Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the Psalmist who gives us a word for every age... Psalm 27 (v. 11) (NRSV):
"Teach me Your way, O Lord,
and lead me on a level path..."
Let us pray.
Our Father, we beseech Your blessing upon our long-time friend, Leroy Cain, who is having open heart surgery this morning at Richland Memorial. Guide, we pray, the hands of the surgeons that they may be Your instruments for Leroy's healing.
We daily sense the responsibility of our decisions in this Chamber, the consequences of which are felt throughout our countrysides, our towns, and our beloved State.
As we express our own ideas, and take our own personal positions on issues, we know there are those who may differ with us.
Help us to listen to each other, if, perhaps, we may learn from each other.
But, most of all, we pray that each of us may be humble enough to realize that there may be a higher position than the ones we espouse... even Yours, Lord!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator GREGORY was granted a leave of absence for today.
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.
On motion of Senator COURTNEY, with unanimous consent, the Bill was recalled from the Legislative Council.
On motion of Senator COURTNEY, with unanimous consent, the Bill was taken up for immediate consideration.
Having voted on the prevailing side, Senator COURTNEY asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments and ordered the Act enrolled for Ratification.
There was no objection.
The following were introduced:
S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
Read the first time and referred to the Committee on Judiciary.
S. 1080 -- Senators Leventis, Ford, Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3480 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
Read the first time and referred to the Committee on Finance.
S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Finance.
S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.
Read the first time and referred to the Committee on Finance.
S. 1083 -- Senators Reese and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-95 SO AS TO LIMIT THE AUTHORITY OF POLITICAL SUBDIVISIONS OF THE STATE TO IMPOSE TAXES OR FEES SIMILAR TO STATE TAXES OR FEES.
Read the first time and referred to the Committee on Judiciary.
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, ALCOHOL, AND ALCOHOLIC LIQUORS, SO AS TO MAKE CERTAIN TECHNICAL CHANGES.
Read the first time and ordered placed on the Calendar without reference.
S. 1085 -- Senators Wilson, 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, Greg Smith, J. Verne Smith, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO CURRENT AND FORMER MEMBERS AND STAFF OF THE STATE ETHICS COMMISSION UPON THE TWENTIETH ANNIVERSARY OF ITS CREATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1086 -- Senators Glover, Jackson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, 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, Washington and Wilson: A CONCURRENT RESOLUTION IN REMEMBRANCE OF RONALD E. MCNAIR AND THE SIX OTHER MEMBERS OF THE CHALLENGER SPACE SHUTTLE CREW, ON THE OCCASION OF THE TENTH ANNIVERSARY OF THE TRAGIC EXPLOSION OF THE CHALLENGER SPACE SHUTTLE.
Whereas, the members of the General Assembly, as all Americans, were shocked and stunned by the tragic explosion of the Challenger space shuttle on January 28, 1986, which claimed the lives of the seven crew members, including Mission Specialist Ronald E. McNair, a native of Lake City; and
Whereas, Sunday, January 28, 1996, marked the tenth anniversary of this tragic occurrence, which took the life of one our state's most distinguished citizens; and
Whereas, Mr. McNair and each of the six other brave space explorers knew that danger was a part of their mission but with steadfast courage they accepted these risks and with vigorous determination pressed on to probe the new frontiers of space; and
Whereas, Mr. McNair's legacy and ideals continue to inspire and educate many young Americans through scholarship programs aimed at getting young people into the science and engineering fields; and
Whereas, Mr. McNair's altruistic spirit continues to serve many youngsters through the Challenger Clubs, Challenger Space Science and Education Program, and various other space and science clubs providing opportunities and exposure to positive learning experiences which might not otherwise be available; and
Whereas, the Challenger disaster resulted in the loss of life for seven brave Americans; the subsequent safety measures developed in response to this tragedy will further insure the safety of future shuttle flights; and
Whereas, it would be a fitting tribute to the memory of Ronald E. McNair if the citizens of South Carolina, or more importantly, the citizens of the planet Earth, could embrace the words inscribed on his memorial in Lake City which state that "My wish is that we would allow this planet to be the beautiful oasis she is, and allow ourselves to live more in the peace that she generates;" and
Whereas, it is fitting that all South Carolinians remember Mr. McNair. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, wish to honor the memory of the heroic Challenger space shuttle crew on the tenth anniversary of their ill-fated mission, and to express the sorrow and grief to the families of these heroic space pioneers, especially to the family of South Carolina's native son, Ronald E. McNair.
Be it further resolved that a copy of this resolution be forwarded to Mr. McNair's family.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1087 -- Senator Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING THE GRACE EPISCOPAL CHURCH OF CHARLESTON, SOUTH CAROLINA, ON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY, FEBRUARY 18, 1996.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator WASHINGTON, S. 1088 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.
Ordered for consideration tomorrow.
S. 1068 -- Senators Wilson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RAYMOND SAMUEL YOUNGINER OF IRMO IN LEXINGTON COUNTY ON BECOMING A CENTENARIAN ON FEBRUARY 7, 1996, AND FURTHER EXPRESSING APPRECIATION FOR HIS LONG LIFE OF SERVICE TO HIS COUNTRY, STATE, AND COMMUNITY AS A VETERAN OF THE FIRST WORLD WAR, A LONG AND DISTINGUISHED CAREER WITH THE UNITED STATES POST OFFICE, AND NUMEROUS COMMUNITY ACTIVITIES.
Returned with concurrence.
Received as information.
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. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.
(By prior motion of Senator REESE)
H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.
(By prior motion of Senator REESE)
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOL OF SCHOOL DISTRICT 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator REESE)
S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOL OF SCHOOL DISTRICT 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Having voted on the prevailing side, Senator REESE asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave the Resolution third reading.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
Senator REESE proposed the following amendment (1067R001.GGR), which was adopted:
Amend the bill, as and if amended, by striking lines 10 through 28, and inserting the following:
/TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. School days missed during the month of January, 1996, by the students of any schools within School Districts 1 through 7 in Spartanburg County for school year 1995-96 when the school was closed due to snow and ice conditions are exempted from the make-up requirement of the defined minimum plan that full school days missed due to extreme weather or other circumstances be made up./
Amend title to conform.
Senator REESE explained the amendment.
There being no further amendments, the Resolution was read the third time and ordered sent to the House of Representatives.
S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators GIESE and COURTNEY proposed the following amendment (JUD0062.001), 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 24-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A person convicted of an offense against the this State of South Carolina and committed sentenced to a state correctional facility must be imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the director department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."
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 third time and ordered sent to the House of Representatives.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators GIESE and COURTNEY proposed the following amendment (JUD0095.001), 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 24-13-610 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community;. provided, that no No person convicted of murder, criminal sexual conduct in the first or second degree, a violent crime as defined in Section 16-1-60 which was committed on or after the effective date of this section or a 'no parole offense' as defined in Section 24-13-100 which was committed on or after the effective date of this section January 1, 1996, or any other offense which is prohibited by another provision of law may participate in this extended work release program."
SECTION 2. Section 24-13-650 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon the approval of the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator CORK proposed the following amendment (95R002.HAC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Section 16-25-90 of the 1976 Code is amended to read:
"Section 16-25-90. (A) Notwithstanding any provisions of Chapter 21 of Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse.
(B) Notwithstanding any provisions of Chapter 13, Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for extended work release when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse."/
Amend title to conform.
Senator CORK explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following Amendment No. 1 (760R004.WGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-75-40 of the 1976 Code is amended to read:
"Section 40-75-40. No member of the board and no special examiner, agent, or employee of the board may be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation, inquiry, or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any document or record which the board considers relevant to the investigation, inquiry, or proceeding. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and to produce documentary evidence and to give other evidence concerning the matter under investigation or inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days in duration and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-75-70 of the 1976 Code is amended to read:
"Section 40-75-70. (A) It is unlawful for any person who is not licensed in the manner prescribed in this chapter to represent himself as a licensed professional counselor, licensed associate counselor, or licensed marital and family therapist or to use one of these titles and the corresponding letters 'LPC' for licensed professional counselor, 'LAC' for licensed associate counselor, or 'LMFT' for licensed marital and family therapist following his name, as the case may be or to hold himself out to the public as being licensed under this chapter by means of using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification.
(B) It is unlawful for any person to engage in the practice of counseling, as defined in Section 40-75-80 or to engage in the practice of marital and family therapy as defined in Section 40-75-90 without first obtaining a license issued by the board or unless the person is licensed under other provisions of state law and the license authorizes such practice.
(C) It is unlawful for a person to obtain or attempt to obtain a license under this chapter by presenting false or forged evidence of qualifications or other fraudulent representation, or to disclose forged or fraudulent qualifications to a client.
(D) Any person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars not less than one hundred dollars nor more than one thousand dollars or by imprisonment not to exceed thirty days one year, or both, for each offense."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Chapter 75, Title 40 of the 1976 Code is amended to read:
"Section 40-75-95. Individuals in the following classifications who are performing services of a nature consistent with their training and which services are similar to those described in this chapter are exempt from the provisions of this chapter so long as they do not represent themselves by a title or description in the manner prescribed in Section 40-75-140:
(1) A nonresident person who renders services for no more than thirty days during any year, so long as the person is duly authorized to perform the activities and services under the laws of the state or county of his residence;
(2) Any rabbi, clergyman, or person of similar status who is a member in good standing of, and accountable to, a recognized denomination or religious organization and who is exercising ministerial responsibilities in the religious body, parish, church ministry, or institutional ministry with which he is associated;
(3) Employees of licensed hospitals in the State performing services similar to those described in this chapter so long as the services are performed within the course of and scope of their employment as an employee of the hospital. No regular employee of a licensed hospital in this State may be required under this chapter to be licensed as a condition of employment by such hospital or as a condition for the performance of services similar to those described in this chapter while employed in such hospital.
Nothing in this chapter may be construed to permit a person licensed under this chapter to practice medicine or to represent himself to the public as a psychologist unless he has been duly authorized to do so by other provisions of law. Lecturers from any school, college, agency, or training institution may utilize an academic, research, or job title when invited to present lectures to institutions or organizations.
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-75-140 of the 1976 Code is amended to read:
"Section 40-75-140. Any person is regarded as a 'licensed professional counselor' or a 'licensed associate counselor' or a 'licensed marital and family therapist' within the meaning of this chapter who meets the qualifications and requirements prescribed in this chapter and who is registered and licensed by the board. A license holder or licensee may use the title appearing on his license and the corresponding letters 'LPC' for licensed professional counselor, 'LAC' for licensed associate counselor, or 'LMFT' for licensed marital and family therapist following his name, as the case may be. Every license holder shall display his license in a prominent place in his place of practice at each location at which the licensee practices his profession."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-75-160 of the 1976 Code is amended to read:
"Section 40-75-160. (A) The board may receive complaints by any person against a licensee or against any person who has unlawfully assumed to act as a licensee or against any person who has unlawfully engaged in the practice of counseling or marital and family therapy, as defined in this chapter, and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant.
(B) Upon receipt of a complaint, the secretary, or other person as the president may designate, shall investigate the allegations in the complaint and make a report to the board concerning his investigation. In instances where a board member makes the initial investigation or complaint, he may not sit with the board at the hearing of the complaint. If the board desires to proceed further it may file, in its discretion, a formal accusation charging the licensee with a violation of this chapter. The accusation must be signed by the president or vice president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the secretary, or other person as the president may designate, shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
(C) The accused may appear and show cause why his license should not be suspended or revoked or why other disciplinary action should not be taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. For the purposes of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential.
(D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(E) Nothing contained in this chapter prohibits the accused from regular access to the charges and evidence filed against him as a part of due process under the law.
(F) For the purpose of any investigation, inquiry, or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any document or record which the board considers relevant to the investigation, inquiry, or proceeding. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and to produce documentary evidence and to give other evidence concerning the matter under investigation or inquiry.
(G) Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days in duration and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section."
(H) Any final order of the board finding that a person is guilty of any offense charged in a formal accusation must become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local, state, and national professional associations, and all firms or facilities with which the person is associated, states where the person has a license known to the board, and to any other source that the board wishes to furnish this information./
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Chapter 75, Title 40 of the 1976 Code is amended by adding:
"Section 40-75-165. (A) The board by regulation shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification:
(1) on each registration form, application, or written contract for services of an individual or entity licensed under this chapter;
(2) on a sign prominently displayed in each place of business of each individual or entity licensed under this chapter; or
(3) in a bill for service provided by an individual or entity licensed under this chapter.
(B) The board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a licensee if the toll-free number is established under other law."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-75-200 of the 1976 Code is amended to read:
"Section 40-75-200. Every licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and the address and telephone number of the board. No person licensed under this chapter may charge a client or receive remuneration for professional counseling or marital and family therapy services unless, prior to the performance of those services, the client is furnished a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, the services offered, the fee schedule, the licensee's educational training and professional credentials, the address and telephone number of the board, and such other provisions required by the board."/
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator J. VERNE SMITH, the Bill was carried over.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators LAND and SALEEBY proposed the following Amendment No. 1 (S-INS-001):
Amend the bill, as and if amended, by adding the appropriately numbered SECTION to read:
/SECTION______. The last paragraph of Section 38-77-950 as amended by Act 181 of 1993, is further amended to read:
"Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the South Carolina Reinsurance Facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four months following October 1, 1993, 1995."
Amend sections to conform.
Amend title to conform.
On motion of Senator SALEEBY, the Bill was carried over.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
TIME WITH NOTICE OF GENERAL AMENDMENTS
S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (DKA\3717CM.95), which was adopted:
Amend the bill, as and if amended, Section 57-3-665, SECTION 1, page 1, by inserting after /facilities/ on line 24 /if considered necessary by the department/.
When amended the section reads:
/"Section 57-3-665. The South Carolina Department of Transportation shall construct and maintain turning lanes used for entering and exiting secondary public education facilities if considered necessary by the department. The construction and maintenance work by the department must be paid for from the state highway fund."/
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator HOLLAND, the Bill was carried over.
S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator CORK, the Bill was carried over.
S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator PEELER, the Bill was carried over.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator LANDER moved to carry over the Bill.
Senator McCONNELL moved to table the motion to carry over.
The motion to carry over the Bill was laid on the table.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL moved to adjourn debate on the Bill.
Debate was adjourned on the Bill.
At 11:55 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purposes of attending the Joint Assembly.
At Twelve O'clock Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.
Senator SALEEBY, on behalf of the Joint Legislative Screening Committee to Review Candidates for the S.C. Employment Security Commission, stated that Mr. John E. Bonaparte, Jr., Mr. C.D. Chamblee, Mr. Samuel R. Foster, Mr. J. William McLeod, Ms. Kathleen Riley, Joseph B. Rosen, Mr. John J. Snow, Jr., and Ms. Carole C. Wells had been screened and found qualified.
Senator SALEEBY placed the names of Mr. John E. Bonaparte, Jr., Mr. C.D. Chamblee, Mr. Samuel R. Foster, Mr. J. William McLeod, Ms. Kathleen Riley, Joseph B. Rosen, and Ms. Carole C. Wells in nomination.
On motion of Senator SALEEBY, the name of Mr. John J. Snow, Jr., was withdrawn from consideration.
Rep. Allison nominated Ms. Carole C. Wells.
Senator HAYES nominated Mr. Samuel R. Foster.
Rep. Felder nominated Mr. J. William McLeod.
The nomination was seconded.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Bonaparte:
The following named Senators voted for Mr. Chamblee:
Alexander Bryan Drummond Fair Hayes Martin McConnell Mescher O'Dell Passailaigue Richter Ryberg Saleeby Short Thomas Waldrep
The following named Senators voted for Mr. Foster:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Ford Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill Moore O'Dell Passailaigue Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, J.V. Waldrep Washington
The following named Senators voted for Mr. McLeod:
Boan Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Ms. Riley:
Courson
The following named Senators voted for Mr. Rosen:
Courson Giese Jackson Setzler Wilson
The following named Senators voted for Ms. Wells:
Alexander Boan Cork Courtney Elliott Fair Ford Giese Glover Holland Land Lander Leatherman Matthews McConnell McGill Mescher Moore Peeler Rankin Reese Richter Rose Russell Smith, J.V. Thomas Washington Wilson
On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Bonaparte:
The following named Representatives voted for Mr. Chamblee:
Allison Baxley Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Dantzler Davenport Easterday Elliott Fleming Fulmer Hallman Harrell Harrison Harvin Haskins Herdklotz Howard Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McKay Meacham Phillips Rice Richardson Riser Robinson Sandifer Seithel Sharpe Smith, R. Stille Stoddard Thomas Townsend Tripp Trotter Tucker Walker Wilkins Witherspoon Wofford Wright Young Young-Brickell
The following named Representatives voted for Mr. Foster:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Elliott Felder Gamble Govan Harris, J. Harris, P. Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Law Lee Limbaugh Martin McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rogers Scott Sheheen Shissias Simrill Spearman Stille Stoddard Stuart Thomas Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. White Wilder Williams Worley
The following named Representatives voted for Mr. McLeod:
Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Ms. Riley:
The following named Representatives voted for Mr. Rosen:
Cromer Gamble Govan Hodges Rogers Shissias Smith, D.
The following named Representatives voted for Ms. Wells:
Allison Anderson Askins Bailey Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Canty Cato Cave Clyburn Cobb-Hunter Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Hines, M. Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Total number of Senators voting 41
Total number of Representatives voting 118
Grand Total 159
Necessary to a choice 80
Of which Mr. Bonaparte received 0
Of which Mr. Chamblee received 80
Of which Mr. Foster received 110
Of which Mr. McLeod received 145
Of which Ms. Riley received 1
Of which Mr. Rosen received 12
Of which Ms. Wells received 122
Whereupon, the PRESIDENT announced that the Honorable Samuel R. Foster, the Honorable J. William McLeod and the Honorable Carole C. Wells were duly elected to the South Carolina Employment Security Commission for the terms prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:42 P.M., the Senate resumed.
Having received a favorable report from the Committee on Judiciary, on motion of Senator HOLLAND, the following appointments were confirmed in open session:
Reappointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. B. Boykin Rose, Director, Department of Public Safety, 5400 Broad River Road, Columbia, S.C. 29210
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 1995, and to expire April 27, 1997:
Chairman:
The Honorable Thomas M. Marchant, III, Post Office Box 816, Greenville, S.C. 29602 VICE Vernon F. Dunbar (resigned)
Reappointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
1st Congressional District:
Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407
Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1996, and to expire June 30, 2002:
At-Large:
Mr. G. Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621
Having received a favorable report from the General Committee, on motion of Senator WILSON, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:
1st Congressional District:
Ms. E. Lynn W. Smith, 1284 Calais Drive, Mt. Pleasant, S.C. 29464 VICE Clay W. Evatt, Jr./Elvin D. Tirrell (resigned)
Initial Appointments, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with terms to commence September 15, 1995, and to expire at the pleasure of the Governor:
County Officer:
Mr. James C. Brown, Richland County Veterans Affairs Officer, 2020 Hampton Street, Columbia, S.C. 29204
Mr. George O. Blevins, Greenville County Veterans Affairs Officer, 301 University Ridge, Suite 5900, Greenville, S.C. 29601-3660
Veterans Organization:
Mr. Jack M. Tiller, 501 Meadow Brook Road, Columbia, S.C. 29223-2910
On motion of Senators PASSAILAIGUE and MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. F. Gerald Moody of Moncks Corner, S.C., former football coach at both Wando High School and Berkeley High School and inductee to the South Carolina Athletic Coaches Association Hall of Fame.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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