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 again, this time, Psalm 68 (v.35):
"Awesome is God in His sanctuary,
the God of Israel;
He gives power and strength
to His people.
Blessed be God!"
Let us pray.
Lord of the Universe, forgive us when we think of You in insignificant terms, like some old tolerant grandfather off in some clouds.
Lord, we're still discovering galaxies with our most powerful telescopes, so far out that it has taken eons for the light of their suns to come within reach of our instruments.
We cannot fathom the end of your creation. Truly the psalmist is right to remind us that "AWESOME IS GOD."
Teach us of Your IMMINENCE, especially the AWESOMENESS with which we say "Our Father!"
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LEATHERMAN introduced Dr. William N. Boulware of Florence, S.C., Doctor of the Day.
On motion of Senator REESE, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
Senator LEVENTIS rose to a Point of Personal Interest.
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.
Having reconsidered the vote whereby the Senate concurred in the House amendments, the bill was taken up for immediate consideration.
Senators COURTNEY and HOLLAND proposed the following amendment (JUD0272.002), which was adopted:
Amend the bill, as and if amended, beginning on page 1, beginning on line 29, in Section 7-13-190(B), as contained in SECTION 1, by striking line 29 through line 6 on page 2 and inserting therein the following:
/(B) In partisan elections, whether seeking nomination by political party primary, or political party convention, or by petition, filing by all these candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by petition, filing by these candidates shall open for the office at noon on the eleventh Tuesday after the vacancy occurs for a period to close seven days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3) 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE 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.
Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, H. 4491 was ordered to receive a third reading on Friday, February 2, 1996.
The following were introduced:
S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.
Senator SETZLER spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 1090 -- Senator Ryberg: A BILL TO AMEND SECTION 12-60-2550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.
Read the first time and referred to the Committee on Finance.
S. 1091 -- Senator Ryberg: A BILL TO AMEND SECTION 1-30-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SHALL BE ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 13-1-10 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO TRANSFER TO THE DEPARTMENT THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO ESTABLISH THE JOBS-ECONOMIC DEVELOPMENT DIVISION WITHIN THE DEPARTMENT; TO AMEND SECTION 13-1-20 OF THE 1976 CODE, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO ADD THE PURPOSE OF PROMOTION AND DEVELOPMENT OF THE BUSINESS AND ECONOMIC WELFARE OF THE STATE THROUGH THE DEVELOPMENT OF AND ASSISTANCE TO SMALL BUSINESSES; TO AMEND SECTION 13-1-1710 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT THE DIRECTOR OF THE JOBS-ECONOMIC DEVELOPMENT DIVISION SHALL BE A MEMBER OF THE COUNCIL RATHER THAN THE CHAIRMAN OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND CHAPTER 1, TITLE 13 OF THE 1976 CODE BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE JOBS-ECONOMIC DEVELOPMENT DIVISION WITHIN THE DEPARTMENT OF COMMERCE; AND TO REPEAL CHAPTER 43, TITLE 41 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY.
Read the first time and referred to the Committee on Judiciary.
S. 1092 -- Senator Moore: A BILL TO AMEND SECTION 23-35-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES CONCERNING THE SALE OR STORAGE OF FIREWORKS, SO AS TO AUTHORIZE A CIVIL PENALTY FOR VIOLATIONS OF CHAPTER 35 OF TITLE 23.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1093 -- Senators Fair, Waldrep, Ford, Land, McGill, Matthews and Washington: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL MOTOR VEHICLE LICENSE PLATE AUTHORIZED FOR PURPLE HEART RECIPIENTS, SO AS TO REDUCE THE FEE FOR THE PLATE TO THAT REQUIRED FOR A STANDARD LICENSE PLATE.
Read the first time and referred to the Committee on Transportation.
S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator BRYAN, S. 1094 was ordered to receive a second reading with notice of general amendments, on Friday, February 2, 1996.
S. 1095 -- Senator O'Dell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING AND DISTINGUISHED SERVICE OF DR. E. F. MATHIS, SR. UPON THE OCCASION OF HIS RETIREMENT FROM MT. ZION BAPTIST CHURCH AND TO WISH HIM MANY HAPPY AND FULFILLING YEARS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1096 -- Senator Richter: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. BIRDIE LEWIS SANDERS FOR HER DEDICATION TO THE CHILDREN OF CHARLESTON COUNTY DURING HER MANY YEARS IN THE CLASSROOM.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1996 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1996 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1996 South Carolina Folk Heritage Awards and the members of the 1996 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:00 noon on Wednesday, April 24, 1996, and that the members of the General Assembly recognize and commend the 1996 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
Referred to the Committee on Invitations.
H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS 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.
Read the first time and referred to the Committee on Education.
H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1078 -- Senator Land: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING DR. ALICE STUCKEY GRAVES, ONE OF LEE COUNTY'S OUTSTANDING CITIZENS, FOR HER ACCOMPLISHMENTS AND HER CONTRIBUTIONS TO THE SUCCESS OF HER COMMUNITY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following 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.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
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.
Senator HOLLAND explained the Bill.
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.
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 (JUD3486.001), which was adopted:
Amend the bill, as and if amended, page 1, line 21, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 34-11-60(b) of the 1976 Code is amended to read:
"(b) In any prosecution or action under the provisions of this section, a check, draft, or other written order for which the information required in item (1) of this subsection is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or other written order and that such person was a party authorized to draw upon the named account. The failure of the person receiving the check to obtain the information specified in items (1) or (2) of this subsection shall not warrant dismissal of a prosecution or other action brought pursuant to this section, but the party bringing the action shall in such circumstances have the burden of proving that the defendant signed or endorsed the check and presented it in payment of some debt or other obligation.
(1) To establish this prima facie evidence, the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order shall be obtained by the party receiving such the instrument. Such This information may be provided by having such the information recorded on the check or instrument itself, or the number of a check-cashing identification card issued by the receiving party may be recorded on the check. Such The check-cashing identification card shall be issued only after the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order has been placed on file by the receiving party.
(2) In addition to the information required in item (1) of this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting such the check and as evidence of such the receiving party shall initial the check. Validation by a bank teller machine shall constitute compliance with this item."/.
Renumber sections to conform.
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.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
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.
(By prior motion of Senator WASHINGTON)
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.
Senators PASSAILAIGUE and PEELER spoke on the Bill.
On motion of Senator J. VERNE SMITH, with unanimous consent, H. 4397 was ordered to receive a third reading on Friday, February 2, 1996.
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.
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 (JUD3132.002), 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 14-7-250 of the 1976 Code, as last amended by Act 483 of 1992, is further amended to read:
"Section 14-7-250. The names of those who are drawn and actually serve as jurors must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person shall is required to serve as a juror more than once in three calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year.
Nothing contained in this article prohibits a person whose name has been properly drawn and who desires to serve as a juror from serving more frequently than once every three calendar years, except that no person shall serve as a juror more than once every calendar year as provided in Section 14-7-850."
SECTION 2. Section 14-7-850 of the 1976 Code is amended to read:
"Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once in every three calendar year years and no person shall serve as a juror more than once every calendar year, but he is not exempt unless he actually attends and serves as a juror in pursuance of such draft, nor is he exempt from serving on a jury in any other court in consequence of his having served before a magistrate."
SECTION 3. 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.
S. 1066 -- Senator Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE 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.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
On motion of Senator PEELER, the Resolution was committed to the Cherokee Delegation.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Interrupted Debate was authorized to remain in committee, retaining its place on the Calendar, to be reported to the Senate not later than February 21, 1996.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator J. VERNE SMITH, the Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
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.
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 McCONNELL spoke on the Bill.
Senators SHORT and HAYES proposed the following Amendment No. 1 (66R001.LHS), which was adopted:
Amend the Senate Labor, Commerce and Industry Committee Amendment, as and if amended, on page 66-1, by striking lines 35 through the end of line 42, and on page 66-2, by striking line 1 in its entirety.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
The Committee on Labor, Commerce and Industry proposed the following amendment (GJK\21761SD.95), which was adopted:
Amend the bill, as and if amended, by striking the first sentence of Section 6-9-10 of the 1976 Code as contained in SECTION 1 and inserting:
/All municipalities, as defined by Section 5-1-20, and counties in this State is authorized to shall adopt building, energy, housing, electrical, plumbing, and mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, energy efficiency, installation of equipment, alteration, repair, occupancy, or removal of building and structures located within its jurisdiction their jurisdictions and promulgate regulations to implement the codes their enforcement./
Amend the bill further, as and if amended, page 2, beginning on line 35, in Section 6-9-10, by adding a new sentence to read:
/The adoption and enforcement of any codes regarding manufactured housing shall be reserved to the federal Department of Housing and Urban Development except that the South Carolina Manufactured Housing Board may adopt and enforce such regulations where permitted by federal law. However, the governing body of a county or municipality may enforce the installation regulations adopted by the South Carolina Manufactured Housing Board./
Amend the bill further, as and if amended, beginning on line 41, page 2, in Section 6-9-20, by striking the first sentence and inserting:
/Municipalities and counties may establish agreements with other governmental entities of the State to issue permits and enforce building codes in order to provide the services required by this chapter./
Amend the bill further, as and if amended, page 3, line 8, in Section 6-9-20, by inserting after /in/ /the appendices to/
Amend the bill further, as and if amended, page 3, by striking items (1), (2), and (3) of Section 6-9-30 and inserting:
/(1) municipalities and counties with a population above 70,000: one year after the effective date of this provision;
(2) municipalities and counties with a population of 35,000 to 70,000: two years after the effective date of this provision;
(3) municipalities and counties with a population under 35,000: three years after the effective date of this provision./
Amend the bill further, as and if amended, page 4, by striking Section 6-9-50 and inserting:
/"Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Model Energy Code as published by the Council of American Building Officials, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.
The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission."/
Amend the bill further, as and if amended, page 5, in Section 6-9-60, by striking /thirteen/ on line 8 and inserting /thirteen fifteen/.
Amend the bill further, as and if amended, page 5, beginning on line 9, by striking the second paragraph of Section 6-9-60 and inserting:
/Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an architect registered in South Carolina, representatives a representative from the Municipal Association of South Carolina, a representative from the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, a general contractor licensed in South Carolina, a residential home builder licensed in South Carolina, a handicapped person, and the Chief Engineer of the State Budget and Control Board a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, a representative designated by the State Engineer of the Budget and Control Board, a structural engineer registered in South Carolina, a certified building official employed by a municipality or county, a representative designated by the State Fire Marshal, a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council./
Amend the bill further, as and if amended, page 7, by adding at the end of Section 6-9-70:
/However, prior to being charged with a second violation, an individual must be given seven working days to remedy the violation. If no substantial progress is made toward correcting the violation by the end of the seventh working day, every day of violation thereafter is considered a separate violation./
Amend the bill, as and if amended, page 7, by striking Section 6-9-90 and inserting:
/"Section 6-9-90. County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this chapter. Notwithstanding any other provision of law, the governing body of a county or municipality may impose or increase taxes or fees necessary to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body. The authority given to a county and municipality in this section may not be amended, repealed, or otherwise affected except by direct reference to this section by an act of the General Assembly."/
Amend the bill further, as and if amended, page 7, by striking Section 6-9-110 and inserting:
/"Section 6-9-110. In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any a building standard be construed to does not apply to any a state department, institution, or agency permanent improvement project, construction project, renovation project, or property. After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, excluding schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50."/
Amend the bill further, as and if amended, page 8, by striking Section 6-8-10 and inserting:
/"Section 6-8-10. When used in this chapter 'building codes enforcement officer' means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer."/
Amend the bill further, as and if amended, page 8, by striking the last sentence of Section 6-8-20(A) and inserting:
/The council may promulgate regulations for the proper enforcement of this chapter./
Amend title to conform.
Renumber sections to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
On motion of Senator McCONNELL, with unanimous consent for members to be allowed to offer further amendments without regard to questions of degree, 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 adoption of Amendment No. 1 (JUD144.002), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, January 30, 1996.
On motion of Senator MATTHEWS, the Bill was carried over.
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 DRUMMOND, 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 adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of Wednesday, January 31, 1996.
On motion of Senator McCONNELL, 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.
Senator LEATHERMAN proposed the following Amendment No. 1 (DKA\3491CM.96), which was adopted:
Amend the bill, as and if amended, Section 50-13-1760, SECTION 1, page 1, line 26, by striking /an invoice/ and inserting / an invoice documentation which indicates the date of purchase and where the fish were purchased /;
line 28, by striking / The invoice / and inserting / The invoice This documentation/;
line 34, by striking / invoice / and inserting / invoice documentation/;
line 36, by striking / bill of sale / and inserting / bill of sale documentation notice ; and
line 38, by striking / invoice number / and inserting / invoice number documentation/.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with 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 third reading of the Bill.
Senator LEATHERMAN moved to carry over the Bill.
Senator BRYAN moved to table the motion to carry over.
The motion to carry over was laid on the table.
Senator O'DELL argued in favor of the Bill.
Senator CORK argued contra to the Bill.
Senator CORK moved to carry over the Bill.
Senator BRYAN moved to table the motion to carry over.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Ford Giese Glover Hayes Holland Jackson Lander Leatherman Leventis Martin Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Setzler Short Washington Wilson
Cork Gregory Ryberg Smith, J.V.
The motion to carry over was laid on the table.
The question then was the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
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 third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
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 MATTHEWS, the Bill was committed to the Committee on Education, retaining its place on the Calendar.
On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Maude Pendergrass Pride of Columbia, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, February 2, 1996, it stand adjourned to meet next Tuesday, February 6, 1996, at 12:00 Noon, which motion was adopted.
At 12:01 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
Senator McCONNELL desired to be recorded as voting against the motion to adjourn.
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