Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1280, Mar. 26 | Printed Page 1300, Mar. 26 |
Printed Page 1290 . . . . . Tuesday, March 26, 1996
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator JACKSON proposed the following amendment (JUD1286.001), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. Section 20-7-3097 of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"Section 20-7-3097. (A) Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

Printed Page 1291 . . . . . Tuesday, March 26, 1996
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law any crime listed in Section 20-7-2725(A).

(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the day care licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in subsection (A).

(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the day care licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."/

Amend the bill further, as and if amended, page 15, beginning on line 21, by striking SECTION 9 in its entirety.

Renumber remaining sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

Senator ROSE explained the Bill.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND

Printed Page 1292 . . . . . Tuesday, March 26, 1996
ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

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 (JUD3848.001), which was adopted:

Amend the bill, as and if amended, page 1, line 35, in Section 30-7-50, as contained in SECTION 1, by inserting after the word /mortgage/ the following:

/, and may include a toll free number for the assignee if such a number is available/

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.

AMENDED, READ THE SECOND TIME

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.

Printed Page 1293 . . . . . Tuesday, March 26, 1996
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 (JUD1210.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 9, in Section 7-3-20(C)(2), as contained in SECTION 1, by striking lines 9 through 11 and inserting the following:

/registered, (c) who has been convicted of a disqualifying crime, or (d) who is otherwise no longer qualified to vote as may be provided by law, or (e) who requests in writing that his name be removed;/

Amend the bill further, as and if amended, page 3, beginning on line 13, in Section 7-3-30(b), as contained in SECTION 1, by striking lines 13 through 17 and inserting therein the following:

/registration office to restore his name to the registration books; provided, however, that if the elector's name has been deleted solely by reason of his failure to vote as provided in Section 7-3-20 (C) (3), his name shall be restored as a matter of course to the registration books upon his request if he shall be otherwise qualified deletion is for conviction, the appeal must be to the Executive Director of the State Election Commission."/

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.

CARRIED OVER

S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

On motion of Senator MOORE, the Bill was carried over.

Printed Page 1294 . . . . . Tuesday, March 26, 1996
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.

On motion of Senator DRUMMOND, the Bill was carried over.

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

On motion of Senator DRUMMOND, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN

Printed Page 1295 . . . . . Tuesday, March 26, 1996
THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

Senator SETZLER moved that the Bill be made a Special Order.

The Bill was made a Special Order.

MOTION ADOPTED

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

MOTION ADOPTED

Senator MOORE asked unanimous consent to make a motion that the Senate stand in recess until 12:55 P.M., at which time the Lieutenant Governor was granted authorization to ratify Acts; and upon completion of the Ratification of Acts, the Senate will stand adjourned.

The motion was adopted.

RECESS

At 12:50 P.M., on motion of Senator MOORE, the Senate receded from business pending Ratification of Acts.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 26, 1996, at 12:55 P.M. and the following Acts and Joint Resolutions were ratified:

(R262) S. 296 -- Senator Hayes: AN ACT TO AMEND SECTION 12-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT AND ADMINISTRATION OF INCOME TAX PROVISIONS ON BANKS, SO AS TO PROVIDE THAT THESE PROVISIONS ALSO APPLY FOR PURPOSES OF THE ALLOCATION

Printed Page 1296 . . . . . Tuesday, March 26, 1996
AND APPORTIONMENT OF INCOME SUBJECT TO TAX, TO AMEND SECTION 27-18-180, RELATING TO REPORTS OF UNCLAIMED PROPERTY AND NOTICE TO THE APPARENT OWNER, SO AS TO RAISE THE DOLLAR VALUE OF CERTAIN PROPERTY WHICH REQUIRES IT TO BE REPORTED AS UNCLAIMED PROPERTY, AND TO DELETE PROVISIONS REQUIRING A SPECIFIC REPORTING DATE FOR LIFE INSURANCE COMPANIES, TO AMEND SECTION 27-18-190, RELATING TO THE ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY, SO AS TO REVISE THE REQUIRED PUBLICATION DATES FOR CERTAIN OF THESE NOTICES, AND THE REQUIRED CONTENTS OF PUBLISHED AND MAILED NOTICES, TO AMEND SECTION 27-18-200, RELATING TO PAYMENT ON DELIVERY OF ABANDONED PROPERTY TO THE ADMINISTRATOR, SO AS TO REVISE SUCH REPORTING REQUIREMENTS AND THE DATES OF REPORTING, TO AMEND SECTION 34-19-50, RELATING TO ACCESS TO THE SAFE-DEPOSIT BOX OF A DECEDENT AND THE REMOVAL OF ITS CONTENTS, SO AS TO DELETE CERTAIN LIMITATIONS ON REMOVAL OF CONTENTS, AND TO REPEAL SECTIONS 12-16-1520 AND 12-16-1530, RELATING TO NOTICE AND EXAMINATION OF CERTAIN ASSETS OF A DECEDENT PRIOR TO TRANSFER.

(R263) S. 596 -- Senator Greg Smith: AN ACT 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.

(R264) S. 597 -- Senator Greg Smith: AN ACT TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

(R265) S. 599 -- Senator Thomas: AN ACT TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE

Printed Page 1297 . . . . . Tuesday, March 26, 1996
THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

(R266) S. 625 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO MAKE THE SECTION APPLICABLE TO NONPARTISAN CANDIDATES, AUTHORIZE A WATCHER AT A VOTING PLACE FOR A CANDIDATE WHERE HIS NAME IS ON THE BALLOT, PROVIDE FOR WRITTEN CERTIFICATION OF THE WATCHER, PROVIDE FOR THE SIZE AND COLOR OF IDENTIFICATION BADGES THAT A WATCHER MAY WEAR, AND THE LOCATION WHERE WATCHERS MAY OBSERVE THE ELECTION PROCESS.

(R267) S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R268) S. 996 -- Senator J. Verne Smith: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

(R269) S. 1044 -- Senator McConnell: AN ACT TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

(R270) S. 1094 -- Senator Bryan: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 1298 . . . . . Tuesday, March 26, 1996
1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE AN OFFICIAL REFERENCE FOR THE MAP DEFINING THE COUNTY'S PRECINCT LINES.

(R271) S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R272) S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

(R273) S. 1204 -- Senators Hayes and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(R274) S. 1220 -- Senator Matthews: AN ACT TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A

Printed Page 1299 . . . . . Tuesday, March 26, 1996
MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.

(R275) H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: AN ACT TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

(R276) H. 3339 -- Rep. Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO PROVIDE A DEFINITION OF AN EMERGENCY SCENE, TO DEFINE WHO HAS AUTHORITY TO CONTROL AN EMERGENCY SCENE, AND TO DEFINE THE RESPONSIBILITIES OF MOTOR VEHICLES PASSING THROUGH AND PEDESTRIANS OBSERVING AN EMERGENCY SCENE.

(R277) H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: AN ACT TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE, AND TO DEFINE A SECOND ADJUDICATION OR CONVICTION.

(R278) H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

| Printed Page 1280, Mar. 26 | Printed Page 1300, Mar. 26 |
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