Printed Page 1980, Apr. 25
| Printed Page 2000, Apr. 25
|
Printed Page 1980, Apr. 25
| Printed Page 2000, Apr. 25
| Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-200. (A) Except for the appointment of magistrates as provided in Section 22-1-10, the appointment of members of county boards of registration as provided in Section 7-5-10, the appointment of county commissioners of election as provided in Section 7-13-70, and an action concerning a special purpose district or natural gas authority, any action which by statute requires a vote or an action by a county legislative delegation on a matter affecting only one county may be devolved upon the county governing body of that county if:
(1) the delegation affirmatively votes, using the weighted voting formula provided in subsection (C), that the action be devolved upon the county governing body; and
(2) the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance.
The Code Commissioner must keep a list of these notifications and shall include the information in the statutory notes in each cumulative supplement and revised volume of the Code of Laws of South Carolina.
(B) Any action which by statute requires a vote or an action by the county legislative delegation on a matter affecting only one county must utilize the weighted voting formula provided in subsection (C). These actions include, but are not limited to:
(1) all appointments not devolved upon the county governing body which either are made or recommended by a county legislative delegation where the appointee or person recommended would represent only that county;
(2) an action concerning a special purpose district or natural gas authority which by statute requires a vote or an action by a county legislative delegation; and
(3) all other matters not devolved upon the county governing body as provided in subsection (A).
(C) The number of residents in a county comprising the district represented by a member of the Senate must be divided by the total population of that county. The number of residents in a county comprising the district represented by a member of the House of Representatives must be divided by the total population of that county. To determine the relative weight of the vote for the respective House and
(D) For the purposes of this section, `county legislative delegation' includes each member of the House of Representatives and of the Senate whose district includes any portion of the geographic area of a given county.
(E) Population totals to be used for the calculation in subsection (C) must be based upon the decennial census used to establish the respective House and Senate districts.
Section 2-1-210. (A) Any action which by statute requires a vote or an action by a legislative delegation of the General Assembly representing a multi-county area including, but not limited to, a judicial circuit and a congressional district must utilize the weighted voting formula provided in subsection (B). A legislator may vote only in the multi-county area in which he resides.
(B) The number of residents in a geographic area comprising more than one county represented by a member of the Senate must be divided by the total population of that geographic area. The number of residents in a geographic area comprising more than one county represented by a member of the House of Representatives must be divided by the total population of that geographic area. To determine the relative weight of the vote for the respective House and Senate members, the resulting percentages must then be divided by two and rounded to the nearest whole number, except in those instances below .5 which must be rounded to equal one.
(C) For the purposes of this section, `legislative delegation' includes each member of the House of Representatives and of the Senate whose district includes any portion of the geographic area of a given multi-county area.
(D) Population totals to be used for the calculation in subsection (B) must be based upon the decennial census used to establish the respective House and Senate districts."
SECTION 2. The Code Commissioner is empowered and directed to modify all code sections which are inconsistent with this act and to indicate in the annotations or notes following a code section any action accepted by a county governing body by ordinance or resolution.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator LANDER asked to be recorded as voting against second reading of the Bill.
On motion of Senator COURTNEY, with unanimous consent, S. 562 was ordered to receive a third reading on Friday, April 26, 1996.
S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.
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 (JUD0739.001), which was adopted:
Amend the bill, as and if amended, page 2, line 10, in Section 23-1-212(B)(3), as contained in SECTION 1, by inserting after the word /felony/ the following:
/or misdemeanor/.
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.
On motion of Senator COURTNEY, with unanimous consent, S. 739 was ordered to receive a third reading on Friday, April 26, 1996.
S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.
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 (JUD0776.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 15-27-15 of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever any a deaf person is a party or witness to any legal proceeding or a witness therein, including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's court, or is confined to any an institution, the court shall appoint a as many qualified interpreter, interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf or as many as needed,. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives such having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of
(1) `Qualified interpreter' means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person.
(2) `Deaf person' means a person who cannot use his hearing for communication purposes.
(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court."
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.
On motion of Senator COURTNEY, with unanimous consent, S. 776 was ordered to receive a third reading on Friday, April 26, 1996.
S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.
The Judiciary Committee proposed the following amendment (JUD0777.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:
"Section 22-1-25. (A) Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be is mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.
(B) Any retired magistrate receiving retirement benefits from a retirement system of this State, regardless of his age, may be appointed by the Governor, upon recommendation of the governing body of the county in which he last served, to serve as a special magistrate in the county in the manner provided by this section. The retired magistrate's service as a special magistrate must be for the purpose of temporarily replacing a magistrate of the county who is unable presently to fulfill his duties due to illness, injury, or other similar reasons. If a magistrate becomes ill, sustains an injury, or suffers from another cause which prevents or will prevent him from discharging his duties for a consecutive period of at least fifteen days, the county governing body may petition the Governor to appoint a specified retired magistrate to serve as a special magistrate for the county. A special magistrate, if so appointed, must be compensated in an amount determined by the county governing body, provided that the limitations on what covered retired employees may earn if they return to work under a state retirement system continue to apply to the special magistrate. The special magistrate shall serve for the period of time specified by the Governor in his certificate of appointment."
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.
On motion of Senator COURTNEY, with unanimous consent, S. 777 was ordered to receive a third reading on Friday, April 26, 1996.
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0943.001), which was adopted:
Amend the joint resolution, as and if amended, page 1, beginning on line 30, in Section 1A, as contained in SECTION 1, by striking Section 1A in its entirety and inserting therein the following:
/"Section 1A. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a justice of the Supreme Court, as a judge of the Court of Appeals, as a circuit court judge, or as a judge or member of any other court provided for or established by the Constitution or by general law that is part of the unified judicial system. However, notwithstanding any other provision of this Constitution, this prohibition
Amend the joint resolution further, as and if amended, page 2, beginning on line 7, as contained in SECTION 2, by striking lines 7 through line 8 in their entirety and inserting therein the following:
/federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for judicial office fifteen years or more from the date the sentence, including probation and parole time, has been served?/
Amend title to conform.
Senator COURTNEY explained the amendment
The amendment was adopted.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Bill be ordered to receive a second reading:
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this State is amended by adding:
"SECTION 1A. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine,
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for Representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
"Must Article V of the Constitution of this State relating to the judicial department be amended by adding Section 1A so as to provide that no person is eligible to serve as a justice of the Supreme Court, as a judge of the Court of Appeals, as a circuit court judge, or as a judge or member of a court of uniform jurisdiction provided for by general law who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for judicial office fifteen years or more from the date the sentence, including probation and parole time, has been served?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 3. This act takes effect upon approval by the Governor.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator COURTNEY, with unanimous consent, S. 943 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD
Printed Page 1980, Apr. 25
| Printed Page 2000, Apr. 25
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