm and take action. The wise
among the people shall give understanding
to many..."
Let us pray.
O God of olden times and of our days: You have been the strength of the weak in every age and the strong fortress of the righteous.
We thank You for the examples of strong faith that have come down through the years, even as Daniel in his day, when heathen altars were set up in the Temple of the True God.
Lest history repeat itself, renew and replenish in the character of our people that which is emblazoned on the coin of our realm: "IN GOD WE TRUST."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 13, 1995
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,
David M. Beasley
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1992, and to expire June 30, 1996:
1st Congressional District:
Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451 VICE Mollie K. DuPriest (resigned)
Referred to the Committee on Corrections and Penology.
March 16, 1995
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,
David M. Beasley
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:
2nd Congressional District:
Ms. Julie M. Dever, 321 Southampton Drive, Irmo, S.C. 29063 VICE Mollie K. DuPriest (resigned)
Referred to the Committee on Corrections and Penology.
March 14, 1995
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,
David M. Beasley
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Mr. Joseph McDomick, Jr., P.O. Box 126, Saint Helena Island, S.C. 29920
Received as information.
March 22, 1995
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,
David M. Beasley
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Rita Ann Simmons, P.O. Box 22083, Hilton Head, S.C. 29925
Received as information.
March 23, 1995
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,
David M. Beasley
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable George B. Brown, 137 Stuart Town Road, Beaufort, S.C. 29902
Received as information.
March 24, 1995
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,
David M. Beasley
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Charles Louis Smith, P.O. Box 840, Bluffton, S.C. 29910
Received as information.
Senator DRUMMOND rose to a Point of Personal Interest.
Senator PASSAILAIGUE rose to a Point of Personal Interest.
Senator ROSE rose to a Point of Personal Interest.
Senator LEATHERMAN rose to a Point of Personal Interest.
The following were introduced:
S. 698 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 17 SO AS TO LIMIT PROPERTY TAX MILLAGE INCREASES, INCLUDING A MILLAGE INCREASE TO OFFSET A PRIOR YEAR DEFICIT, TO NO MORE THAN THE PERCENTAGE INCREASE IN THE SOUTHEASTERN CONSUMER PRICE INDEX IN THE LATEST COMPLETED CALENDAR YEAR AND TO PROVIDE FOR EXCEPTIONS TO THE LIMITATION IN THE CASE OF MILLAGE FOR DEBT SERVICE APPROVED BY REFERENDUM, ANY OTHER MILLAGE APPROVED BY REFERENDUM, AND MILLAGE ATTRIBUTABLE TO PAY EXPENSES OF A NATURAL DISASTER OR TO OFFSET REDUCED STATE AID, IF APPROVED BY AT LEAST A TWO-THIRDS VOTE OF THE GOVERNING BODY AFTER NOTICE AND A PUBLIC HEARING.
Read the first time and referred to the Committee on Finance.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Read the first time and referred to the Committee on Finance.
S. 700 -- Senators Leventis, Thomas, Leatherman, Peeler, Giese, Courtney, Lander, Greg Smith, Mescher and Waldrep: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7(A), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATION ON ANNUAL EXPENDITURES OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR AN ANNUAL TAX SUFFICIENT TO DEFRAY ESTIMATED EXPENSES FOR EACH YEAR AND TO PROVIDE THAT, IF THE ORDINARY EXPENSES EXCEED THE INCOME OF THE STATE FOR SUCH YEAR, THEN THE GENERAL ASSEMBLY SHALL PROVIDE FOR LEVYING A TAX IN THE ENSUING YEAR SUFFICIENT, WITH OTHER SOURCES OF INCOME, TO PAY THE DEFICIENCY OF THE PRECEDING YEAR TOGETHER WITH THE ESTIMATED EXPENSES OF THE ENSUING YEAR.
Senator LEVENTIS spoke on the Resolution.
Read the first time and referred to the Committee on Finance.
S. 701 -- Senators Hayes, Wilson, Richter and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE NUMBER OF TESTS THAT MAY BE ADMINISTERED AND THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.
Read the first time and referred to the Committee on Judiciary.
S. 702 -- Senators Hayes, Wilson, Richter and Martin: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE.
Read the first time and referred to the Committee on Judiciary.
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Transportation.
S. 705 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1995 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC ENDOWMENT INCENTIVE TRUST FUND, THE DISBURSEMENTS FROM WHICH SHALL BE MATCHED BY THE STATE ON A FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS, NEED-BASED TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE QUALITY OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER EDUCATION IN AREAS DETERMINED TO BE OF CRITICAL NEED.
Read the first time and ordered placed on the Calendar without reference.
S. 706 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MRS. MARY "ZULA" BLACKWELL BAKER OF WARRENVILLE WHO DIED MONDAY, MARCH 13, 1995.
The Senate Resolution was adopted.
S. 707 -- Senator Courson: A SENATE RESOLUTION CONGRATULATING THE FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA'S INTERNATIONAL BUSINESS PROGRAM ON BEING RANKED THE NATION'S BEST BUSINESS PROGRAM FOR THE PAST SIX YEARS.
The Senate Resolution was adopted.
S. 708 -- Senators Alexander and Martin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROVIDE SUFFICIENT FUNDING OVER A FIVE-YEAR PERIOD FOR THE STATE OF SOUTH CAROLINA TO TAKE OVER THE OWNERSHIP AND OPERATION OF THE WALHALLA NATIONAL FISH HATCHERY IN OCONEE COUNTY WHICH THE UNITED STATES FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF INTERIOR IS SCHEDULED TO CLOSE IN NOVEMBER, 1995, OR IN THE ALTERNATIVE, CONGRESS IS REQUESTED TO CONTINUE TO PROVIDE SUFFICIENT FEDERAL FUNDING TO KEEP OPEN AND OPERATE THIS UNIQUE RESOURCE.
Whereas, the members of the General Assembly are very concerned to learn that beginning with its 1995-96 fiscal year, the federal government will not provide funding for the continued operation of the Walhalla National Fish Hatchery in Oconee County; and
Whereas, this fish hatchery has been owned and operated by the federal government for over sixty years and is the sole source of trout used to stock the streams, lakes, and rivers of South Carolina; and
Whereas, the economic impact of closing this fish hatchery would be devastating to South Carolina and our adjoining sister states and would adversely impact the economy of the Upstate region of our State where many communities rely heavily on hunting and fishing and the tourism and sportsmen it brings; and
Whereas, the State of South Carolina is very desirous of taking over ownership and control of the Walhalla National Fish Hatchery if it is closed. However, because of the high initial cost, South Carolina would need a five-year transition period in which the federal government would provide funding for the State to take over this facility, and thereafter the cost of operating this facility would be solely the responsibility of the State; and
Whereas, the members of the General Assembly, by this resolution, declare their belief that this unique wildlife resource should be saved and maintained for the benefit of future generations, and that the alternatives to closing this facility as contained in this resolution should be utilized. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, hereby memorialize the Congress of the United States to provide sufficient funding over a five-year period for the State of South Carolina to take over the ownership and operation of the Walhalla National Fish Hatchery in Oconee County which the United States Fish and Wildlife Service of the Department of Interior is scheduled to close in November, 1995, or in the alternative, Congress is requested to continue to provide sufficient federal funding to keep open and operate this unique resource.
Be it further resolved that copies of this resolution be forwarded to the United States Senate, the United States House of Representatives, and the members of South Carolina's Congressional Delegation.
Referred to the Committee on Fish, Game and Forestry.
H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.
Read the first time and referred to the Committee on Judiciary.
H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
Senator WILLIAMS from the Committee on Judiciary polled out H. 3736 favorable:
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
AYES
Williams Holland McConnell Wilson Stilwell Moore Russell Rose Courtney Cork Jackson Lander
NAYS
TOTAL--0
NOT VOTING
Saleeby Bryan Ford Glover Gregory Martin
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. School for Deaf and Blind to attend a luncheon in Room 211, Blatt Building on Wednesday, April 26, 1995, immediately upon adjournment and lasting until 2:00 P.M.
AYES
Courson Wilson Matthews Thomas Patterson Russell Passailaigue
TOTAL--0
NOT VOTING
Peeler O'Dell Rose
Order for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Junior Golf Association to attend a reception at the Moore Building, State Fairgrounds on Wednesday, April 26, 1995, from 6:00 until 9:00 P.M.
AYES
Courson Wilson Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler O'Dell Rose
Order for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Holocaust Council and Governor Beasley to attend a Holocaust 50th Anniversary Commemorative Service at the Holy Trinity Greek Orthodox Church Community Center (1931 Sumter Street) on Thursday, April 27, 1995, at 12:30 P.M.
AYES
Courson Wilson Matthews Thomas Patterson Russell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler O'Dell Rose
Order for consideration tomorrow.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
The House returned the Resolution with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
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. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
(By prior motion of Senator COURTNEY)
H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.
(By prior motion of Senator COURTNEY)
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
(By prior motion of Senator HOLLAND)
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 third reading of the Bill.
Senator JACKSON proposed the following Amendment No. 1 (41R035.DJ), which was adopted:
Amend the bill, as and if amended, page 1, line 36, by adding after the words /or more/ the following:
/prior/.
Amend the bill further, as and if amended, page 2, line 5, by adding after the words / or more / the following:
/prior/.
Amend the bill further, as and if amended, page 2, by striking line 15 and inserting in lieu thereof the following:
/item/.
Amend the bill further, as and if amended, page 2, by striking line 17 and inserting in lieu thereof the following:
/item/.
Amend the bill further, as and if amended, page 2, by striking line 22 and inserting in lieu thereof the following:
/16-3-85(B)(1) Homicide by child abuse
16-3-85(B)(2) Aiding and abetting, homicide by child abuse/.
Amend the bill further, as and if amended, page 3, by deleting lines 12 through 13 and inserting in lieu thereof the following:
/16-9-210 Giving or offering bribes to officers
16-9-220 Acceptance of bribes by officers
16-9-230 Acceptance of rebates or extra compensation
16-9-260 Corrupting jurors, arbitrators, umpires or referees
16-9-270 Acceptance of bribes by jurors, arbitrators, umpires or referees
16-9-290 Accepting bribes for purpose of procuring public office/
Amend the bill further, as and if amended, page 3, by striking line 19 and inserting in lieu thereof the following:
/38-55-540(3) Insurance fraud/
Amend title to conform.
Senator RICHTER explained the amendment.
Senator McCONNELL proposed the following Amendment No. 2A (JUD0041.034), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 29, in Section 17-25-45(C)(1), as contained in SECTION 1, by striking lines 29 through 34 and inserting therein the following:
/ 16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery/.
Amend title to conform.
Senator RICHTER explained the amendment.
Senator McCONNELL proposed the following Amendment No. 3 (JUD0041.031), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 17, in Section 17-25-45(F), as contained in SECTION 1, by striking lines 17 through 20 and inserting therein the following:
/(F) For the purpose of determining a conviction under this section only, where a person is convicted for multiple offenses which were committed during a single chain of circumstances or a single course of conduct or connected transactions or times so closely connected in point of time that they may be considered as one offense, such multiple convictions must be treated as one conviction./
Amend title to conform.
Senator RICHTER explained the amendment.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork* Courson Courtney Elliott Giese Gregory Holland Lander Leatherman Leventis Martin McConnell McGill* Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
NAYS
Ford Matthews Patterson Washington
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator COURSON spoke on the Bill.
S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (7R001.LAM) proposed by Senator MARTIN.
Senator MARTIN asked unanimous consent to make a motion to perfect the amendment.
There was no objection.
Senator MARTIN proposed the following Amendment No. 1A (7R002.LAM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-45. (A) The department may not issue a driver's license to a person eighteen years of age or under unless:
(1) the person has a high school diploma or certificate, or other evidence of graduation from high school; or a General Education Development Certificate; or
(2) the person acknowledges by an affirmation, provided on the license application form, that:
(a) indicates the applicant is currently enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education; and
(b) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable; and
(c) the person is not currently suspended from school.
(B) Upon notice from the local school board that a person licensed pursuant to the provision of this section has withdrawn from school and has not provided notice of enrollment in another school district, the department shall immediately suspend the driver's license of such person, unless an exception is granted pursuant to subsection (C).
(C) If the board of trustees of a school district determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically-related purposes, the department may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section.
(D) The term 'driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, and a beginner's permit.
(E) A suspension under this section does not require the filing of an SR-22 on the lifting of the suspension."
SECTION 2. This act takes effect July 1, 1995./
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
Senators J. VERNE SMITH, WALDREP, STILWELL, MOORE and PEELER desired to be recorded as voting against the third reading of the Bill.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.
At 12:40 P.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:00 P.M.
There was no objection and a message was sent to the House accordingly.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (10043JM.95) proposed by Senator BRYAN and previously printed in the Journal of Tuesday, April 4, 1995.
Senator MARTIN argued contra to the adoption of the amendment.
On motion of Senator BRYAN, with unanimous consent, Amendment No. 1 was carried over.
Senator MARTIN asked unanimous consent to make a motion to take up Amendment No. 12 for immediate consideration.
There was no objection.
Senator MARTIN proposed the following Amendment No. 12 (BBM\10066JM.95):
Amend the bill, as and if amended, by striking SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN spoke on the amendment.
Debate was interrupted by recess.
At 12:45 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:15 P.M.
The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.
Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courtney Drummond Elliott Giese Glover Gregory Hayes Holland Jackson Land Lander Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators SALEEBY, RUSSELL and FORD recorded their presence subsequent to the Call of the Senate.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 5, 1995, at 3:00 P.M. and the following Acts and Joint Resolution were ratified:
(R47) S. 312 -- Senator Alexander: AN ACT TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO PROVIDE THAT "TRADEMARK" ALSO MEANS THE SYMBOL, EMBLEM, SIGN, INSIGNIA, OR ANY COMBINATION OF THESE, OF THE UNITED STATES OLYMPIC COMMITTEE OR THE INTERNATIONAL OLYMPIC COMMITTEE.
(R48) S. 316 -- Senator Courtney: AN ACT TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.
(R49) S. 391 -- Senator Leatherman: AN ACT TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.
(R50) H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.
(R51) H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: AN ACT TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.
(R52) H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.
(R53) H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
(R55) H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: AN ACT 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, INCLUDING, AMONG OTHER THINGS, A TERM OF NOT MORE THAN THIRTY-SEVEN YEARS, AN ASSESSMENT RATIO OF NOT LESS THAN THREE PERCENT, AND A SPECIAL CALCULATION OF NET PRESENT VALUE; 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 CONSTRUCTING 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 AUTHORIZE THIS SPECIAL ACCOUNTING METHOD FOR THE TAXPAYER'S SUBSIDIARIES; 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; TO ALLOW A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY INCOME, SALES AND USE, AND CORPORATE LICENSE TAX CREDITS IN THE AMOUNT OF JOB DEVELOPMENT FEES COLLECTED BY THE TAXPAYER; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES USED TO MANUFACTURE SUCH DEVICES TO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT TWO HALF-TIME JOBS ARE CONSIDERED ONE FULL-TIME JOB AND TO DEFINE HALF-TIME JOB FOR PURPOSES OF DETERMINING ELIGIBILITY FOR THE CREDIT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-10-40 AND 12-10-80 SO AS TO PROVIDE THE CRITERIA FOR THE DESIGNATION OF ENTERPRISE ZONES AND TO ALLOW A QUALIFYING BUSINESS IN AN ENTERPRISE ZONE TO COLLECT A JOB DEVELOPMENT FEE FROM THE WAGES OF EMPLOYEES AND TO PROVIDE THE USE OF THESE FEES.
(R56) H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT 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; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS BEING AUTHORIZED BY THE GENERAL ASSEMBLY IN ODD-NUMBERED YEARS AND STATE HIGHWAY BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO DELETE THE PROVISION REGARDING THE GENERAL ASSEMBLY AUTHORIZING STATE HIGHWAY BONDS IN EVEN-NUMBERED YEARS; TO AMEND SECTION 57-11-220, AS AMENDED, RELATING TO THE ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF STATE HIGHWAY BONDS BY THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 57-11-235, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE STATE HIGHWAY BONDS; TO AMEND SECTION 57-11-240, AS AMENDED, RELATING TO THE MAXIMUM ANNUAL DEBT SERVICE ON GENERAL OBLIGATION BONDS, SO AS TO DELETE A REFERENCE TO SECTION 2-7-105.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 12 (BBM\l0066JM.95) previously proposed by Senator MARTIN.
Senator MARTIN explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
On motion of Senator BRYAN, with unanimous consent, Senators BRYAN, ROSE and J. VERNE SMITH were granted leave to attend a committee meeting, and if any roll call votes were taken, were granted leave to vote from the balcony.
Senator McCONNELL continued arguing contra to the adoption of the amendment.
Senator LAND argued in favor of the adoption of the amendment.
At 4:20 P.M., Senator WILLIAMS requested a leave of absence until 11:00 A.M., Thursday, April 6, 1995.
At 4:35 P.M., Senator COURTNEY assumed the Chair.
Senator SALEEBY asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator MARTIN objected.
Senator SALEEBY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Courtney Elliott Ford Glover Gregory Hayes Jackson Land Lander McConnell McGill O'Dell Passailaigue Patterson Rankin Reese Rose Russell Saleeby Smith, G. Washington
NAYS
Alexander Cork Giese Martin Mescher Moore Peeler Richter Ryberg Setzler Smith, J.V. Stilwell Thomas Waldrep Wilson
The amendment was laid on the table.
Debate was interrupted by adjournment.
Having received a favorable report from the Beaufort County Delegation, on motion of Senator CORK, the following appointments were confirmed in open session:
Reappointments, Beaufort County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Charles Louis Smith, Post Office Box 840, Bluffton, S.C. 29910
Mr. Joseph McDomick, Jr., Post Office Box 126, Saint Helena Island, S.C. 29920
The Honorable George B. Brown, 137 Stuart Town Road, Beaufort, S.C. 29902
The Honorable Rita Ann Simmons, Post Office Box 22083, Hilton Head, S.C. 29925
At 4:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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