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, as we move through a week called by many "HOLY WEEK," hear words from Psalm 66 (vv.5-7) (NRSV):
"Come and see what God has done:
He is awesome in His deeds among mortals.
He turned the sea into dry land; they
passed through the river on foot.
There we rejoiced in Him,
Who rules by His might forever,
Whose eyes keep watch on the nations..."
Let us pray.
Our Father, in every age and for every generation You have been the faithful God to Your children of faith.
In crisis time You have manifested Your power in so many ways:
In the days of Noah You brought redemption through a Great Flood and the Ark!
From Egyptian slavery You brought the Hebrew children through the night of the Passover when the Angel of death gave life to the Hebrew children when they saw the blood on the door. You held back the waters so the faithful could flee across the sea.
For Christians You touched the dead body of Jesus and He became our Living Lord.
In the glow of Your miracles help us to live lives of faithful stewards.
Amen.
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Ford Giese Gregory Hayes Holland Jackson Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Rose Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators LANDER, SHORT and REESE recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 8, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Mining Council, with term to commence June 30, 1996, and to expire June 30, 2000:
Mining Industry:
Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Mining Council, with term to commence June 30, 1992, and to expire June 30, 1996:
Mining Industry:
Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304 VICE A.C. Young
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 1998:
Ex-Officio - Research Institution:
C. Edward Floyd, M.D., Floyd Medical Associates, P.A., 511 South Dargan Street, Florence, S.C. 29501
Referred to the Committee on Education.
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
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire January 12, 2003:
At-Large:
Mr. James B. Moore, Jr., Post Office Box 418, Georgetown, S.C. 29442 VICE James B. Moore, Sr. (resigned)
Referred to the Committee on Transportation.
March 27, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649
Mr. Joseph T. Ligon, Post Office Box 3084, Greenwood, S.C. 29648-3084
Received as information.
Columbia, S.C., March 28, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 28, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
On motion of Senator J. VERNE SMITH, with unanimous consent, the report of the Committee of Conference was taken up for immediate consideration.
Senator J. VERNE SMITH spoke on the report.
On motion of Senator J. VERNE SMITH, the Report of the Committee of Conference to H. 4471 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking the resolution in its entirety and inserting in lieu thereof the following:
TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) An advisory referendum shall be held at the same time as the 1996 general election in Greenville County and in other areas which are a part of the School District of Greenville County on the question of whether or not the qualified electors of the district favor subdividing the district into three or more separate school districts, and whether or not they desire a plan of subdivision to be developed for their nonbinding approval in 1998. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1996 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.
(B) The question put before the qualified electors of the district at the 1996 advisory referendum shall read as follows:
"Do you favor subdividing the School District of Greenville County into three or more separate school districts and requiring a committee of county legislative delegation members and school board members to submit a plan of subdivision developed by the committee to the qualified electors of the district in 1998 for their nonbinding approval if the results of the 1996 advisory referendum are in favor of subdividing the district?"
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".
(C) If the qualified electors of the district vote in favor of the question submitted at the 1996 advisory referendum provided for in subsection (A), a committee hereinafter established must develop a plan for subdividing the district into three or more separate school districts which shall be submitted by the committee to the qualified electors of the district for their nonbinding approval at an advisory referendum to be held for this purpose at the same time as the 1998 general election. The committee shall be composed of that number of members jointly determined by the Chairman of the Greenville County Legislative Delegation and the Chairman of the Board of Trustees of the Greenville County School District, with one-half of such members being members of the delegation appointed by the chairman thereof and one-half of such members being members of the school board appointed by the chairman thereof. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The committee in conjunction with the commissioners of election shall frame the question for the ballot, and the commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.
(D) The results of the 1996 and 1998 advisory referendums may be considered by the Greenville County Legislative Delegation when determining whether or not to cause the school district to be so subdivided as provided by law in 1999 and thereafter, but the results of the 1996 and 1998 advisory referendums shall not require the school district to be so subdivided.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
Amend title to conform.
/s/J. Verne Smith Michael F. Jaskwhich /s/Michael L. Fair /s/Lewis R. Vaughn O. Samuel Boan /s/Harry F. Cato On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The following were introduced:
S. 1310 -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1311 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.
Read the first time and referred to the Committee on Judiciary.
S. 1312 -- Senator Wilson: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM OF THE MUNICIPALITY AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Read the first time and referred to the Committee on Judiciary.
S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1314 -- Senators Peeler, Courtney, Mescher, Martin, Ryberg, Boan, Holland, Wilson, Waldrep, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 76 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SHRINERS.
Read the first time and referred to the Committee on Transportation.
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler and Cork: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Read the first time and ordered placed on the Calendar without reference.
S. 1316 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION SCHEDULE FOR DATA PROCESSING AND OTHER ELECTRONIC RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1317 -- Senator Peeler: A SENATE RESOLUTION CELEBRATING FIFTY YEARS OF TREE FARMING IN SOUTH CAROLINA AND SALUTING THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS ACTIVITIES.
The Senate Resolution was adopted.
S. 1318 -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO PROVIDE FUNDING FOR THE "COPS" PROGRAM AT LEAST AT THE LEVEL AUTHORIZED IN THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994" SO THAT THE EFFORT TO PUT 100,000 ADDITIONAL POLICE ON THE NATION'S STREETS IS REALIZED.
Whereas, President Bill Clinton, in his 1994 State of the Union Address, pledged to put 100,000 additional police officers on America's streets; and
Whereas, the United States Congress enacted the "Public Safety Partnership and Community Policing Act of 1994" as a part of a comprehensive legislative enactment entitled the "Violent Crime Control and Law Enforcement Act of 1994"; and
Whereas, one of the programs created under the "Public Safety Partnership and Community Policing Act of 1994" was the "Cops on the Beat" ("COPS") program, which was created for the stated purpose of substantially increasing the number of law enforcement officers interacting directly with members of the community; and
Whereas, the United States Attorney General was authorized to make grants to states, units of local government, and other entities to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety; and
Whereas, the 1994 act authorized $8.8 billion over six years to fund the grant program; and
Whereas, within the first year of the program, 25,000 police officers and sheriffs' deputies were funded under the program and by March 1996, more than 33,000 officers were funded under the program; and
Whereas, a total of more than $18 million has been provided to more than one hundred fifty jurisdictions in this State under the "COPS" program; and
Whereas, Attorney General Janet Reno has cited examples from Sharon, Pennsylvania, where within one month after a new precinct opened with funds provided under the "COPS" program, the police doubled arrests, and from Jefferson Parish, Louisiana, where the violent crime rate dropped sixty percent after the implementation of a community policing program implemented under the "COPS" program; and
Whereas, the "COPS" program is supported by such entities as the National Sheriffs' Association, the Fraternal Order of Police, the International Brotherhood of Police Officers, the National Association of Police Organizations, the National Association of Black Law Enforcement Executives, and the U.S. Conference of Mayors; and
Whereas, despite the noble intent of the "COPS" program and its overwhelming results, the United States Congress is considering eliminating the "COPS" program and replacing it with a block grant allocating money to localities based on the number of crimes over the previous three years; and
Whereas, the current federal budget stalemate has resulted in the "COPS" program operating without a full-year appropriation and instead operating under a series of continuing resolutions that have funded the program at approximately fifty percent of its 1996 authorization level; and Whereas, a block grant program will not guarantee that even one additional community policing officer will hit the street. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina respectfully memorializes the United States Congress to continue the "COPS" program and provide funding for the "COPS" program at least at the level authorized in the "Violent Crime Control and Law Enforcement Act of 1994" so that the effort to put 100,000 additional police on the nation's streets is realized.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each of the eight members of the South Carolina Congressional Delegation.
Referred to the Committee on Judiciary.
S. 1319 -- Senators McConnell, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE TWIN OVERPASSES OF U.S. ROUTE 17 AT LOCKWOOD DRIVE AND THE CITY OF CHARLESTON ADJACENT TO THE ASHLEY RIVER FOR ERNIE L. PASSAILAIGUE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4855 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE WILLIAM R. "BILLY" DUBOSE, SR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4857 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THOMAS UDELL BURGESS AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4858 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. SUE BROWN TUCKER AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4862 -- Reps. Scott, Breeland, Kennedy, M. Hines, Govan, Lloyd, Cave, Moody-Lawrence, Neal, Howard, Inabinett, Lee, L. Whipper, Anderson, Clyburn, S. Whipper, White, McMahand, J. Hines, Byrd, J. Brown and Williams: A CONCURRENT RESOLUTION TO COMMEND SCANA FOR ONE HUNDRED FIFTY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ENCOURAGE THE COMPANY TO CONTINUE ON ITS PATH OF GREAT SUCCESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4863 -- Reps. Stuart and Sharpe: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING THE GOVERNOR'S FROG JUMP FESTIVAL AT SPRINGFIELD IN ORANGEBURG COUNTY ON ITS THIRTIETH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4866 -- Reps. J. Brown and Littlejohn: A CONCURRENT RESOLUTION COMMENDING AND THANKING J. D. WILLIAMS OF COLUMBIA FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
Read the first time and referred to the Committee on Judiciary.
H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: 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.
Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Read the first time and referred to the Committee on Judiciary.
H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.
Read the first time and referred to the Committee on Finance.
H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".
Read the first time and referred to the Committee on Finance.
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Read the first time and referred to the Committee on Judiciary.
H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, 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 Medical Affairs.
H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
Senator SALEEBY spoke on the Bill.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 4793 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO BUS SHELTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1897, 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 Transportation.
H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.
Read the first time and referred to the Committee on Judiciary.
H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND TAXATION TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION JOINT ENDEAVOR, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.
Read the first time and referred to the Committee on Finance.
H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Read the first time and referred to the Committee on Medical Affairs.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 947 -- Senators Jackson and Washington: A JOINT RESOLUTION TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4821 favorable:
H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue Rose
Peeler McGill
S. 1304 -- Senator Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ALICE LOGAN BROWN ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
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. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
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.
(By prior motion of Senator HOLLAND)
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following amendment (1272C001.TLM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1355. (A) For purposes of this section:
(1) 'initiated' means the beginning of the conduct of the first and any subsequent poll; and
(2) 'poll' means the solicitation of opinions, of answers to questions posed to the public, or of the confirmation or denial of facts pertaining to or statements made regarding any candidate in any election as defined in this article.
(B) The provisions of this section apply to polls conducted at any time during the period beginning six months prior to the general election.
(C) The text of a poll and the name of the person or persons who conducted and/or who authorized, donated, or paid for and/or sponsored the poll must be filed with the State Election Commission on the next regular working day of the commission after the poll is initiated. However, if the poll is initiated seven days or less before the election, the text of the poll and the name of the person or persons who conducted and/or who authorized, donated, or paid for and/or sponsored the poll must be filed with the commission before the poll is initiated."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
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.
On motion of Senator ROSE, with unanimous consent, S. 1269 was ordered to receive a third reading on Wednesday, April 3, 1996.
S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.
Senator PASSAILAIGUE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator LEATHERMAN proposed the following amendment (1190R001.HKL), which was adopted:
Amend the resolution, as and if amended, page 1, striking SECTION I in its entirety and inserting:
/SECTION 1. Notwithstanding the provisions of Joint Resolution 586 of 1994, time for the City of Charleston to repay the remaining balance due the State pursuant to that joint resolution is extended. The balance due of $400,000 must be repaid over a period not less than three years in three equal annual installments with the first payment due no later than June 30, 1997. All payments must be deducted directly from the Aid to Subdivisions allocation due the city. All other conditions on the making and repayment of this loan provided in Joint Resolution 586 of 1994 apply with respect to this extended repayment period. It is the intent of the General Assembly that no part of the loan be further renegotiated, revisited, or forgiven./
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, S. 1190 was ordered to receive a third reading on Wednesday, April 3, 1996.
H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.
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 (JUD3517.001), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 1, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Fish, Game and Forestry Committee proposed the following amendment (PT\2378DW.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-357. (A) No individual or corporation may import molluscan shellfish, shellfish tissues, or shells into this State for the purpose of placing them in natural waters or waters connected to natural waters except under the provisions of a shellfish importation permit issued by the department nor may any individual or corporation place any imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without a shellfish importation permit issued by the department.
(B) The department may issue permits to individuals or corporations to import molluscan shellfish, shellfish tissues, or shells into South Carolina for commercial or experimental purposes or to place such imported molluscan shellfish, shellfish tissues, or shells into natural waters or water connected to natural waters, or both. Before issuing a permit, the department may consider other permits previously issued by the department and other provisions of Title 50. Permits may include conditions related to:
(1) the type or species of mollusks to be imported;
(2) the structure and placement of holding or storage facilities;
(3) the placement of the product in natural waters of the State;
(4) the disposal of shellfish, shellfish parts, and associated biota;
(5) reporting requirements;
(6) cleanup, removal, or disposal of imported shellfish or any other corrective action deemed necessary by the department resulting from improper, unapproved, or illegal actions by the permittee; and
(7) the inspection or testing of shellfish with respect to disease, parasites, or associated biota.
(C) An individual or corporation who imports molluscan shellfish, shellfish tissues, or shells for a commercial or experimental purpose to place in natural waters or waters connected to natural waters or an individual or corporation who places imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without being properly permitted, or both or who fails to meet the conditions of a permit is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days. The department may revoke a permit issued under this section if a condition of that permit is violated. The department may require an individual or corporation convicted of a violation of this section to correct damages to the marine resource as determined by the department or pay the department for all costs associated with cleanup or corrective actions resulting from the violator's actions."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator PEELER 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.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator PASSAILAIGUE, the Bill was recommitted to the Committee on Finance.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
On motion of Senator LEATHERMAN, 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.
Senators McCONNELL and FORD proposed the following Amendment No. 1 (1195R003.GFM):
Amend the bill, as and if amended, by adding the following appropriately numbered new SECTION to read:
/SECTION __. Chapter 103, Title 59 of the 1976 Code is amended by adding:
"Section 59-103-115. No institution of higher learning may lease or sell to a private for-profit or not-for-profit organization its hospitals and administrative buildings without approval of the General Assembly after a hearing and recommendation from the Commission on Higher Education."/
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment.
Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.
Senator SETZLER made a Parliamentary Inquiry as to whether or not Senator McCONNELL would retain the floor if the Senate stood adjourned.
The PRESIDENT stated that the motion by Senator DRUMMOND required unanimous consent inasmuch as Senator McCONNELL had the floor when the motion was made; however, for a member to retain the floor when a motion is made, the motion must clearly state that the member holding the floor is to retain the floor at the time the unanimous consent is made.
Senator MOORE asked unanimous consent to suspend consideration of the motion by Senator DRUMMOND and to make a motion pertaining to H. 3624.
There was no objection.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Senator MOORE asked unanimous consent to suspend consideration of S. 1195 and, on behalf of the Chairmen's Committee, make a motion to make H. 3624 a Special Order.
The Bill, H. 3624, was made a Special Order.
The Senate resumed consideration of S. 1195. The question being the adoption of Amendment No. 1 (1195R003.GFM) proposed by Senator McCONNELL.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.
Having received a favorable report from the Greenwood County Delegation, the following appointments were confirmed in open session:
Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649
Mr. Joseph T. Ligon, Post Office Box 3084, Greenwood, S.C. 29648-3084
On motion of Senator MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Brenda Jones, News and Public Affairs Director of WWDM-FM Radio in Columbia, S.C.
At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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