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

Page Finder Index
| Printed Page 1690, Apr. 16 | Printed Page 1710, Apr. 16 |
Printed Page 1700 . . . . . Tuesday, April 16, 1996
NAYS
Boan                 Cork                 Fair
Gregory              Hayes                Leatherman
Martin               Mescher              Peeler
Richter              Rose                 Ryberg
Smith, G.            Thomas               Waldrep
Wilson
TOTAL--16

The amendment was laid on the table.

Amendment No. 7

Senator SALEEBY proposed the following Amendment No. 7 (JUD3961.002), which was tabled:

Amend the bill, as and if amended, page 4, beginning on line 1, in Section 2-19-10(B)(3), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:

/(a) one public member appointed by the Speaker of the House of Representatives must be a non-lawyer, and one public member must be a lawyer licensed to practice law in South Carolina; and/.

Amend the bill further, as and if amended, page 4, beginning on line 8, in Section 2-19-10(B)(4), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:

/(a) one public member appointed by the President Pro Tempore must be a non-lawyer, and one public member must be a lawyer licensed to practice law in South Carolina; and/.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Printed Page 1701 . . . . . Tuesday, April 16, 1996
Amendment No. 8

Senator RYBERG proposed the following Amendment No. 8 (JUD3961.010), which was tabled:

Amend the bill, as and if amended, page 3, beginning on line 33, in Section 2-19-10(B)(1), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:

/(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and/

Amend the bill further, as and if amended, page 3, beginning on line 38, in Section 2-19-10(B)(2), as contained in SECTION 1, by striking subitem (a) in its entirety and inserting therein the following:

/(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and/.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 19

AYES
Bryan               Courson             Courtney
Ford                Giese               Glover
Hayes               Holland             Jackson
Land                Lander              Matthews
McConnell           McGill              Moore
O'Dell              Passailaigue        Patterson
Reese               Russell             Saleeby
Short               Washington
TOTAL--23

NAYS
Alexander            Boan                 Cork
Fair                 Gregory              Leatherman
Leventis             Martin               Mescher
Peeler               Richter              Rose
Ryberg               Setzler              Smith, G.
Printed Page 1702 . . . . . Tuesday, April 16, 1996
Smith, J.V.          Thomas               Waldrep
Wilson
TOTAL--19

The amendment was laid on the table.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

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 (JUD0778.001), which was adopted:

Amend the bill, as and if amended, page 1, line 34, in Section 17-22-50, as contained in SECTION 1, by striking /on/ and inserting therein /upon/.

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 with notice of general amendments.

Printed Page 1703 . . . . . Tuesday, April 16, 1996
AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

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 (JUD1123.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, by striking Section 23-31-20, as contained in SECTION 1, in its entirety and inserting therein the following:

/"Section 23-31-20. Residents A resident of any state contiguous to this State may purchase rifles and shotguns in this State; provided, such residents conform if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the contiguous state in which such persons reside the person resides."/

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 with notice of general amendments.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Printed Page 1704 . . . . . Tuesday, April 16, 1996
The Committee on Fish, Game and Forestry proposed the following amendment (3746R001.HSP), which was adopted:

Amend the bill, as and if amended, page 1, line 21, by inserting after /2/ and before /./, the following:

/(Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry and Saluda counties)/.

Amend title to conform.

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.

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.

S. 1350--Ordered to a Third Reading

On motion of Senator ROSE, S. 1350 was ordered to receive a third reading on Wednesday, April 17, 1996.

S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Printed Page 1705 . . . . . Tuesday, April 16, 1996
H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE explained the Resolution.

AMENDED, READ THE SECOND TIME

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

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 (JUD1037.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-17-510, as contained in SECTION 1, by striking lines 33 through 35, and inserting therein:

/misdemeanor and, upon conviction, must be fined not more than:

(1) five hundred dollars or imprisoned not more than thirty days, or both, for a first offense;

(2) one thousand dollars or imprisoned not more than two years, or both, for a second or subsequent offense."/

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.

Printed Page 1706 . . . . . Tuesday, April 16, 1996
AMENDED, READ THE SECOND TIME

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

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 (JUD1152.001), which was adopted:

Amend the bill, as and if amended, page 1, line 23, in Section 16-15-140, as contained in SECTION 1, by striking /fourteen sixteen/ and inserting therein /fourteen/.

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. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.

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 (JUD1051.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 24, by striking SECTION l in its entirety, and inserting therein the following:

Printed Page 1707 . . . . . Tuesday, April 16, 1996
/SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Section 20-7-345. (A) Whenever a child, as defined in Section 20-7-390, is charged with a status offense or the violation of any state or local law or municipal ordinance, a parent of the child must be immediately notified. The parent must also be made a party to the criminal action involving the child and is required to appear with the child at any judicial proceeding in family court.

(B) For purposes of this section, a `parent' includes a custodial biological parent or parents, a custodial adoptive parent or parents, a custodial step-parent or step-parents, legal guardian, or any other person having permanent, legal custody of a child. If a child has more than one custodial biological parent, or more than one custodial adoptive parent, or more than one custodial step-parent, then both parents must be immediately notified when the child has been charged with a crime or status offense, made a party to the criminal action involving the child, and made to appear with the child at any judicial proceeding in family court. A `parent' does not include a foster parent.

(C) A violation by a parent of the provisions of this section or of the provisions of a court order issued by a family court judge during a juvenile proceeding may constitute contempt and is punishable by imprisonment not to exceed six months or a fine not to exceed one thousand dollars, or both."/

Amend the bill further, as and if amended, page 2, beginning on line 29, in Section 20-7-400(A)(1)(d), as contained in SECTION 2, by striking /and including jurisdiction over the parent of a minor as provided in Section 20-7-345/ and inserting therein:

/including jurisdiction over the parent of a child pursuant to Section 20-7-345/.

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.

OBJECTION

S. 1188 -- Senators Holland, Moore, Elliott, Passailaigue, Setzler, Drummond and Mescher: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE

Printed Page 1708 . . . . . Tuesday, April 16, 1996
QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM AS A MEMBER OF THE SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED; TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL BY RULE PROVIDE THAT DURING THE TIME PERIOD BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY UNTIL THE SECOND TUESDAY IN FEBRUARY OF EACH YEAR, THE CONSIDERATION OF BILLS SHALL BE LIMITED TO STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE ENTIRE BODY AND NON-STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE AFFECTED DELEGATION; TO REQUIRE THAT THE RULES SHALL PROVIDE THAT UNTIL THE SECOND TUESDAY IN FEBRUARY, EACH BODY SHALL HAVE NOT LESS THAN THREE STATEWIDE SESSION DAYS EACH WEEK, FOR THE PASSAGE OF CONSENT LEGISLATION, UNTIL THE RESPECTIVE HOUSES RESUME THE CONSIDERATION OF ALL LEGISLATION AS PROVIDED IN THE RULES OF THE BODY; AND TO FURTHER PROVIDE THAT NOT MORE THAN THREE WEEKS FOLLOWING THE CERTIFICATION OF THE GENERAL ELECTION OF MEMBERS, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL CONVENE THEIR RESPECTIVE BODIES FOR NOT MORE THAN THREE DAYS FOR THE PURPOSE OF THE SELECTION OF COMMITTEES, THE ELECTION OF OFFICERS, AND SUCH OTHER BUSINESS AS MAY BE NECESSARY FOR THE ORGANIZATION OF THE RESPECTIVE HOUSES; TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTIONS 15A AND 15B, SO AS TO REQUIRE THE
Printed Page 1709 . . . . . Tuesday, April 16, 1996
HOUSE AND SENATE TO GIVE CONCURRENT CONSIDERATION TO THE ANNUAL GENERAL APPROPRIATION BILL AND TO PROVIDE THAT AN APPROPRIATION BILL ENACTED UNDER THESE PROVISIONS WILL MEET THE CONSTITUTIONAL REQUIREMENT OF ARTICLE III, SECTION 18 PERTAINING TO THE READING OF BILLS AND JOINT RESOLUTIONS ON THREE SEPARATE DAYS IN EACH HOUSE; TO ARTICLE III, SECTION 20 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT FOR ELECTIONS VOTED ON BY THE GENERAL ASSEMBLY IN JOINT SESSION, NO CANDIDATE MAY BE ELECTED UNLESS APPROVED BY A MAJORITY VOTE OF THE SENATE AND A MAJORITY VOTE OF THE HOUSE; AND TO AMEND ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15, SO AS TO PERMIT THE ENACTMENT OF LAWS BY INITIATIVE PETITION.

Senator HOLLAND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator HOLLAND asked unanimous consent to make a motion to give the Resolution a second reading, with notice of general amendments, carrying over all amendments to third reading.

Senator RYBERG objected.

CARRIED OVER

S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

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

S. 932 -- Senators Bryan, Lander and Washington: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO CHANGE THE DEFINITION OF

Printed Page 1710 . . . . . Tuesday, April 16, 1996
"CHARGEABLE" ACCIDENT TO ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF ONE THOUSAND DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED; AND TO PROVIDE THAT THE INCREASED AMOUNTS, AS CHANGED BY THIS ACT, APPLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1996, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-60.

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