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, let us begin a new week in the spirit of the Psalmist who said in Psalm 146 (vv.1-2,5) (NRSV):
"Praise the Lord!
Praise the Lord, O my soul!
I will praise the Lord as long
as I live...
Happy are those whose help is the
God of Jacob,
Whose hope is in the Lord their God..."
Let us pray.
O God our Father, deliver us this day:
From all weakness of will;
From the indecision which cannot make up its mind;
From the inability to say "No" to the tempting voices which come to us from inside and from outside;
From being too easily discouraged;
From giving up and giving in too soon.
Give us, O Lord, determination, steadfastness and perseverance, as ones who have found favor in Your sight!
Amen!
TO: The Clerk of the Senate
The Clerk of the House
FROM: F.G. Delleney, Jr., Chairman
Judicial Screening Committee
DATE: March 26, 1996
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Representative F.G. Delleney, Jr., Chairman
Senator Glenn F. McConnell, Vice-Chairman
Senator Edward E. Saleeby
Senator Thomas L. Moore
Senator John R. Russell
Representative Ralph W. Canty
Representative William Douglas Smith
Representative L. Hunter Limbaugh
Date Draft Report Issued: Friday, March 22, 1996
Date and Time Final Report Issued: Tuesday, March 26, 1996 --
12:00 Noon
Judicial Candidates are not free to seek or accept commitment until March 26, 1996, at 12:00 Noon.
The Joint Legislative Committee for Judicial Screening is charged by law to consider the qualifications of candidates for the judiciary. The Joint Committee has carefully investigated the candidates currently set for screening and found all of the candidates qualified for judicial office. This report details the reasons for the Joint Committee's findings and each candidate's qualifications as they relate to the Joint Committee's nine evaluative criteria.
Since June of 1995, the Joint Committee has implemented some changes to its screening format. The Joint Committee has asked candidates offering for the Supreme Court, Court of Appeals, and Circuit Court their views on constitutional interpretation and sentencing philosophy. These questions were asked in an effort to provide the members of the General Assembly more information about candidates and their thought processes. These questions should not suggest that the Joint Committee believes that there are right or wrong answers to those questions. The Joint Committee has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office they are seeking. The Joint Committee has attempted to ask each candidate offering for the Court of Appeals for his experience in the areas of criminal, civil, and domestic law since those are the cases that would generally be heard by members of this court. The Joint Committee feels that candidates should have familiarity with the subject matter of the court for which they offer. In assessing each candidate's performance on the practice and procedure questions, the Joint Committee has placed candidates in one of three categories: failed to meet expectations, met expectations, or exceeded expectations. The Joint Committee feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
The Joint Committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which it questions each candidate on a wide variety of issues. The Joint Committee's investigation focuses on nine evaluative criteria. These evaluative criteria are: integrity and impartiality; legal knowledge and ability; professional experience; judicial temperament; diligence and industry; mental and physical capabilities; financial responsibilities; public service; and ethics. The Joint Committee's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) study of appellate record;
(10) investigation of complaints.
While the law provides that the Joint Committee is to make findings as to qualifications, the Joint Committee views its role as also including an obligation to consider candidates in the context of the judiciary on which, if elected, they will serve and, to some degree, govern. To that end, the Joint Committee inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public it represents as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts.
The Joint Committee expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.
This report is the culmination of weeks of investigatory work and public hearings. The Joint Committee takes its responsibilities very seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision. If you would like to review portions of the screening transcript or other public information about a candidate before it is printed in the Journal, please contact Beth Atwater at 734-4851.
This report conveys the Joint Committee's findings as to the qualifications of all candidates currently offering for election to the Court of Appeals.
Joint Committee's Finding: Qualified
Judge Clary was screened on March 20, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Clary's character, integrity, and reputation are outstanding.
Judge Clary demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, the acceptance of gifts and ordinary social hospitality.
(2) Legal Knowledge and Ability:
Judge Clary has been an adjunct professor of Business Law at Limestone College with teaching responsibilities in general business and commercial law. He has also been a Moderator/Panelist for the Circuit Judges Forum at the South Carolina Defense Attorneys Annual Meeting in 1994.
The Joint Committee found Judge Clary to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Clary graduated from the University of South Carolina School of Law in 1974 and was admitted to the Bar in 1975.
From 1974 to 1975, Judge Clary was Minority Counsel to the U.S. Senate Judiciary Subcommittee on Internal Security and Legislative Assistant to Senator Strom Thurmond. He was an adjunct professor of Business Law at Limestone College from 1976 to 1986. He had a private practice as an associate of J.P. Askins from 1975 to 1976. This practice included administrative law, workers compensation, insurance, public utility, hospital and health care, corporate, real estate law and civil and criminal trials. He was a sole practitioner from 1976 to 1980, a partner in the firm of Hall, Daniel, Winter, & Clary from 1980 to 1991, and a sole practitioner from 1991 to 1992. Judge Clary was elected a Circuit Court Judge in 1992.
Judge Clary described his practice before being elected Circuit Court Judge as 65% civil, 5% criminal, and 30% domestic.
Judge Clary provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) State vs. Tanner - (Williamsburg County) Court of General Sessions.
(b) Thomas vs. Bryson Chevrolet Olds, Inc. (80-CP-11-82).
(c) Sossamon Construction Company vs. General Signal, a Division of BIF Corporation, (81-CP-11-304) JR, 15,472.
(d) Hambright vs. Peeler, (82-CP-11-68) JR, 810.
(e) Newton vs. Clement Brothers, (84-CP-11-84).
Judge Clary handled the following civil appeals:
(a) Roper Hospital vs. South Carolina Department of Health and Environmental Control and St. Francis Xavier Hospital, 410 S.E.2d 558, 306 S.C. 138 (1991).
(b) In re: Zaman, 329 S.E.2d 436, 285 S.C. 345 (Sup. Ct. 1985).
(c) National Health Corporation d/b/a National Health Care Center of Charleston vs. South Carolina Department of Health and Environmental Control, North Charleston Convalescent Center, Inc. and Cadam Corporation d/b/a/ Southeastern Geriatric and Rehabilitation Hospital, (S.C. Ct. App. not reported) (87-CP-40-4387). Settled prior to final hearing.
Judge Clary considers the following to be his most significant orders or opinions:
(a) The State vs. Johnny Babe Ray, Jr., (90-GS-42-3918).
(b) The State vs. Wade Parris, 96-MO-035 (S.C. Sup. Ct. filed January 26, 1996).
(c) Adams, et al. vs. Texfi Industries, et al., Op. No. 24340 (S.C. Sup. Ct. filed November 6, 1995) (1994, S.C. App.) 443 S.E.2d 913, Reh. Den. (June 16, 1994).
(d) Justice vs. BMG Distribution, Inc., et al., Op. No. 24235.
(e) Lentczner vs. Winthrop University, (93-CP-46-426).
The Joint Committee determined that Judge Clary had engaged in an active trial practice in the trial courts of South Carolina, marked by a degree of breadth and sophistication. He has also served with distinction as a Circuit Court Judge in South Carolina.
(4) Judicial Temperament:
The Joint Committee believes that Judge Clary's temperament has been and would continue to be excellent.
(5) Diligence and Industry:
Judge Clary was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Clary is married and has two children.
(6) Mental and Physical Capabilities:
Judge Clary appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Clary has managed his financial affairs responsibly.
(8) Public Service:
Judge Clary served in the U.S. Air Force Reserve from 1968 to 1969. He received an Honorable Discharge.
Judge Clary is active in professional activities.
(9) Ethics:
Judge Clary testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Clary testified that he is aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Clary testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
10) Miscellaneous:
Judge Clary meets the constitutional requirements for the office he seeks.
The Bar found Judge Clary qualified. The Bar reported that Judge Clary "has markedly broad experience in the law from his seventeen (17) years of private practice in administrative law, worker's compensation law, insurance law, public utility law, hospital and health care law, corporate law, real estate law, and civil and criminal litigation. He has been an adjunct professor of business and commercial law at Limestone College for ten (10) consecutive years. Furthermore, he has had significant experience in the judicial system by having served as Circuit Court Judge, At-Large Seat #5, since 1992. Judge Clary is highly respected by the vast majority of Bar members contacted for his impartiality, judicial temperament, legal skills, promptness, and industry in his work as Circuit Court Judge. He is viewed as an individual of exemplary character and integrity. By the overwhelming majority of those surveyed, Judge Clary was felt to possess outstanding judicial characteristics which reflect well upon the people of South Carolina and the bar of this State."
Judge Clary was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Clary's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Joint Committee's Finding: Qualified
Judge Gray was screened on March 20, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Gray's character, integrity, and reputation are outstanding.
Judge Gray demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, the acceptance of gifts and ordinary social hospitality.
Judge Gray reported that he was named as a defendant in Jerry Screen v. Cassandra Green et al., 92-CP-06-96. The case was about a minor's claim in a structured settlement. Judge Gray stated that he represented one of the parties to the structured settlement.
(2) Legal Knowledge and Ability:
Judge Gray has lectured at the New Family Court Judges Orientation on "Handling Pro Se Litigation" in July 1995.
The Joint Committee found Judge Gray to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Gray was graduated from South Carolina State University Law School in 1963 and was admitted to the Bar later in the same year.
Since his graduation from law school, Judge Gray practiced with Ernest A. Finney before he was drafted in 1963, part-time from 1965 to 1971, full-time until Justice Finney's election to the bench, and then with associates until July 1992.
Judge Gray described his practice before being elected Family Court Judge as 50% civil, 25% criminal, and 25% domestic.
Judge Gray provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) S.R. Barton et al. vs. Dept. of Housing and Urban Development. Case tried in U.S. District Court and the U.S. Court of Appeals. Cite not available.
(b) State vs. Freeman Poinsett, 250 S.C. 293, ___S.E. ___(___).
(c) Finney & Gray vs. S.C. Public Services Authority, 284 S.C. 397, ___S.E.2d___(___).
(d) Joseph Johnson vs. Henderson, 279 S.C. 132, ___, ___S.E.2d ___(___).
(e) American Bankers vs. L.C. Frederick, Op. No. 2030, at trial level.
Judge Gray has handled the following civil appeals:
(a) S.C. Insurance Co. vs. White, 301 S.C. 133, ___S.E.2d___(___).
(b) Suburban Propane Gas Company vs. DesChamps, 298 S.C. 230, ___S.E.2d___(___).
(c) S.R. Barton et al. vs. Department of Housing and Urban Development, U.S. Court of Appeals.
(d) Joseph Johnson vs. Henderson, 279 S.C. 132, ___, ___S.E.2d___(___).
(e) Elijah Montgomery vs. Social Security Administration, U.S. District Court.
Judge Gray has handled the following criminal appeals:
(a) In re Shaw, 274 S.C. 534, ___S.E.2d___(___).
(b) State v. Poinsett, 250 S.C. 293, ____S.E.___(___).
Judge Gray considers the following to be his most significant orders or opinions:
(a) Patricia Ann Freeman vs. Ashby O. Freeman, Docket No. 92-DR-08-2717, Op. No. 95-UP-222 (S.C. Ct. App. 1995).
(b) Norman Henslee vs. Victoria S. Henslee, Docket No. 93-DR-08-1449.
(c) Franklin H. Shaefer vs. Stephanie Ann Shaefer, Docket No. 93-DR-10-8988.
(d) Susan Newman vs. John Lee Newman, Docket No. 93-DR-43-2139.
(e) Susan L. Jessen vs. Eric C. Jessen, Docket No. 93-DR-1924, Op. No. 95-MO-183 (S.C. Sup. Ct. 1995).
In response to a request of the Joint Committee, Judge Gray provided the following additional professional experience as indicative of his trial practice prior to his service as a Family Court Judge:
(a) Barton v. Department. This case involved a condemnation action by the Department of Housing and Urban Development.
(b) State v. Poinsett. A criminal action challenging the legality of service of a warrant on a Sunday.
(c) Finney & Gray vs. S.C. Public Service. Condemnation action.
(d) Johnson v. Henderson. Negligence case in which an auto struck a child riding a moped. The case was appealed on the basis of an incorrect verdict being entered. The Supreme Court reversed.
(e) American Bankers vs. Frederick. Agency case wherein the Plaintiff alleged that the agent caused loss of business because of his actions.
The Joint Committee determined that Judge Gray had engaged in an active trial practice in the trial courts of South Carolina, marked by a degree of breadth and sophistication. He has also served with distinction as a Family Court Judge in South Carolina.
(4) Judicial Temperament:
The Joint Committee believes that Judge Gray's temperament has been and would continue to be excellent.
(5) Diligence and Industry:
Judge Gray was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Gray is married and has three children.
(6) Mental and Physical Capabilities:
Judge Gray appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Gray has managed his financial affairs responsibly.
(8) Public Service:
Judge Gray served in the U.S. Army from 1962 to 1965. He received an Honorable Discharge.
Judge Gray is active in professional activities.
(9) Ethics:
Judge Gray testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Gray testified that he is aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Gray testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Judge Gray meets the constitutional requirements for the office he seeks.
The Bar found Judge Gray qualified for service on the Court of Appeals. The Bar reported that Judge Gray has "an excellent work ethic and reputation for diligence which has apparently served well in control of his docket and timely issuance of orders. He is respected for his fairness, ability to recognize issues, and evenhanded disposition of matters before him. Judge Gray is of unquestioned character and integrity. Members of the Bar interviewed were unanimous that he is fair and not influenced by litigants or counsel. In general, he is well thought of by attorneys who have appeared before him."
Judge Gray was asked about his general philosophy regarding the sentencing of various categories of criminal defendants including repeat violent offenders, juveniles waived to Circuit Court, and "white collar" criminals. The candidate's actual response to each of these questions is included in Judge Gray's transcript of his public hearing. The Committee has included these responses solely for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Judge Gray was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Gray's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Joint Committee's Finding: Qualified
Judge Howard was screened on March 20, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Howard's character, integrity, and reputation are outstanding.
Judge Howard demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, the acceptance of gifts and ordinary social hospitality.
(2) Legal Knowledge and Ability:
Judge Howard has taught numerous CLE courses, new judge classes, and conferences for the S.C. Defense Attorneys' Association.
The Joint Committee found Judge Howard to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
(3) Professional Experience:
Judge Howard graduated from the University of South Carolina School of Law in 1973 and was admitted to the Bar later in the same year.
Since his graduation from law school, Judge Howard had a general practice including civil defense, criminal defense, domestic law, plaintiff tort, workers' comp, real estate, trust and will preparation from 1973 to 1988. Further and while in private practice, Judge Howard had an extensive appellate practice. Judge Howard was elected a Circuit Court Judge in 1988.
Judge Howard was appointed as an acting judge of the South Carolina Court of Appeals in August 1994 and served until June 1995.
Judge Howard provided the Joint Committee with five of his most significant orders or opinions which he listed as follows:
(a) State v. Susan Smith, June 1995. Order proscribing publication of mental competency report.
(b) In re the Estate and Last Will and Testament, John D. Muller, Jr. The Evangelical Lutheran Charities Society of Charleston, South Carolina vs. South Carolina National Bank as Trustee of the Charitable Testamentary Trust Created Under the Last Will and Testament of John D. Muller, Jr., 91-CP-10-2766, January 3, 1995.
(c) W.O Thomas, Jr., et al. vs. Cooper River Park and Playground Commission, et al., 93-CP-10-1647, November 17, 1995; Order after Petition for Reconsideration, December 16, 1994.
(d) John and Lorna Osborne, Eric Staton, and L.E. Spence vs. Glen P. Carver, Claude Surface, C&S Properties of Beaufort, Inc. and Standard Federal Savings & Loan Association, 87-CP-07-1491.
(e) Charles M. Condon, as Solicitor, Ninth Judicial Circuit vs. All that certain lot, et al., 91-CP-10-1410.
Judge Howard listed civil and criminal appellate opinions he has handled as follows:
(a) Southern Contracting vs. H.C. Bryon Const., ___S.C.___, 450 S.E.2d 602 (Ct. App. 1994).
(b) Jefferies vs. Phillips, ___S.C.___, 451 S.E.2d 21 (Ct. App. 1994).
(c) Wright vs. Marlboro County School District, ___S.C.___, 452 S.E.2d 12 (Ct. App. 1994).
(d) Sanders vs. Emery, ___S.C.___, 452 S.E. 2d 636 (Ct. App. 1994).
(e) Pearson vs. Church of God, Op. No. 2336 (Ct. App. 1995).
Judge Howard provided the following criminal appeals he has authored:
(a) State vs. Guess, Op. No. 2332 (Ct. App. 1995).
(b) City of Columbia vs. Moore, Op. No. ___ (Ct. App. 1995).
(c) State vs. Sammie Brown, Op. No. 2338 (Ct. App. 1995).
(d) State vs. Brownlee, Op. No. 2313 (Ct. App. 1995).
(4) Judicial Temperament:
The Joint Committee believes that Judge Howard's temperament has been and would continue to be excellent.
(5) Diligence and Industry:
Judge Howard was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Howard is married and has two children.
(6) Mental and Physical Capabilities:
Judge Howard appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Howard has managed his financial affairs responsibly.
(8) Public Service:
Judge Howard was a Captain in the U.S. Army Reserves from September to December 1973. He was honorably discharged.
Judge Howard has been active in professional and community activities.
(9) Ethics:
Judge Howard testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Howard testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Howard testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Judge Howard meets the constitutional requirements for the office he seeks.
The Bar found Judge Howard qualified. The Bar reported that Judge Howard "has significant experience in the judicial system having served as Circuit Court Judge since July 12, 1988, for the Ninth Judicial Circuit. He also was appointed as Acting Judge for the Court of Appeals from August 1994 until June 1995. He is respected by an overwhelming majority of members of the Bar contacted for impartiality, judicial temperament, legal skills, promptness, and industry in his work as Circuit Court Judge. He is an individual of impeccable character and integrity. He received excellent ratings for his courtroom demeanor and temperament. The overwhelming majority of those contacted felt that Judge Howard has brought credit to the Circuit Court Bench and the Court of Appeals through his professional behavior in the courtroom, and has demonstrated through his personal demeanor and behavior the type of attributes which represent fairness and equality to the people of South Carolina and the Bar of this state."
Judge Howard was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Howard's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Respectfully submitted,
/s/Rep. F.G. Delleney, Jr., Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Senator Edward E. Saleeby
/s/Rep. Ralph W. Canty
/s/Rep. L. Hunter Limbaugh
/s/Rep. W. Douglas Smith
On motion of Senator McCONNELL, with unanimous consent, the report was ordered printed in the Journal.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 11, 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, Barnwell County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853
March 19, 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, Barnwell County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Cecile Robinson, Post Office Box 1054, Barnwell, S.C. 29812
March 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 General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:
Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010
The following was received and referred to the appropriate committee for consideration:
Document No. 1925
Promulgated by Department Of Health and Environmental Control
61-47. Shellfish
Received by Lt. Governor March 21, 1996
Referred to Senate Committee on Medical Affairs
120 day review period expiration date July 19, 1996 (subject to sine die revision)
At 12:12 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 12:55 P.M.
There was no objection and a message was sent to the House accordingly.
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.
Senator McCONNELL asked unanimous consent to make a motion to request return of the Bill from the House of Representatives.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being reconsideration of third reading of the Bill.
Senator McCONNELL proposed the following amendment (409R004.GFM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-22-10. As used in this chapter:
(1) 'Engages in a kayaking, canoeing, or rafting activity' means riding in, training in, using, providing, paddling, or being a passenger in a kayak, canoe, or raft or a person assisting a participant. It does not include being a spectator at a kayaking, canoeing, or rafting activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the kayaking, canoeing, or rafting activity.
(2) 'Kayak' means a lightweight hand-powered watercraft similar to a canoe which may or may not have more than one circular opening in the covered top.
(3) 'Canoe' means a lightweight hand-powered watercraft similar to a kayak which has an open top and is designed to hold no more than three people.
(4) 'Raft' means a hand-powered inflatable watercraft which has an open top and is designed to hold one or more people.
(5) 'Kayaking, canoeing, or rafting activity' means:
(a) a competition, exercise, or undertaking that involves a kayak, canoe, or raft;
(b) kayak, canoe, or raft training or teaching activities, or both;
(c) using, inspecting, or evaluating a kayak, canoe, or raft belonging to another, whether the owner has received monetary consideration or another thing of value for the use of the kayak, canoe, or raft or is permitting a prospective purchaser of the kayak, canoe, or raft to use, inspect, or evaluate the kayak, canoe, or raft;
(d) a ride, trip, or other kayak, canoe, or raft activity, however informal or impromptu, that is sponsored by a kayaking, canoeing, or rafting sponsor.
(6) 'Kayaking, canoeing, or rafting activity sponsor' means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the opportunity for a kayaking, canoeing, or rafting activity, and an operator, instructor, and promoter of a kayaking, canoeing, or rafting activity.
(7) 'Kayak, canoe, or raft professional' means a person engaged for compensation in:
(a) instructing a participant or renting to a participant a kayak, canoe, or raft for the purpose of using, operating, riding, driving, or being a passenger in the kayak, canoe, or raft;
(b) renting kayak, canoe, or raft equipment to a participant.
(8) 'Inherent risk of kayaking, canoeing, or rafting activity' means those dangers or conditions which are an integral part of kayaking, canoeing, or rafting activities including, but not limited to:
(a) the propensity of a kayak, canoe, or raft to react in water that may result in injury, harm, or death to a person in or around the kayak, canoe, or raft;
(b) certain hazards such as surface and subsurface conditions;
(c) collisions with other kayaks, canoes, rafts, or objects; and
(d) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the kayak, canoe, or raft or not acting within the participant's ability.
(9) 'Participant' means a person, amateur or professional, who engages in kayaking, canoeing, or rafting activity, whether or not a fee is paid to participate in the kayaking, canoeing, or rafting activity.
Section 50-22-20. (A) Except as provided in subsection (B), a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional is not liable for an injury to or the death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe, or raft professional, for injury, loss, damage, or death of the participant resulting from an inherent risk of kayaking, canoeing, or rafting activity.
(B) Nothing in subsection (A) prevents or limits the liability of a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe, or raft professional, if the kayaking, canoeing, or rafting activity sponsor, or kayak, canoe, or raft professional:
(1) provided the equipment, kayak, canoe, or raft and knew or should have known that the equipment, kayak, canoe, or raft was faulty, and the equipment, kayak, canoe, or raft was faulty to the extent that it caused the injury;
(2) owns, leases, rents, or otherwise is in lawful possession, control, or use of the land, water, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the kayaking, canoeing, or rafting activity sponsor or kayak, canoe, or raft professional, and for which warning signs have not been conspicuously posted;
(3) committed an act or omission that constitutes wilful or wanton disregard for the safety of the participant and that an act or omission caused the injury; or
(4) intentionally injured the participant.
(C) Nothing in subsection (A) prevents or limits the liability of a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional under liability provisions as set forth in the products liability laws.
(D) The provisions of this chapter shall not cover or apply to any liability arising from the ownership, maintenance, or use of any motor vehicle.
Section 50-22-30. (A) A kayak, canoe, or raft professional and a kayaking, canoeing, or rafting activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (B). These signs must be placed in a clearly visible location on or near the staging area where the kayak, canoe, or raft professional or the kayaking, canoeing, or rafting activity sponsor begins to conduct kayaking, canoeing, or rafting activities. The warning notice specified in subsection (B) must appear on the sign in black letters with each letter a minimum of one inch in height. A written contract entered into by a kayak, canoe, or raft professional or by a kayaking, canoeing, or rafting activity sponsor to provide professional services, instruction, rental of equipment, or a kayak, canoe, or raft to a participant, whether or not the contract involves kayaking, canoeing, or rafting activities on or off the location or site of the place of business of the kayak, canoe, or raft professional or the kayaking, canoeing, or rafting activity sponsor, must contain in clearly readable print the warning notice specified in subsection (B).
(B) A sign and contract described in subsection (A) must contain the following warning notice:
Under South Carolina law, a kayaking, canoeing, or rafting activity sponsor or kayak, canoe, or raft professional is not liable for an injury to or the death of a participant in a kayaking, canoeing, or rafting activity resulting from an inherent risk of kayaking, canoeing, or rafting activity, pursuant to Chapter 22 of Title 50, Code of Laws of South Carolina, 1976.
(C) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents a kayaking, canoeing, or rafting activity sponsor or professional from invoking the privileges of immunity provided by this chapter, unless the sponsor or professional meets the requirements of Section 50-22-40.
Section 50-22-40. The requirements concerning warning signs and notices provided in Section 50-22-30 do not apply if the kayaking, canoeing, or rafting activity sponsor or professional requires participants to sign a form releasing the sponsor or professional from liability for an injury to or death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity."/
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The House returned the Bill with amendments.
Senator WILSON explained the Bill.
On motion of Senator WILSON, 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.
The following were introduced:
S. 1288 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PHYSICIANS AND SURGEONS, DR. CHARLES F. CREWS, FOR HIS MANY YEARS OF UNSELFISH AND DEVOTED SERVICE TO HIS PATIENTS, TO THE LEXINGTON MEDICAL CENTER AND ITS STAFF, AND TO HIS COMMUNITY.
The Senate Resolution was adopted.
S. 1289 -- Senators Hayes, Peeler, Short and Gregory: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF JAMES STANFORD "STAN" LOTT OF ROCK HILL AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
S. 1290 -- Senator Moore: A SENATE RESOLUTION TO COMMEND THE PLASTICS INDUSTRY IN SOUTH CAROLINA FOR ITS SUBSTANTIAL CONTRIBUTION TO THE STATE'S ECONOMY AND TO COMMEND CERTAIN COMPANIES FOR THEIR LEADERSHIP ROLE IN PLASTICS RECYCLING IN THE UNITED STATES.
The Senate Resolution was adopted.
S. 1291 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, APRIL 2, 1996, AS GERMAN-AMERICAN FRIENDSHIP DAY AND TO EXTEND OUR BEST WISHES AND HOPES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM GERMANY PARTICIPATING IN THE GERMAN-AMERICAN PARTNERSHIP PROGRAM AT AIKEN AND SOUTH AIKEN HIGH SCHOOLS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1292 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF GREENWOOD HIGH SCHOOL ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1996.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1294 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 24, IMPOSING A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 OF THE 1976 CODE, RELATING TO THE DOCUMENTARY STAMP TAX.
Read the first time and referred to the Committee on Finance.
S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Senator MOORE spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.
Read the first time and referred to the Committee on Transportation.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
Read the first time and referred to the Committee on Judiciary.
H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
Read the first time and referred to the Committee on Judiciary.
H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.
Read the first time and referred to the Committee on Finance.
H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.
Read the first time and referred to the Committee on Finance.
H. 4780 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, 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 Agriculture and Natural Resources.
H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. Read the first time and referred to the Committee on Education.
Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable with amendment and Senator MARTIN a minority unfavorable report on:
S. 384 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation polled out S. 704 favorable with amendment:
S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Land Alexander Leatherman O'Dell Boan McGill Passailaigue Rose Short Waldrep Fair Ryberg Smith, G.
Leventis Wilson Patterson Elliott Rankin
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4797 favorable:
H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Peeler Wilson Matthews Patterson O'Dell Passailaigue McGill
Russell Rose
Columbia, S.C., March 21, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.
H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (3532R001.ELP), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/SECTION 1. Title 52 of the 1976 Code is amended by adding:
Section 52-19-10. As used in this chapter:
(1) 'Inherent risk of skating' means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater.
(2) 'Operator' means a person or entity who owns, manages, controls or directs, or who has operational responsibility for a ice or roller skating rink.
(3) 'Skater' means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration.
(4) 'Skating rink' means a building, facility, or premises which provides an area specifically designed to be used by the public for recreational or competitive ice or roller skating.
(5) 'Spectator' means an invitee who is present in a skating rink but is not wearing ice or roller skates.
Section 52-19-20. It is the responsibility and duty of the operator to the extent practicable to:
(1) post in a conspicuous place the duties of skaters and spectators and the duties, obligations, and liabilities of the operator as prescribed in this chapter;
(2) maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter;
(3) have at least one floor supervisor on duty for approximately every two hundred skaters when the skating rink is open for sessions. The floor supervisor is not required to wear skates, and an operator is considered to be a floor supervisor;
(4) maintain the skating surface in a reasonably safe condition and clean and inspect the skating surface before each session;
(5) maintain the railings, kickboards, and walls surrounding the skating surface in good condition;
(6) make certain that in skating rinks with step-up or step-down skating surfaces that the covering on the riser and tread is securely fastened;
(7) inspect emergency lighting units periodically and maintain the emergency lighting units in proper working order;
(8) inspect rental skates on a regular basis and maintain the skates in good mechanical condition; and
(9) comply with all applicable state and local fire and safety codes.
Section 52-19-30. Each skater must:
(1) maintain reasonable control of his speed and course at all times to the extent he is able;
(2) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;
(3) wear skates only in areas designated by the operator;
(4) maintain a proper lookout to avoid other skaters and objects;
(5) accept responsibility for knowing the range of his own ability to negotiate the intended direction of travel while on skates and to skate within the limits of that ability; and
(6) refrain from acting in a manner which may cause or contribute to the injury of himself or any other person.
Section 52-19-40. Each spectator must:
(1) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;
(2) maintain a proper lookout to avoid skaters; and
(3) refrain from acting in a manner which may cause or contribute to the injury of himself, any other spectator or skater.
Section 52-19-50. (A) Except as provided in subsection (B), an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, and no skater, skater's representative, spectator, or spectator's representative may make a claim against, maintain an action against, or recover from an operator, for injury, loss, damage, or death of the skater or spectator resulting from an inherent risk of skating.
(B) Nothing in subsection (A) prevents or limits the liability of an operator to a skater, spectator, or their representative if the operator:
(1) breached his duty as provided in Section 52-19-20 and the breach is the proximate cause of the injury or death;
(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the skater or spectator and that act or omission caused the injury; or
(3) intentionally injured the skater or spectator.
Section 52-19-60. (A) An operator must post and maintain signs placed in clearly visible locations within the skating rink that contain the following warning notice:
Under South Carolina law, an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, pursuant to Chapter 19 of Title 52, Code of Laws of South Carolina, 1976. 'Inherent risk of skating' means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from incidental contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater. In a skating facility, the decisions to wear a helmet or other safety equipment normally associated with outdoor skating is the responsibility of the skater and not the operator.
(B) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an operator from invoking the privileges of immunity provided by this chapter."
SECTION 2. This act takes effect upon approval by the Governor and applies only to causes of action arising on or after this act's effective date. /
Amend the bill further, as and if amended, page 1, by striking lines 11 through 17, and inserting the following:
/TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ICE OR ROLLER SKATING./
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.
S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.
S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
S. 1285 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX, SO AS TO PROHIBIT THE TRAPPING OF GRAY FOXES IN GAME ZONE NINE THROUGH THE USE OF NUMBER TWO OR SMALLER RUBBER PADDED FOOT-HOLD TRAPS.
(By prior motion of Senator McGILL, with unanimous consent)
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator SETZLER moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading.
PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:
"Section 4. Every citizen of the United States and of this State of the age of eighteen and upwards who is properly registered shall be is entitled to vote in the precinct of his residence and not elsewhere. Provided, however, that any registered elector who has moved his place of residence within the State during the thirty days immediately prior to the date of any election shall be entitled to vote in his previous precinct of residence in such election only as provided by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article II, Section 4 of the Constitution of this State be amended so as to delete the requirement that a citizen of the United States and of this State is entitled to vote only in the precinct of his residence and that any registered elector who has moved his place of residence during the thirty days immediately prior to the date of an election is entitled to vote in his previous precinct of residence?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
S. 1272 -- Senators Leventis, Land, Wilson, McGill and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.
H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
S. 200 -- Senators Wilson, Bryan, Courson, Hayes, Thomas, Giese, Russell, O'Dell, Gregory, McConnell, Mescher, Rose, Martin, Lander, Waldrep, Elliott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.
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\200.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-460. The school district board of trustees may authorize a student to be excused from school to attend a class in religious instruction if:
(1) the student's parent or guardian gives his written consent;
(2) the sponsoring religious institution maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the religious instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring religious institution, parent, or guardian;
(4) the sponsoring religious institution makes provisions for and assumes liability for the student who is excused; and
(5) no public funds and no public school personnel are involved in providing the religious instruction.
At the middle school, junior high, or high school level, classes in religious instruction shall be held a maximum of one class period a week at a time determined by local board policy. At the elementary school level, participating students must be excused for a maximum of sixty minutes a week for religious instruction at a time determined by local board policy. It is the responsibility of a participating student to make up any missed school work.
While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.
The board of trustees of the school district shall develop a policy that provides reasonable parameters for the release time authorized by this section, including the academic and behavior standards to be met by students before qualifying for release time."
SECTION 2. This act takes effect August 1, 1996./
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.
Senator CORK desired to be recorded as voting against second reading of the Bill.
H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE proposed the following amendment (4313C001.TLM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-147-10. This chapter may be cited as the 'Higher Education Revenue Bond Act'.
Section 59-147-20. As used in this chapter:
(1) 'board' means the board of trustees of the university;
(2) 'equipment' means items with a useful life of at least fifteen years;
(3) 'facilities' means the real and personal property and equipment specified in Section 59-147-20(2) of this chapter whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;
(4) 'revenues' means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the facilities; and
(5) 'university' means all research and four-year public institutions of higher education.
Section 59-147-30. Subject to the approval of the State Budget and Control Board by resolution duly adopted, the university may issue revenue bonds of the university for the purpose of financing or refinancing in whole or in part the cost of acquisition, construction, reconstruction, renovation and improvement of land, buildings, and other improvements to real property and equipment for the purpose of providing facilities serving the needs of the university including, but not limited to, dormitories, apartment buildings, dwelling houses, bookstore and other university operated stores, laundry, dining halls, cafeterias, parking facilities, student recreational, entertainment and fitness related facilities, inns, conference and other nondegree educational facilities and similar auxiliary facilities of the university and any other facilities which are auxiliary to any of the foregoing excluding, however, athletic department projects which primarily serve varsity athletic teams of the university.
Section 59-147-40. Revenue bonds issued under this chapter must be authorized by a resolution or resolutions of the board of the university. The resolution of the university may, in the discretion of the board, contain provisions, which shall constitute a part of the contract between the university and the several holders of the bonds, as to any of the following:
(1) the custody, security, use, expenditure, or application of the proceeds of the bonds including, without limitation, the use of bond proceeds to pay the cost of acquisition, construction, reconstruction or renovation of facilities, expenses of issuance of the bonds, interest on the bonds for such period of time as the board may determine and the cost of bond insurance or other credit enhancement and to fund reserves established with respect to the bonds;
(2) the acquisition, renovation, construction, reconstruction, or completion of the facilities for which the bonds are issued;
(3) the use, regulation, operation, maintenance, insurance, or disposition of the facilities the revenues from which are pledged to secure payments with respect to the bonds or restrictions on the exercise of the powers of the board to dispose of or to limit or regulate the use of such facilities;
(4) the payment of the principal of, redemption premium, if any, or interest on the bonds and the sources and the methods of the payment, the rank or priority of the bonds as to any lien or security or the acceleration of the maturity of the bonds;
(5) the use and disposition of the revenues including, without limitation, the pledging, setting aside, or depositing with a trustee all or part of the revenues to secure the payment of the principal of, redemption premium, if any, and interest on the bonds and the payment of expenses of operation and maintenance of the facilities;
(6) the setting aside out of bond proceeds, the revenues or other available funds of reserves or sinking funds and the source, custody, security, regulation, and disposition of them;
(7) the determination of the revenues, subject to the provisions of Section 59-147-110 or other available funds to be pledged as security for payments with respect to the bonds and for the expenses of operation and maintenance of the facilities;
(8) the fixing, establishment, collection, and enforcement of the rentals, fees, or other charges from students, faculty members, and others using or being served by, or having the right to use or be served by, the facilities the revenues from which are pledged to secure payments with respect to the bonds and the disposition and application of the revenues so charged and collected;
(9) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(10) rules to ensure the use of the facilities by students or members of the faculty of the university to the maximum extent to which the building or equipment is capable of serving the students or faculty members;
(11) the procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of the bonds may be amended or abrogated, the amount of bonds to which the holders of which must consent, and the manner in which the consent may be given or evidenced; and
(12) any other matter or course of conduct which, by recital in the resolution or resolutions authorizing or providing for the bonds, is declared to further secure the payment of the principal of or the interest on the bonds or to further the purposes for which the facilities are being acquired, constructed, reconstructed, renovated, or equipped and the bonds being issued.
Section 59-147-50. Revenue bonds may be issued in one or more series at such prices, may bear such date or dates, may mature at such time or times, not exceeding forty years from their respective date, may bear interest at such fixed or variable rate or rates, may be payable in such medium of payment and at such place or places, may be in such denomination or denominations, may be in such form, either coupon or registered and either certified or uncertified, may carry such registration privileges, may be subject to such terms of redemption before maturity, with or without premium, and may contain such terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. Except as otherwise specified in the authorizing resolution, the bonds shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code.
Section 59-147-60. The bonds shall be exempt from all state, county, municipal, and school taxes and franchise and license fees.
Section 59-147-70. The bonds must be signed in the corporate name of the university by the manual or facsimile signature of the acting chairman of the board of the university, under the corporate seal of the university attested by the manual or facsimile signature of the acting secretary of the board. Any interest coupons attached to the bonds must be signed by the facsimile signatures of these officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the coupons have ceased to hold office at the time of the issue or at the time of the delivery of the bonds to the purchaser.
Section 59-147-80. The bonds must be sold at public or private sale upon such terms and conditions as the board of the university considers advisable.
Section 59-147-90. The board or its proper administrative officers shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the board, with the rates of interest, maturity dates, annual payments, and all pertinent data.
Section 59-147-100. All provisions of a resolution authorizing or providing for the issuance of the bonds in accordance with Section 59-147-40 and of the covenants and agreements constitute valid and legally binding contracts between the university and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by the holder or holders by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 59-147-110. The bonds must be made payable solely from all or such portion of the revenues as the university in its discretion may designate pursuant to the authorizing resolution and also from any other available funds of the university designated by the university pursuant to the authorizing resolution except funds of the university derived from appropriations received from the General Assembly and any tuition funds pledged to the repayment of state institution bonds. The use of academic fees must be approved by the university's board. The bonds are not general obligations of the State. Neither the members of the board nor any person signing the bonds shall be personally liable for the bonds. No bonds may be issued pursuant to this chapter unless an identified source or sources of revenue are designated for the repayment of the bonds.
Section 59-147-120. This chapter may not be construed as allowing any research or four-year public institution of higher education to issue any revenue bonds of a type not otherwise allowed by law for the particular institution as of December 31, 1995."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE proposed the following amendment (4313C002.TLM), which was adopted:
Amend the bill, as and if amended, by inserting a penultimate SECTION appropriately numbered to read:
/SECTION ___. A. Items (2), (3), (7), and (9) of Section 9A, Act 518 of 1980, as amended by Section 2, Act 545 of 1986, are further amended to read:
"(2) The term 'athletic facilities' means all facilities designated revenue producing by the university as athletic facilities now owned or hereafter acquired by the university for the use of which an admission fee is charged and the revenues from which are pledged to the system of facilities established by this act.
(3) The term 'Bond Reserve Fund' means the special fund to be which may be established by the trustees pursuant to this act, which must be in the custody of the State Treasurer and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds issued pursuant to this act in the event that payments otherwise required for the Debt Service Fund are insufficient to meet the payment of the principal and interest as and when they become due and payable. Monies in the Bond Reserve Fund may also may be used to pay costs of athletic facilities in accordance with the provisions of subsections N and P of this section.
(7) The terms term 'improvements' means:
(i) the enlargement of and improvements to Carolina Stadium including all necessary equipment paid for with the proceeds of bonds or with excess funds in the Bond Reserve Fund; and or
(ii) improvements to any other athletic facilities; or
(iii) the acquisition, construction, reconstruction, renovation, or equipping of any other athletic facility.
(9) The term 'State Board' means the South Carolina Budget and Control Board. Reserved."
B. Section 9C of Act 518 of 1980, as last amended by Section 2, Act 545 of 1986, is further amended to read:
"C. May Issue Bonds.
Subject to obtaining the approval of the state board expressed by resolution duty adopted, the trustees are authorized to issue from time to time not exceeding twenty million dollars of bonds for the purpose of acquiring, constructing, reconstructing, renovating, or equipping athletic facilities. In the event If the trustees, in authorizing the issuance of bonds pursuant to this section, prescribe by resolution that there must be on deposit in the Bond Reserve Fund certain sums at the time of the delivery of the bonds, the trustees are empowered to utilize a portion of the proceeds of any series of bonds issued pursuant to this section in order to meet the requirement."
C. The penultimate paragraph of Section 9N of Act 518 of 1980, as last amended by Section 4, Act 545 of 1986, is further amended to read:
"Whenever the Bond Reserve Fund, if any, exceeds the reserve required for bonds then outstanding the trustees are empowered with the approval of the state board to withdraw the excess and apply it to other athletic facilities or improvements or for any other corporate purpose of the university."
D. Subsection P(1) of Section 9 of Act 518 of 1980 is amended to read:
"(1) (a) To use proceeds of the bonds to acquire, construct, reconstruct, or renovate athletic facilities, to pay the cost of issuance of the bonds, to pay the cost of bond insurance and other credit enhancement and defray the cost of interest accruing on the bonds for such time as determined by the trustees.
(b) To covenant and agree throughout the life of the bonds, that the admission fee and the special student fee shall must be imposed, maintained, and revised when necessary, in such amount, without limitation as to rate, as shall be is sufficient to meet the payment of the principal of and interest on the bonds as they become due, and to create the reserve, if any, required by such resolutions for outstanding bonds in the Bond Reserve Fund. The Bond Reserve Fund shall, except as hereinafter provided, must be used only to meet the payment of the principal of and interest on the bonds when moneys monies in the Debt Service Fund shall be is insufficient therefor, and shall must be maintained in such a manner as to insure it ensure it's availability for such purposes. Whenever the Debt Service Fund shall equal all payments of principal and interest due and to become due in the then current fiscal year, and the Bond Reserve Fund, if any, shall exceed the reserve prescribed for bonds then outstanding, the State Treasurer may with the approval of the trustees and the state board may apply such excess to the defeasance of bonds then outstanding in the manner prescribed by Section T hereof in this section."
E. Subsection P(10) of Section 9 of Act 518 of 1980, as last amended by Section 5, Act 545 of 1986, is further amended to read:
"(10) To operate and maintain all athletic facilities in good repair and to covenant that all varsity football games of the University which are 'home' games, be played at Carolina Stadium."
F. Subsections G, I, L, N(2), and O of Section 9, Act 518 of 1980 are amended to read:
"G. The Bonds shall must be issued as serial or term bonds at such prices, maturing in equal or unequal amounts at such times and on such occasions and shall must be in such denominations as the trustees shall determine; provided always that the last maturing Bonds of any issue shall be expressed to mature not later than twenty-five years from their date, and the first maturing Bonds of any issue, shall fall due not later than three years from their date. They shall bear such rate or rates of interest, payable on such occasions as the trustees shall prescribe, and shall be are payable in such medium of payment, and at such place or places as such resolutions shall prescribe. Any Bonds may be issued with provisions permitting their redemption prior to before their stated maturity at such time and under such conditions as the trustees shall prescribe. Bonds made subject to redemption prior to before their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right or redemption, in such amount as the trustees shall prescribe. All Bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. Any resolution authorizing redeemable bonds shall contain provisions, specifying the manner of call for redemption and the notice thereof that must be given.
I. The Bonds and all interest to become due thereon on them shall have the tax-exempt status prescribed by Section 12-1-60 of the Code of Laws of South Carolina, 1976 are exempt from all state, county, municipal, and school taxes, and franchise and license fees.
L. All Bonds shall must be disposed of in such manner as the trustees shall determine, except that no sale privately negotiated without public advertisement, shall be made unless the approval of the state board shall be obtained. If the trustees shall elect to sell the bonds at public sale, at least one advertisement thereof of the sale shall appear in a financial paper published in the City of New York, State of New York, or in a newspaper of general circulation in South Carolina not less than seven days prior to before the occasion fixed for the opening of bids.
N. (2) The trustees shall immediately may establish the Bond Reserve Fund. At the time of the issuance of any bonds pursuant to this section, the trustees shall may prescribe by resolution the required sums which shall must be deposited and maintained in the Bond Reserve Fund.
O. The trustees shall be are empowered to deposit, in either the Debt Service Fund, or in the Bond Reserve Fund, prior to before the issuance of any Bonds, moneys monies, derived from other sources, including funds raised by the Athletic Department of the university. The trustees further are empowered to deposit in either the Debt Service Fund or Bond Reserve Fund, at any time proceeds from the sale of any athletic revenue bonds and any other athletic funds available to the university. They shall also be are empowered throughout the life of the bonds to make payments from such other sources to the Debt Service Fund or into the Bond Reserve Fund. In calculating the amount or rate of the admission fee and special student fee for any year, the trustees may take into account moneys monies then actually paid into the Debt Service Fund from such other sources which are then available to meet the payment of the principal of and interest on the bonds for such fiscal year."/
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE explained the amendment.
Senator PASSAILAIGUE explained 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.
Senator CORK desired to be recorded as voting against second reading of the Bill.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator JACKSON proposed the following amendment (JUD1286.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 20-7-3097 of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"Section 20-7-3097. (A) Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law any crime listed in Section 20-7-2725(A).
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the day care licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in subsection (A).
(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the day care licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."/
Amend the bill further, as and if amended, page 15, beginning on line 21, by striking SECTION 9 in its entirety.
Renumber remaining sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
Senator ROSE explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3848.001), which was adopted:
Amend the bill, as and if amended, page 1, line 35, in Section 30-7-50, as contained in SECTION 1, by inserting after the word /mortgage/ the following:
/, and may include a toll free number for the assignee if such a number is available/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1210.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 9, in Section 7-3-20(C)(2), as contained in SECTION 1, by striking lines 9 through 11 and inserting the following:
/registered, (c) who has been convicted of a disqualifying crime, or (d) who is otherwise no longer qualified to vote as may be provided by law, or (e) who requests in writing that his name be removed;/
Amend the bill further, as and if amended, page 3, beginning on line 13, in Section 7-3-30(b), as contained in SECTION 1, by striking lines 13 through 17 and inserting therein the following:
/registration office to restore his name to the registration books; provided, however, that if the elector's name has been deleted solely by reason of his failure to vote as provided in Section 7-3-20 (C) (3), his name shall be restored as a matter of course to the registration books upon his request if he shall be otherwise qualified deletion is for conviction, the appeal must be to the Executive Director of the State Election Commission."/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.
On motion of Senator MOORE, the Bill was carried over.
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
On motion of Senator DRUMMOND, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)
Senator SETZLER moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
Senator MOORE asked unanimous consent to make a motion that the Senate stand in recess until 12:55 P.M., at which time the Lieutenant Governor was granted authorization to ratify Acts; and upon completion of the Ratification of Acts, the Senate will stand adjourned.
The motion was adopted.
At 12:50 P.M., on motion of Senator MOORE, the Senate receded from business pending Ratification of Acts.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 26, 1996, at 12:55 P.M. and the following Acts and Joint Resolutions were ratified:
(R262) S. 296 -- Senator Hayes: AN ACT TO AMEND SECTION 12-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT AND ADMINISTRATION OF INCOME TAX PROVISIONS ON BANKS, SO AS TO PROVIDE THAT THESE PROVISIONS ALSO APPLY FOR PURPOSES OF THE ALLOCATION AND APPORTIONMENT OF INCOME SUBJECT TO TAX, TO AMEND SECTION 27-18-180, RELATING TO REPORTS OF UNCLAIMED PROPERTY AND NOTICE TO THE APPARENT OWNER, SO AS TO RAISE THE DOLLAR VALUE OF CERTAIN PROPERTY WHICH REQUIRES IT TO BE REPORTED AS UNCLAIMED PROPERTY, AND TO DELETE PROVISIONS REQUIRING A SPECIFIC REPORTING DATE FOR LIFE INSURANCE COMPANIES, TO AMEND SECTION 27-18-190, RELATING TO THE ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY, SO AS TO REVISE THE REQUIRED PUBLICATION DATES FOR CERTAIN OF THESE NOTICES, AND THE REQUIRED CONTENTS OF PUBLISHED AND MAILED NOTICES, TO AMEND SECTION 27-18-200, RELATING TO PAYMENT ON DELIVERY OF ABANDONED PROPERTY TO THE ADMINISTRATOR, SO AS TO REVISE SUCH REPORTING REQUIREMENTS AND THE DATES OF REPORTING, TO AMEND SECTION 34-19-50, RELATING TO ACCESS TO THE SAFE-DEPOSIT BOX OF A DECEDENT AND THE REMOVAL OF ITS CONTENTS, SO AS TO DELETE CERTAIN LIMITATIONS ON REMOVAL OF CONTENTS, AND TO REPEAL SECTIONS 12-16-1520 AND 12-16-1530, RELATING TO NOTICE AND EXAMINATION OF CERTAIN ASSETS OF A DECEDENT PRIOR TO TRANSFER.
(R263) S. 596 -- Senator Greg Smith: AN ACT TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.
(R264) S. 597 -- Senator Greg Smith: AN ACT TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
(R265) S. 599 -- Senator Thomas: AN ACT TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.
(R266) S. 625 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO MAKE THE SECTION APPLICABLE TO NONPARTISAN CANDIDATES, AUTHORIZE A WATCHER AT A VOTING PLACE FOR A CANDIDATE WHERE HIS NAME IS ON THE BALLOT, PROVIDE FOR WRITTEN CERTIFICATION OF THE WATCHER, PROVIDE FOR THE SIZE AND COLOR OF IDENTIFICATION BADGES THAT A WATCHER MAY WEAR, AND THE LOCATION WHERE WATCHERS MAY OBSERVE THE ELECTION PROCESS.
(R267) S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R268) S. 996 -- Senator J. Verne Smith: AN ACT 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.
(R269) S. 1044 -- Senator McConnell: AN ACT 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.
(R270) S. 1094 -- Senator Bryan: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE AN OFFICIAL REFERENCE FOR THE MAP DEFINING THE COUNTY'S PRECINCT LINES.
(R271) S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R272) S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
(R273) S. 1204 -- Senators Hayes and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
(R274) S. 1220 -- Senator Matthews: AN ACT TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
(R275) H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: AN ACT TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
(R276) H. 3339 -- Rep. Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO PROVIDE A DEFINITION OF AN EMERGENCY SCENE, TO DEFINE WHO HAS AUTHORITY TO CONTROL AN EMERGENCY SCENE, AND TO DEFINE THE RESPONSIBILITIES OF MOTOR VEHICLES PASSING THROUGH AND PEDESTRIANS OBSERVING AN EMERGENCY SCENE.
(R277) H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: AN ACT TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE, AND TO DEFINE A SECOND ADJUDICATION OR CONVICTION.
(R278) 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.
(R279) H. 3898 -- Rep. Sharpe: AN ACT 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.
(R280) H. 4054 -- Rep. McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION LAW APPLIES TO AND INCLUDES ALL PARTICIPANTS IN THE TECH PREP OR OTHER STRUCTURED SCHOOL TO WORK PROGRAMS; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO MAKE CHANGES IN THE PROVISIONS REGARDING THE AVERAGE WEEKLY WAGE FOR STUDENTS OF HIGH SCHOOLS, STATE TECHNICAL SCHOOLS, AND STATE-SUPPORTED COLLEGES AND UNIVERSITIES WHILE ENGAGED IN CERTAIN ACTIVITIES.
(R281) H. 4332 -- Reps. Sharpe, Sandifer and Jennings: AN ACT 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.
(R282) H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: AN ACT 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.
(R283) 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: AN ACT 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 REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO 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.
(R284) H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-65 SO AS TO ESTABLISH LICENSURE REQUIREMENTS FOR FIRST RESPONDER EMERGENCY MEDICAL SERVICES ORGANIZATIONS; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS FOR "THE EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA" SO AS TO DEFINE EMT FIRST RESPONDER AGENCY; TO AMEND SECTION 44-61-30, RELATING TO STANDARDS FOR EMERGENCY MEDICAL SERVICES AND THE CREATION OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL SO AS TO INCLUDE IN THE EMS PROGRAM THE LICENSING OF EMT FIRST RESPONDER AGENCIES, THE DESIGNATION OF TRAUMA CENTERS, AND THE CATEGORIZATION OF HOSPITAL EMERGENCY DEPARTMENTS AND TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; TO AMEND SECTION 44-61-40, RELATING TO EMERGENCY MEDICAL LICENSES AND PERMITS, SO AS TO REQUIRE A LICENSE AND PERMIT FOR PROVIDING EMT FIRST RESPONSE OR AMBULANCE SERVICE RATHER THAN FOR TRANSPORTING PATIENTS; TO AMEND SECTION 44-61-90, RELATING TO AMBULANCE SERVICE RECORDS SO AS TO REQUIRE RECORDKEEPING OF PATIENT CARE RATHER THAN OF AMBULANCE RUNS; AND TO AMEND SECTION 44-61-140, RELATING TO REQUIREMENTS FOR EXISTING RESCUE UNITS SO AS TO PROVIDE THAT IN PERFORMING THEIR FUNCTIONS THESE UNITS MAY NOT CONFLICT WITH LICENSED AGENCIES RATHER THAN WITH AMBULANCE SERVICES.
(R285) H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: AN ACT 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.
(R286) 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.
(R287) H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R288) H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R289) H. 4581 -- Reps. J. Harris, Baxley and Jennings: AN ACT 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.
(R290) H. 4625 -- Reps. Phillips and McCraw: AN ACT TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1995-96 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS, AND TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
(R291) H. 4626 -- Reps. Fleming and Wilder: AN ACT TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R292) H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: AN ACT TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION, REDUCE THE COMPOSITION OF THE COMMISSION FROM ELEVEN TO NINE MEMBERS DELETING REPRESENTATIVES FROM THE TOWN OF LYMAN AND THE CITY OF MAULDIN, PROVIDE THAT THIS SECTION DOES NOT APPLY TO DWELLINGS OR OTHER BUILDINGS WHICH ARE DAMAGED OR DESTROYED AND WHICH ARE SUBSEQUENTLY REPAIRED OR REBUILT, AND PROVIDE THAT CURRENTLY SERVING MEMBERS OF THE COMMISSION SHALL CONTINUE TO SERVE UNTIL MARCH 31, 1996.
(R293) H. 4703 -- Rep. Harvin: AN ACT TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
(R294) H. 4721 -- Reps. Davenport and Littlejohn: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.
(R295) H. 4747 -- Rep. D. Smith: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.
Having received a favorable report from the Lee County Delegation, the following appointment was confirmed in open session:
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:
Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010
Having received a favorable report from the Barnwell County Delegation, the following appointments were confirmed in open session:
Reappointments, Barnwell County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Ms. Cecile Robinson, Post Office Box 1054, Barnwell, S.C. 29812
Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853
At 1:10 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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