Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word for our age from the ancient Book of Ecclesiastes, Chapter 8 (vv. 2-3) (NRSV):
"Keep the King's command because of
your sacred oath.
Do not delay when the matter is unpleasant.
For the word of the King is powerful."
Let us pray.
Our Father-God, we pray that our country may ever be a land where the law is respected as supreme.
Help us by precept and example to lead our people into a disciplined regard for the law that they may not drag their feet even in the presence of "little laws" they may not like, lest our crime rate continue its deathly climb.
Give grace to all who bear office among us that they may rule us in Thy fear, that we may serve You, our God and King, with a quiet mind, through Christ our Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 1912
Promulgated by Department of Labor, Licensing, and Regulation, Board of Professional Engineers and Land Surveyors
Continuing Professional Development for License Renewal
Received by Lt. Governor March 19, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review period expiration date July 17, 1996 (subject to sine die revision)
Document No. 1929
Promulgated by Department of Insurance
To Repeal R69-13.4, Uniform Classification and Territorial Plan - Automobile
Received by Lt. Governor March 25, 1996
Referred to Senate Committee on Banking and Insurance
120 day review period expiration date July 23, 1996 (subject to sine die revision)
On motion of Senator DRUMMOND, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 5, 1996.
Senator McCONNELL introduced Dr. Ray Nickles of Charleston, S.C., Doctor of the Day.
S. 1269 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator ELLIOTT, with unanimous consent, the Resolution was ordered placed on the Calendar.
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.
Senator COURTNEY asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator COURTNEY, H. 4791 was ordered to receive a third reading on Friday, March 29, 1996.
The following were introduced:
S. 1303 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND CAMP DISCOVERY, A NONPROFIT THERAPEUTIC RECREATIONAL CAMP, LOCATED IN BLYTHEWOOD, FOR ITS CONTRIBUTIONS IN BUILDING THE SELF-ESTEEM, INDEPENDENCE, AND AWARENESS OF THE PARTICIPANTS AND CLIENTS IT SERVES, AND TO DECLARE SATURDAY, MARCH 30, 1996, AS "CAMP DISCOVERY DAY" IN SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 1304 -- Senator Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ALICE LOGAN BROWN ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1305 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1307 -- Senator McConnell: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.
Read the first time and referred to the Committee on Judiciary.
S. 1308 -- Judiciary Committee: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT NO FAMILY COURT JUDGE MAY SERVE MORE THAN TWO COMPLETE TERMS; AND TO AMEND SECTION 22-1-10, RELATING TO APPOINTMENT AND TERMS OF MAGISTRATES, SO AS TO PROVIDE THAT NO MAGISTRATE MAY SERVE MORE THAN THREE COMPLETE TERMS.
Read the first time and ordered placed on the Calendar without reference.
S. 1309 -- Senator Holland: A JOINT RESOLUTION AUTHORIZING A REFERENDUM TO BE HELD AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF PROHIBITING PAYOFFS ON THE OPERATION OF COIN-OPERATED VIDEO GAME MACHINES WITH A FREE PLAY FEATURE IN ANY COUNTY WITH A POPULATION OF NOT LESS THAN FORTY-THREE THOUSAND NOR MORE THAN FORTY-FOUR THOUSAND AS OF THE 1990 UNITED STATES CENSUS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4697 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST '96 AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS THE KCBS STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE FOR 1996.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4839 -- Reps. Kelley, T. Brown, Keegan, Martin, Thomas, Witherspoon and Worley: A CONCURRENT RESOLUTION RECOGNIZING THE U.S.S. LOWNDES 1996 REUNION IN SOUTH CAROLINA IN MEMORY OF THE DISTINGUISHED SOUTH CAROLINIAN FOR WHOM THIS WORLD WAR II NAVY SHIP WAS NAMED.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4840 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF SCOTT'S BRANCH HIGH SCHOOL ON WINNING THE 1996 CLASS A UPPER-STATE CHAMPIONSHIP IN GIRLS BASKETBALL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4841 -- Reps. Inabinett, Breeland, S. Whipper, Felder, Herdklotz, R. Smith, G. Brown, Stoddard, Kennedy, J. Hines, Townsend, Mason, Rice, Clyburn, Lloyd, Govan, Stuart, T. Brown, Sheheen, Wells, Hutson, Trotter, Riser, Robinson, Askins, Moody-Lawrence, McMahand, Seithel, Baxley, Carnell, Keyserling, Williams, Stille, D. Smith, Delleney, J. Harris, Keegan, Chamblee, Sandifer, Harrell, Whatley, Witherspoon, McCraw, Littlejohn, Phillips, Simrill, Marchbanks, Anderson, Waldrop, Jaskwhich, Easterday, Tripp, Meacham and Wilder: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 2, 1996) AS "LEGISLATIVE FAMILY DAY 1996" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.
Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and
Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and
Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, designate the first Thursday in May (May 2, 1996) as "Legislative Family Day 1996" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.
Be it further resolved that each member of the General Assembly shows his or her appreciation in a special way to their family members and friends on "Legislative Family Day 1996".
Referred to the Committee on Invitations.
H. 4846 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. JACKSON OF WEST COLUMBIA UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 1052 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2155 SO AS TO PROVIDE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO REQUIRE A SCHOOL BUS DRIVER TO COMPLETE INSERVICE TRAINING, TO REQUIRE THE DEPARTMENT OF EDUCATION TO APPROVE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO PROVIDE THE COST FOR TRAINING, PERMITTING, AND TESTING NECESSARY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE THE FEE STRUCTURE FOR THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE, AND TO REQUIRE APPLICANTS FOR THE SCHOOL BUS OR SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES TO COMPLETE A MEDICAL EXAM; TO AMEND SECTIONS 56-1-2030, AS AMENDED, 56-1-2050, AS AMENDED, 56-1-2070, 56-1-2080, 56-1-2090, 56-1-2100, AS AMENDED, 56-1-2110, AS AMENDED, AND 56-1-2150 RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO INCLUDE DEFINITIONS FOR "SCHOOL BUS DRIVER" AND "INSTRUCTOR OF DRIVER TRAINING AND SAFETY"; TO REQUIRE THE OPERATOR OF A SCHOOL BUS INVOLVED IN A TRAFFIC VIOLATION TO PROVIDE HIS EMPLOYER THIS INFORMATION, AND TO PROHIBIT A SCHOOL BUS DRIVER WHO VIOLATES THIS PROVISION FROM OPERATING A SCHOOL BUS; TO REQUIRE A PERSON WHO OBTAINS A COMMERCIAL DRIVER'S LICENSE TO OPERATE A SCHOOL BUS TO OBTAIN A SCHOOL BUS RESTRICTED OR A SCHOOL BUS ENDORSEMENT COMMERCIAL DRIVER'S LICENSE; TO SPECIFY WHO MAY ADMINISTER THE SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE AND THE SCHOOL ENDORSEMENT FOR A COMMERCIAL DRIVER'S LICENSE SKILLS TEST, AND TO PROHIBIT A SCHOOL BUS DRIVER FROM WAIVING THE SKILLS TESTS; TO REVISE THE FEE A PUBLIC SCHOOL BUS DRIVER MUST PAY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THE PROCEDURE, THE ISSUANCE, AND RENEWAL OF COMMERCIAL DRIVER'S LICENSES, SCHOOL BUS DRIVER CERTIFICATIONS, SCHOOL BUS COMMERCIAL DRIVER'S LICENSES, AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES; TO REQUIRE A PERSON ISSUED A LICENSE WITH A SCHOOL BUS RESTRICTION TO ONLY OPERATE A SCHOOL BUS; TO DISQUALIFY PERSONS WHO HAVE COMMITTED CERTAIN ACTS TO BE DISQUALIFIED FROM OPERATING A SCHOOL BUS; TO PROVIDE THE TESTING A PERSON WHO HAS BEEN ISSUED A COMMERCIAL DRIVER'S LICENSE IN ANOTHER STATE MUST RECEIVE TO BE PERMITTED TO OPERATE A SCHOOL BUS IN THIS STATE, AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER ANOTHER STATE'S TESTING PROCEDURE IS ACCEPTABLE; AND TO PROVIDE THAT THE TERM "DRIVER LICENSE" SHALL MEAN "DRIVER'S LICENSE" WHEREVER IT APPEARS IN THE CODE AND TO PERMIT THE CODE COMMISSIONER TO MAKE THE APPROPRIATE CHANGES IN THE CODE TO CONFORM WITH THIS PROVISION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.
Ordered for consideration tomorrow.
S. 1275 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND CAMP DISCOVERY, A NONPROFIT THERAPEUTIC RECREATIONAL CAMP, LOCATED IN BLYTHEWOOD, FOR ITS CONTRIBUTIONS IN BUILDING THE SELF-ESTEEM, INDEPENDENCE, AND AWARENESS OF THE PARTICIPANTS AND CLIENTS IT SERVES, AND TO DECLARE SATURDAY, MARCH 30, 1996, AS "CAMP DISCOVERY DAY" IN SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1302 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ROBERT "BOB" PARRIS OF CHEROKEE COUNTY, A PROMINENT CIVIC LEADER AND DEVOTED PUBLIC SERVANT, UPON HIS DEATH.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
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.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
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.
S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (1187R001.JWD), which was adopted:
Amend the bill, as and if amended, page 1, line 38, by adding after the word / corporations / the following:
/, provided, however, that such for-profit corporations are subject to applicable federal and state taxes/
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.
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
Senator MARTIN 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 second reading of the Bill.
Senators HOLLAND, MARTIN and LANDER proposed the following amendment (JUD4064.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 40-29-20 of the 1976 Code, as last amended by Section 900, Act 181 of 1993, is further amended by adding appropriately numbered items alphabetically to read:
"( ) 'Manufactured home contractor' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.
( ) 'Manufactured home installer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration installs manufactured housing.
( ) 'Manufactured home repairer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home."
SECTION 2. The first paragraph of Section 40-29-30 of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"There is created the "Manufactured Housing Board". It is composed of nine ten members who are residents of South Carolina appointed by the Governor for terms of four years, and until their successors are appointed and qualify. Terms of the members are limited to two consecutive four-year terms, except for the manufactured housing manufacturer. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance business, a full-time employee of a fire department, a manufactured home manufacturer, a representative of the banking and finance business, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without vote."
SECTION 3. Section 40-29-100(A) of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, manufactured home manufacturer, or manufacturer's representative, in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board."
SECTION 4. Section 40-29-100(B) of the 1976 Code, as last amended by Section 902, Act 181 of 1993, is further amended to read:
"(B) All licenses must be granted or refused within thirty days after proper and complete application. All licenses expire June thirtieth of each year following the date of issue, unless sooner revoked or suspended; however, the licenses of manufactured home contractors, installers, and repairers expire December thirty-first of each year following the date of issue, unless sooner revoked or suspended. An applicant for licensing shall:
(1) demonstrate financial responsibility as required by regulations of the board;
(2) not have engaged illegally in the licensed classification;
(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;
(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;
(5) if an individual or partnership, have maintained a residence or street address in South Carolina for at least thirty days before the date of application;
(6) submit proof of registration with the South Carolina Department of Revenue and Taxation and submit a current tax identification number; and
(7) where applicable pass an examination administered by the board in the license classification for which application is made.;
(8) where applicable, complete training as prescribed by the board."
SECTION 5. Section 40-29-100(E) of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"(E) Each A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of each a manufactured home retail dealer and manufactured home manufacturer to display conspicuously display the licenses in the established place of business. Manufactured home retail salesmen, manufactured home contractors, installers, and repairers, and manufacturer's representatives are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request."
SECTION 6. Section 40-29-110 of the 1976 Code is amended by adding at the end:
"(E) No manufactured home contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board."
SECTION 7. Section 40-29-120(A)(4) of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"(4) for a manufacturer's representative, ten thousand dollars for a manufactured home contractor, installer, or repairer, five thousand dollars."
SECTION 8. Section 40-29-120(B)(3) of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"(3) The board, upon a finding of a violation by a licensee, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense or the repeat nature of the licensee's violations, but the total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, and twenty thousand dollars for salespersons or manufacturer's representatives, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section."
SECTION 9. Section 40-29-130(A) of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"(A) If repair work is required on the consumer's home and the manufacturer, or dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The requirement of three bids may be waived by the division board if conditions require a waiver. The division board shall select the low bidder to perform the repair work. The requirement of selecting the low bidder may be waived only if it is clear that the work cannot properly be performed at the bid level. Payment from the surety bond or other approved security must be authorized by the board only after the work is completed, inspected, and approved."
SECTION 10. Section 40-29-150(16) and (17) of the 1976 Code, as added by Act 128 of 1989, are amended to read:
"(16) failing to comply with adopted state or federal standards in the manufacture, sale, installation, repair, modification, or delivery of manufactured housing;
(17) employing unlicensed manufacturer's representatives or retail salesmen or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;"
SECTION 11. The first paragraph of Section 40-29-160 of the 1976 Code, as last amended by Section 904, Act 181 of 1993, is further amended to read:
"A person selling or offering for sale manufactured homes in the state without a valid license to sell or offer for sale the homes or a person who employs a person selling or offering for sale manufactured homes in this State without a valid license to sell or offer for sale the homes engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty."
SECTION 12. Section 40-29-170 of the 1976 Code, as added by Act 128 of 1989, is amended to read:
"Section 40-29-170. (A) Each manufactured home manufacturer and manufactured home retail dealer of manufactured homes shall warrant each new manufactured home sold in the State in accordance with the warranty requirements prescribed by this section for at least twelve months from the date of delivery or installation of the manufactured home to the consumer. The warranty requirements for each manufactured home manufacturer and manufactured home retail dealer of manufactured homes are as follows:
(1) The manufacturer warrants that:
(a) that all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from substantial defect in material and workmanship;
(b) that the manufactured home complies with this chapter and regulations promulgated by its authority under this chapter;
(c) that all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;
(d) that appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the division or by the consumer;
(e) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;
(f) that repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.
(2) The manufactured home retail dealer warrants that:
(a) that all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and does do not bring the manufactured home out of compliance with the standards; and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;
(b) that appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the division or by the consumer;
(c) that repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;
(d) that the setup operations performed by the dealer on the manufactured home must be performed in compliance with applicable federal or state standards, acts, or law; regulations or standards for the installation of manufactured homes, and during the course of setup and transportation of the manufactured home by the manufactured home retail dealer, substantial defects do not occur;
(e) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.
(B) A manufactured home contractor, installer, or repairer shall warrant his work for a period of twelve months from completion of the work as follows:
(1) the contractor warrants that:
(a) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes and that his performance will not cause substantial defects in the home;
(b) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards and that his performance will not cause substantial defects in the home;
(2) the installer warrants that:
(a) installation is performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;
(b) his performance will not cause substantial defects in the home;
(3) the repairer warrants that:
(a) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes;
(b) his performance will not cause a substantial defect in the home."
SECTION 13. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a new mobile home on the interstate highways of this State shall travel at a maximum speed no greater than ten miles below the posted speed limit."
SECTION 14. Section 40-29-40 of the 1976 Code, as added by Act 128 of 1989, is amended by adding at the end:
"Unless clearly indicated otherwise, this chapter applies to manufactured homes and mobile homes."
SECTION 15. Section 40-29-100 of the 1976 Code is amended by adding at the end:
"(G) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony or an offense involving moral turpitude. Further, the board may deny a license to an applicant who previously had been found by the board to be in violation of Section 40-29-150."
SECTION 16. This act takes effect upon approval by the Governor except that Sections 3 and 7 take effect January 1, 1997, and Section 6 takes effect July 1, 1997./.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
On motion of Senator PASSAILAIGUE, with unanimous consent, H. 4369 was ordered to receive a third reading on Friday, March 29, 1996.
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 PASSAILAIGUE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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)
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Senator PEELER moved that the Bill be made a Special Order.
Senator McCONNELL made a Parliamentary Inquiry as to whether or not the Bill had been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT stated that the Bill had been on the Calendar for the required number of days.
The Bill was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator BRYAN, the Bill was carried over.
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 third reading of the Bill.
Senator PASSAILAIGUE argued in favor of the third reading of the Bill.
Senator CORK spoke on the Bill.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator CORK desired to be recorded as voting against the third reading of the Bill.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator THOMAS desired to be recorded as voting against the third reading of the Bill.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of Wednesday, January 31, 1996.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The 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 the Act enrolled for Ratification.
Senator THOMAS desired to be recorded as voting against the third reading of the Bill.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (22339SD.96) proposed by Senator GREGORY and previously printed in the Journal of February 14, 1996.
On motion of Senator GREGORY, with unanimous consent, Amendment No. 1 was withdrawn from consideration.
Senator GREGORY asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 4.
There was no objection.
Senator GREGORY proposed the following Amendment No. 4 (3544R004.CKG), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 59-65-45 of the 1976 Code is amended to read:
"Section 59-65-45. In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schools the associations meeting the requirements of this section exempts the home school from the further requirements of Section 59-65-40.
The State Department of Education shall conduct annually a review of the association standards and membership reporting procedures to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days; and
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.;
(d) evidence that a student is receiving regular instruction, to include the following records which shall be maintained by the parent-teacher:
(1) a plan book, diary, or other written record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work;
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above; and
(e) students must have access to library facilities.
By January thirtieth of each year, the South Carolina Association of Independent Home Schools all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."/.
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 3 (GJK\22421JM.96):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/Section ____. The 1976 Code is amended by adding:
"Section 59-39-180. Notwithstanding any other provision of this title, home-schooled students who are of high school age and whose course of study is at the high school level shall have the opportunity to participate in any of the extracurricular activities offered by the public high school in the home-schooled student's attendance zone as long as the school district where the home-schooled student resides has agreed to such participation on a district-wide basis for all of the high schools in that district."/
Renumber sections to conform.
Amend totals and title to conform.
Senator GIESE explained the amendment.
Senator RANKIN spoke on the amendment.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (3897R002.GS) proposed by Senator GREG SMITH and previously printed in the Journal of Wednesday, March 13, 1996.
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 50-21-860 of the 1976 Code is amended to read:
"Section 50-21-860. As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.
(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.
(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.
Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters." /
Amend title to conform.
Senator GREG SMITH explained the Bill.
The amendment was adopted.
On motion of Senator PEELER, the Bill was carried over.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.
Senator PEELER asked unanimous consent to make a motion 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.
Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 1 (3897R002.GS), proposed by Senator GREG SMITH, was adopted.
The motion was adopted.
The question then was the adoption of Amendment No. 1 (3897R002.GS), proposed by Senator GREG SMITH.
On motion of Senator GREG SMITH, with unanimous consent, Amendment No. 1 was withdrawn.
The question then was the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan: 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 REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator THOMAS, with unanimous consent, the Bill was committed to the Greenville County Delegation.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN moved to adjourn debate on the Bill.
Senator BRYAN moved to carry over the Bill.
Senator RANKIN objected.
Senator McCONNELL raised a Point of Order that the motion to carry over was out of order inasmuch as the motion to adjourn debate on the Bill was a higher motion.
The PRESIDENT sustained the Point of Order.
The question then was the motion to adjourn debate on the Bill.
Debate was adjourned on the Bill.
On motion of Senator ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Kathleen Prevatte of Dillon, S.C., beloved grandmother of Assistant Sgt.-at-Arms Roger Beaver.
Senator DRUMMOND moved that when the Senate adjourns on Friday, March 29, 1996, it stand adjourned to meet next Tuesday, April 2, 1996, at 12:00 Noon, which motion was adopted.
At 11:55 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Monday, June 29, 2009 at 1:57 P.M.