Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 words from the Book of Proverbs, Chapter 2 (vv. 6, 10-11) (NRSV):
"For the Lord gives wisdom...
for wisdom will come into your heart,
and knowledge will be pleasant to
your soul; prudence will watch over you;
and understanding will guard you."
Let us pray.
Our Father-God, Your works and Your interaction in the lives of humanity have been seen and known by the children of the races throughout the ages.
By Your grace we come again from our homes to serve our people here.
Give inspiration from above as we sometimes stand toe-to-toe in debate as we wrestle with the issues that concern our common life.
Help us, in it all, to make our work a form of worship as we give our best in mind, body, and spirit to resolving the problems that bedevil our people.
Out of the heat, give us light!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were introduced:
S. 1120 -- Senator McConnell: A BILL TO AMEND SECTION 38-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL LICENSE FEES AND TAXES UNDER THE STATE'S INSURANCE LAW, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A MUNICIPAL LICENSE FEE SHALL NOT EXCEED TWO PERCENT OF THE PREMIUMS RECEIVED FROM RISKS LOCATED WITHIN THE LIMITS OF THE MUNICIPALITY, PROVIDE FOR CERTAIN EXCEPTIONS, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ESTABLISH A UNIFORM METHOD FOR COLLECTING AND DISTRIBUTING ANY PREMIUM-BASED TAXES OR FEES COLLECTED BY MUNICIPALITIES FROM INSURERS SO AS TO MEET CERTAIN CRITERIA.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1121 -- Senator McConnell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT THERE IS NO REQUIREMENT FOR AN INSURER OR AN INSURANCE AGENT TO OFFER UNDERINSURED MOTORIST COVERAGE AT LIMITS LESS THAN THE STATUTORILY REQUIRED BODILY INJURY OR PROPERTY DAMAGE LIMITS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.
Read the first time and referred to the Committee on Finance.
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
Read the first time and referred to the Committee on Judiciary.
S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
Read the first time and referred to the Committee on Judiciary.
S. 1125 -- Senator Fair: A BILL TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.
Read the first time and referred to the Committee on Judiciary.
S. 1126 -- Senator Waldrep: A BILL TO AMEND SECTION 5-25-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS REQUIRING SMOKE DETECTORS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS ON FIRST OFFENSE IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE FINED NOT MORE THAN ONE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, AND TO INCREASE THE FINE FOR A SECOND OFFENSE FROM BETWEEN FIFTY DOLLARS AND TWO HUNDRED DOLLARS TO BETWEEN ONE HUNDRED DOLLARS AND FIVE HUNDRED DOLLARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1128 -- Senator Giese: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO PROVIDE THAT THE SENATE SHALL MEET AT 10 O'CLOCK A.M. ON EVERY STATEWIDE DAY.
Be it resolved by the Senate:
That Rule 1, Rules of the Senate, is amended to read:
"The Senate, on the first day of each annual session, shall convene at 12 o'clock noon, and on adjournment thereafter, shall stand adjourned until 11 10 o'clock a.m. of the following session day as herein prescribed. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session."
Referred to the Committee on Rules.
S. 1129 -- Senators Giese, Bryan, Lander, McConnell and Drummond: A SENATE RESOLUTION TO AMEND RULE 49, RULES OF THE SENATE, RELATING TO INVITATIONS, SO AS TO PROHIBIT THE ACCEPTANCE OF AN INVITATION TO BE HELD BETWEEN THE HOURS OF NOON AND 2:00 P.M.
Be it resolved by the Senate:
That the first paragraph of Rule 49, Rules of the Senate, is amended to read:
"All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins or which is to be held between the hours of noon and 2:00 p.m. The committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual Senators may attend functions at any club without being censored or prejudiced in any manner."
Referred to the Committee on Rules.
S. 1130 -- Senators Giese, Bryan and McConnell: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO PROVIDE THAT DURING THE MONTH OF JANUARY, THE SENATE SHALL MEET AND IMMEDIATELY RECESS UNTIL THE SECOND TUESDAY OF FEBRUARY AND DURING THAT TIME OF RECESS ONLY MEET IN COMMITTEES AND SUBCOMMITTEES AND PROVIDE AN EXCEPTION.
Be it resolved by the Senate:
That Rule 1, Rules of the Senate, is amended to read:
"The Senate, on the first day of each annual session, shall convene at 12 o'clock noon, and on adjournment immediately recess thereafter, shall stand adjourned recessed until 11 o'clock a.m. of the following session day as herein prescribed 12 o'clock on the second Tuesday in February. After adjournment on the second Tuesday in February, it shall stand adjourned until 11 o'clock a.m. of the following session day as prescribed in this rule. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.
The Senate shall meet only in committee and subcommittee from the second day of the session until the second Tuesday in February when the meeting schedule shall revert to the provisions of the first paragraph of this rule, provided, however, that the Senate may meet as a body between the second day of the session and the second Tuesday in February at the call of the chair."
Referred to the Committee on Rules.
S. 1131 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MRS. FRANCES MARSHALL OF JOHNSTON, WHO WAS BURIED FRIDAY, SEPTEMBER 1, 1995.
The Senate Resolution was adopted.
S. 1132 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. ROBERT A. (BOBBY) COVAR OF EDGEFIELD, WHO DIED WEDNESDAY, SEPTEMBER 6, 1995.
The Senate Resolution was adopted.
S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND MRS. MILDRED C. "MILLIE" BAGNAL OF CAYCE FOR HER LONG AND DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER UPCOMING RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1134 -- Senators Ryberg, Moore and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.
Whereas, Joseph Jefferson Wofford "Shoeless Joe" Jackson was born on July 16, 1889, in Pickens County; and
Whereas, Joe's family moved to the Brandon Mill Community in Greenville County when he was six years of age; and
Whereas, by 1902, at thirteen years of age, he was working twelve hours a day in a cotton mill in Greenville County; and
Whereas, Joe's only escape from the drudgery of the mill was in the fields playing baseball; and
Whereas, at the age of fifteen he was an outfielder for the Brandon Mill Baseball Team; and
Whereas, at nineteen years of age Joe signed a seventy-five dollar a month contract to begin his professional baseball career playing for the Greenville Spinners in 1908; and
Whereas, Connie Mack, upon discovering Joe's talent, is credited with saying, "An apothecary down in that burg who had previously written me some good tips in regard to young prospects kept urging me to give this fellow a trial. But what intrigued me most was that this prodigy played without shoes. He doesn't wear spikes or in fact any kind of covering for his feet, came the tip. He's so fast that he can tear around those bases without any such help."; and
Whereas, on July 19, 1908, Joe married his greatest fan and sweetheart, Katie Wynn; and
Whereas, he played for the Philadelphia Athletics during the 1908-1909 season and for the Cleveland Indians from 1910-1915; and
Whereas, while playing for the Indians, Ty Cobb said that Joe was the finest natural hitter he had ever seen; and
Whereas, at the end of the 1915 season, he was traded to the Chicago White Sox where he played on the White Sox's 1917 World Series Championship Team; and
Whereas, the moment in history that "Shoeless Joe Jackson" unfortunately is remembered best is for supposedly throwing the 1919 World Series game between the White Sox and the Cincinnati Reds; and
Whereas, Joe and seven of his teammates were banished from organized baseball for life by Baseball Commissioner, Judge Kenesaw Mountain Landis for this alleged crime even though they were found innocent in a jury trial in 1921; and
Whereas, in 1929, Joe and Katie returned to Greenville County as heroes for giving their best to major league baseball and proceeded to open and operate several businesses; and
Whereas, Joe died on December 5, 1951; and
Whereas, there has been an ongoing battle to have his name entered into the Major League Baseball Hall of Fame; and
Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7, 1993, donated and deeded the land known as Old Brandon Mill Ball Field to the Greenville County Recreation District. This is the field on which Joe learned to play the game he truly loved; and
Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and
Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and
Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson.
Referred to the Committee on Transportation.
H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
Read the first time and referred to the Committee on Finance.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
Ordered for consideration tomorrow.
Senator McGILL introduced Dr. E. Conyers O'Bryan of Florence, S.C., Doctor of the Day.
At 1:00 P.M., Senator J. VERNE SMITH requested a leave of absence until adjournment at 1:25 P.M.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 799 -- Senators Bryan, Giese and Wilson: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OFLAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\3544.1), which was adopted:
Amend the bill, as and if amended, on page one, line 40 after the words /Students who earn/ by striking /one unit/ and inserting:
/two units/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Senator HAYES explained the Resolution.
S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A SPECIFIED DOLLAR AMOUNT BE USED FOR HIGHER EDUCATION SCHOLARSHIP GRANTS, AND TO REPEAL PARAGRAPH 72.71, SECTION 72, PART 1B OF ACT 145 OF 1995 WHICH SPECIFIES THE MANNER IN WHICH THESE FUNDS MUST BE DISTRIBUTED FOR FISCAL YEAR 1995-96.
Senator BRYAN explained the Bill.
S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".
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.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Senator SETZLER moved that the Bill be made a Special Order.
Senator McCONNELL raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
On motion of Senator PEELER, 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.
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 THOMAS, 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 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 third reading of the Bill.
On motion of Senator PEELER, 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 DRUMMOND, 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.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator PATTERSON, the Bill was carried over.
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator THOMAS moved to carry over the Bill.
Senator COURTNEY objected.
The question then was the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Mescher Peeler Thomas
Alexander Boan Bryan Cork Courson Courtney Drummond Ford Giese Glover Gregory Holland Jackson Land Lander Leventis Martin McConnell McGill Moore O'Dell Passailaigue Patterson Reese Rose Ryberg Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
The Senate refused to carry over the Bill. The question then was the second reading of the Bill.
Senator COURTNEY explained the Bill.
The Bill was read the second time, passed and ordered to a third reading.
H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (4055R001.JWM) proposed by Senator MATTHEWS and previously printed in the Journal of May 16, 1995.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
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.
H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the General Committee.
On motion of Senator DRUMMOND, the Resolution was carried over.
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
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.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
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.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
On motion of Senator BRYAN, the Bill was carried over.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN explained the Bill.
Senator J. VERNE SMITH asked unanimous consent to make a motion that if the Bill received a second reading today, that he be recorded as voting against the motion.
There was no objection.
Senator BRYAN continued explaining the Bill.
Senator BRYAN moved to adjourn debate on the Bill.
Senator PEELER made a parliamentary inquiry as to whether or not the motion to adjourn debate was a debatable motion.
The PRESIDENT stated that the motion was not debatable.
On motion of Senator BRYAN, with unanimous consent, the motion to adjourn debate on the Bill was withdrawn.
Senator PEELER argued contra to the second reading of the Bill.
Senator CORK spoke on the Bill.
Senator BRYAN moved to adjourn debate on the Bill.
A roll call vote was ordered.
Senator HOLLAND moved that the Senate stand adjourned.
Senator THOMAS raised a Point of Order that the motion to adjourn was out of order inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The question then was the motion to adjourn debate on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Ford Giese Hayes Holland Land Lander Leatherman Martin Matthews McConnell McGill Moore Patterson Rankin Reese Setzler Short Smith, G. Waldrep Washington Wilson
Cork Courson Fair Glover Gregory Jackson Leventis Mescher O'Dell Passailaigue Peeler Richter Rose Russell Ryberg Thomas
Debate was adjourned on the Bill.
Senator PEELER asked unanimous consent to make a motion to refer S. 1117 to the Committee on Finance, retaining its place on the Calendar.
Senator SETZLER objected.
Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Robert B. Howell, 117 West Ninth Street, Gaffney, S.C. 29340 VICE Charles S. Greene (deceased)
At 1:25 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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