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 a word from above us all, in Psalm 145 (vv.13b-16) (NRSV):
"The Lord is faithful in all His words,
and gracious in all His deeds.
The Lord upholds all who are falling,
and raises up all who are bowed down."
Let us pray.
Lord, God of the nations, this week for us, and the people of South Carolina, could be a highly significant week in the process of this election year.
We will hear many thoughts concerning the political and economic currents of our corporate life.
What our people think and feel and resolve could have global significance.
May all who speak be aware that a "faithful God" will have the last word.
May all who listen be led by Your Spirit to discern between the wheat and the chaff.
We pray also, and especially, for the loyal and responsible media as they communicate to the grass roots of our commonwealth.
Lord, let truth prevail!
We pray because we believe the Psalmist who said:
"The Lord upholds all who are falling,
And raises up all who are bowed down."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 10, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:
Nursing Home Adm. - Non-Profit:
Walter E. Hickman, Jr., D.Min., Administrator, Presbyterian Home of South Carolina, CMR 140, 201 West 9th North Street, Summerville, S.C. 29483 VICE C. William Trawick
Referred to the Committee on Medical Affairs.
January 29, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1994, and to expire August 1, 1999:
At-Large:
Mr. Samuel M. Pierson, III, 155 Woodshore Drive, Columbia, S.C. 29223 VICE Ginny Wolfe
Referred to the Committee on Corrections and Penology.
February 6, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1992, and to expire August 1, 1997:
Sexual Assault Prevention/Treatment:
Lois J. Veronen, Ph.D., Department of Psychology, Winthrop University, Rock Hill, S.C. 29733 VICE Jan Vogelsang (resigned)
Referred to the Committee on Corrections and Penology.
February 7, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:
Credit Union League:
Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201
Referred to the Committee on Banking and Insurance.
February 12, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1996, and to expire June 30, 2000:
3rd Congressional District:
Mrs. Elizabeth B. Weaver, 100 Norte Vista Drive, Easley, S.C. 29640
Referred to the General Committee.
February 20, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:
Chairman:
Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, S.C. 29501
Referred to the Committee on Education.
Senator FAIR introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.
Senator LEVENTIS rose to a Point of Personal Privilege.
At 12:40 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:50 P.M.
There was no objection and a message was sent to the House accordingly.
S. 1172 -- Senators Boan and Martin: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.
On motion of Senator MARTIN, with unanimous consent, leave was granted to remove his name as a co-sponsor of the Bill.
I wish the Journal to reflect that my name was inadvertently added as a co-sponsor of S. 1172 and therefore I asked and received unanimous consent of the Senate to remove my name as an author of that Bill.
The following were introduced:
S. 1175 -- Senator Boan: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".
Read the first time and referred to the Committee on Banking and Insurance.
S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1177 -- Senators McConnell, Drummond, J. Verne Smith, Land, Leatherman, Setzler, Courson, Moore, Peeler, O'Dell, Martin, Richter and Boan: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1178 -- Senators Martin, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-270 SO AS TO AUTHORIZE THE INVESTMENT OF THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES, TO ESTABLISH THE EQUITY INVESTMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING RECOMMENDATIONS WITH RESPECT TO AN ANNUAL EQUITY INVESTMENT PLAN PREPARED BY THE STATE TREASURER SUBJECT TO THE REVIEW AND APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, TO ESTABLISH REQUIREMENTS FOR THE ANNUAL PLAN, PROVIDE REPORTING REQUIREMENTS, AND AUTHORIZE THE RETAINING OF PERSONS OR FIRMS TO MANAGE AND ASSIST WITH THESE INVESTMENTS; TO AMEND SECTIONS 9-1-1310 AND 9-11-240, RELATING TO INVESTING OF FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW THE INVESTMENTS AUTHORIZED BY THIS ACT, AND TO MAKE THIS ACT EFFECTIVE ON THE RATIFICATION DATE OF A CONSTITUTIONAL AMENDMENT AUTHORIZING ITS TERMS.
Read the first time and referred to the Committee on Finance.
S. 1179 -- Senators Martin, Wilson and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Senator MARTIN spoke on the Joint Resolution.
Read the first time and referred to the Committee on Finance.
S. 1180 -- Senators Bryan, McConnell, Giese, Matthews, Ryberg, Leventis, Thomas, Mescher, Martin, Setzler and Richter: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 1997 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.
Senator BRYAN spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 1181 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO EXEMPT FROM THE DOCUMENTARY STAMP TAX REAL ESTATE TRANSFERS MADE PURSUANT TO AN ORDER OF THE FAMILY COURT.
Read the first time and referred to the Committee on Finance.
S. 1182 -- Senator Hayes: A BILL TO AMEND SECTION 44-53-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, AND CERTAIN PENALTIES, SO AS TO REVISE THE PENALTY FOR FIRST OFFENSE TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE OF TEN GRAMS OR MORE BUT LESS THAN TWENTY-EIGHT GRAMS.
Read the first time and referred to the Committee on Judiciary.
S. 1183 -- Senators Thomas, J. Verne Smith and Fair: A BILL TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.
Read the first time and referred to the Committee on Judiciary.
S. 1184 -- Senator Leventis: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1996" AND TO ESTABLISH THE PROCEDURES BY WHICH AND CONDITIONS UNDER WHICH PREJUDGMENT AND POST JUDGMENT WRITS OF GARNISHMENT AGAINST THE INCOME OF A DEBTOR MAY BE ISSUED.
Read the first time and referred to the Committee on Judiciary.
S. 1185 -- Senators Russell and Giese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS, BIOLOGICAL PRODUCTS, AND MEDICAL DEVICES.
Whereas, improving patient access to quality health care is a paramount national goal; and
Whereas, the key to improved health care, especially for persons with serious, unmet medical needs, is the rapid approval of safe and effective new drugs, biological products, and medical devices; and
Whereas, minimizing the delay between discovery and eventual approval of a new drug, biological product, or medical device derived from research conducted by innovative pharmaceutical and biotechnology companies could improve the lives of millions of Americans; and
Whereas, current limitations on the dissemination of information about pharmaceutical products reduce the availability of information to physicians, other health care professionals, and patients and unfairly limit the right of free speech guaranteed by the First Amendment to the United States Constitution; and
Whereas, current rules and practices governing the review of new drugs, biological products, and medical devices by the United States Food and Drug Administration can delay approvals and are unnecessarily expensive. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs, biological products, and medical devices.
Be it further resolved that copies of this resolution be forwarded to each member of the South Carolina Congressional Delegation, the President of the United States Senate, and the Speaker of the United States House of Representatives, all at Washington, D.C.
Referred to the Committee on Medical Affairs.
H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.
Read the first time and referred to the Committee on Judiciary.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Read the first time and on motion of Senator COURSON, with unanimous consent, ordered placed on the Calendar without reference.
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
Read the first time and referred to the Committee on Judiciary.
H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
Read the first time and referred to the Committee on Judiciary.
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
Read the first time and referred to the Committee on Finance.
H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 917 -- Senators Wilson, Lander, Hayes, Reese, Elliott, Alexander and Setzler: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.
Ordered for consideration tomorrow.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
The House returned the Bill with amendments.
Senator HAYES explained the amendments.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
The House returned the Bill with amendments.
Senator McCONNELL explained the amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1171 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT EUGENE HOPPER OF YORK COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 27, 1996, at 12:50 P.M. and the following Acts and Joint Resolution were ratified:
(R239) S. 189 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN NONPARTISAN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
(R240) S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: AN ACT TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE FOR THE TIME A CANDIDATE MUST FILE IF SEEKING NOMINATION BY PETITION, AND PROVIDE THAT A SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION IF THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS IS NO MORE THAN SIXTY DAYS PRIOR TO THE GENERAL ELECTION.
(R241) S. 468 -- Senator Hayes: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.
(R242) S. 654 -- Senator Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
(R243) S. 1088 -- Senators Washington and Mescher: AN ACT 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.
(R244) S. 1105 -- Senators Martin and Alexander: AN ACT TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.
(R245) S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.
(R246) S. 1127 -- Senators Cork and Washington: AN ACT 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.
(R247) H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: AN ACT TO AMEND SECTIONS 14-7-250, AS AMENDED, AND 14-7-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE AS JURORS, SO AS TO PROVIDE THAT A PERSON MAY SERVE AS A JUROR MORE FREQUENTLY THAN ONCE EVERY THREE YEARS BUT MAY NOT SERVE MORE THAN ONCE EVERY YEAR.
(R248) H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: AN ACT TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CERTAIN CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, AND SECTION 15-3-370, RELATING TO THE STATUTE OF LIMITATIONS ON REAL PROPERTY ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
(R249) 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: AN ACT 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 WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE THAT FAILURE OF THE PERSON RECEIVING A CHECK TO OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING THE ACTION HAS THE BURDEN OF PROVING THAT THE DEFENDANT SIGNED OR ENDORSED THE CHECK AND PRESENTED IT IN PAYMENT OF A DEBT OR OBLIGATION.
(R250) H. 3878 -- Rep. Witherspoon: AN ACT 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; AND TO DELETE THE REQUIREMENT THAT AN INVOICE, BILL OF SALE, AND AN INVOICE NUMBER BE PROVIDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT CERTAIN DOCUMENTATION AND DOCUMENTATION NOTICE ARE REQUIRED UNDER CERTAIN CIRCUMSTANCES.
(R251) H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: AN ACT 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 AND TO CORRECT INTERNAL REFERENCES; AND TO AMEND SECTION 20-7-1700, AS AMENDED, RELATING TO CONSENT AND RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO REQUIRE CONSENT AND RELINQUISHMENT TO BE GIVEN AFTER THE BIRTH OF AN ADOPTEE.
(R252) H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: AN ACT TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R253) H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
(R254) H. 4506 -- Rep. Delleney: AN ACT 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.
(R255) H. 4535 -- Reps. Kinon, Jennings and M. Hines: AN ACT TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.
(R256) H. 4587 -- Reps. Jennings, J. Harris and Kinon: AN ACT TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.
(R257) H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: AN ACT TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution 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. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.
Senator COURTNEY explained the Bill.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.
H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.
Senator PEELER explained the Bill.
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.
The Labor, Commerce and Industry Committee proposed the following amendment (S-LCI\506.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 42-1-415. (A) Notwithstanding any other provision of law, upon the submission of documentation to the commission that a contractor or subcontractor has represented himself to a higher tier subcontractor, contractor or project owner as having workers' compensation insurance at the time the contractor or subcontractor was engaged to perform work, only the contractor or subcontractor who represented himself as having workers' compensation insurance may be considered a statutory employer for claims filed by his employees under this title. In the event that employer is uninsured, his injured employee's exclusive remedy under this title is the Uninsured Employers' Fund, which shall immediately accept responsibility for such claims.
(B) Documentation of insurance as provided in subsection (A) shall be collected by the project owner or contractor on a standard form prepared by the commission. It shall be collected at the time the contractor or subcontractor is engaged to perform work. This documentation shall be turned over to the commission at the discretion of the project owner or contractor who initially collected it.
(C) The falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such false documentation to the penalties for fraud as provided by law. Additionally, a subcontractor who falsely documents workers' compensation insurance shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40."
SECTION 2. This act takes effect upon approval of the Governor./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND proposed the following amendment (BBM\10590JM.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 42-1-415. (A) Notwithstanding any other provision of law, upon the submission of documentation to the commission that a contractor or subcontractor has represented himself to a higher tier subcontractor, contractor, or project owner as having workers' compensation insurance at the time the contractor or subcontractor was engaged to perform work, only the contractor or subcontractor who represented himself as having workers' compensation insurance may be considered a statutory employer for claims filed by his employees under this title. In the event that that employer is uninsured, regardless of the number of employees that that employer has, the higher tier subcontractor, contractor, project owner, or his insurance carrier shall in the first instance pay all awards of compensation and medical benefits provided by this title. The higher tier subcontractor, contractor, or project owner must be reimbursed from the Uninsured Employers' Fund as created by Section 42-7-200 for compensation, medical benefits, and reasonable expenses as may be determined by the commission. Any disputes arising as a result of claims filed under this section must be determined by the commission.
(B) To qualify for reimbursement under this section, the higher tier subcontractor, contractor, or project owner must collect documentation of insurance as provided in subsection (A) on a standard form prepared by the commission. The documentation must be collected at the time the contractor or subcontractor is engaged to perform work and must be turned over to the commission at the time a claim is filed by the injured employee.
(C) The falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such false documentation to the penalties for fraud as provided by law. Additionally, a subcontractor who falsely documents workers' compensation insurance shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40."
SECTION 2. This act takes effect upon approval of the Governor./
Amend title to conform.
Senator LAND 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.
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.
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.
The Labor, Commerce and Industry Committee proposed the following amendment (S-LCI\1092.001), which was adopted:
Amend the bill, as and if amended, page 1, Section 1, by striking line 40 and inserting in lieu thereof the following:
/penalties provided in subsection (A), the Board of Pyrotechnic Safety, or the State Fire Marshal if the violation falls within the jurisdiction of that office,/.
Amend the bill further, as and if amended, page 2, Section 1, by striking line 1 and inserting in lieu thereof the following:
/the State Board of Pyrotechnic Safety or the State Fire Marshal shall take into account the/.
Amend the bill further, as and if amended, page 2, Section 1, by striking line 6 and inserting in lieu thereof the following:
/(2) The State Board of Pyrotechnic Safety or the State Fire Marshal may refer any/.
Amend title to conform.
Senator LEVENTIS spoke on the Bill.
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:
H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.
On motion of Senator HOLLAND, H. 4581 was ordered to receive a third reading on Wednesday, February 28, 1996.
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.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
On motion of Senator MOORE, with unanimous consent, H. 4398 was ordered to receive a third reading on Wednesday, February 28, 1996.
S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.
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.
The Labor, Commerce and Industry Committee proposed the following amendment (S-LCI\741.001), which was adopted:
Amend the bill, as and if amended, page 2, Section 1, line 7, by striking the word /les/ and inserting the word /less/.
Amend the bill further, as and if amended, page 3, Section 3, by striking line 20 and inserting in lieu thereof the following:
/completed courses in surveying courses and mapping of not less than/.
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator McCONNELL, with unanimous consent, S. 741 was ordered to receive a third reading on Wednesday, February 28, 1996.
S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
On motion of Senator PEELER, the Bill 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.
On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
The Bill was made a Special Order.
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
Senator MOORE spoke on the motion.
On motion of Senator ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar.
On motion of Senator GIESE, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Clarendon County Delegation, the following appointments were confirmed in open session:
Reappointments, Clarendon County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Bobby Ray Floyd, Route 1, Box 617, Lake City, S.C. 29560 VICE Bobby Ray Floyd (vacated per Section 22-1-10, D)
The Honorable James Dingle, Post Office Box 344, Manning, S.C. 29102 VICE James Dingle (vacated per Section 22-1-10, D)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles Calvin Tucker of West Columbia, S.C.
At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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