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 more from Ezekiel, Chapter 2, (vv.1-6) (NRSV):
"He (God) said to me: O mortal,
stand up on your feet, and I will
speak with you. And when He spoke
to me, a spirit entered into me and
set me on my feet; He said to me,
Mortal, I am sending you to the people
of Israel, to a nation of rebels who
have rebelled against me... you shall
say to them, 'Thus says the Lord God.'
Whether they hear or refuse to hear, they
shall know that there has been a prophet
among them."
Let us pray.
Dear Lord, we beseech You: that we may feel Your presence moving within us, and among us, stimulating our minds, softening our hearts, enlarging our vision, and overruling our blunders.
Sustain us with the assurance that,
"He who from zone to zone
Guides through the boundless sky
Thy certain flight,
In the long way that I must tread alone,
Will lead my steps aright... "
Amen.
At 11:05 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 11:20 A.M.
At 11:23 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2049
Promulgated by Department of Natural Resources
Seasons, Limits, and Hunting Methods on WMAs
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)
Senator GIESE introduced Dr. Vincent Degenhart of Columbia, S.C., Doctor of the Day.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
The PRESIDENT appointed Senator WILSON as a replacement conferee to former Senator STILWELL on the Committee of Conference to S. 90.
A message was sent to the House accordingly.
H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES proposed the following amendment (JUD4830.001), which was adopted:
Amend the bill, as and if amended, page 82, beginning on line 13, as contained in SECTION 2, by striking Section 33-44-1202 in its entirety and inserting therein the following:
/Section 33-44-1202. This chapter may be cited as the South Carolina Uniform Limited Liability Company Act of 1996./.
Amend the bill further, as and if amended, page 83, beginning on line 39, as contained in SECTION 2, by striking Section 33-44-1206 in its entirety and inserting therein the following:
/Section 33-44-1206. (a) Before January 1, 2001, this chapter governs only a limited liability company organized:
(1) after the effective date of this chapter, unless the company is continuing the business of a dissolved limited liability company under Section 33-43-901.3; and
(2) before the effective date of this chapter, which elects, as provided by subsection (c), to be governed by this chapter.
(b) On and after January 1, 2001, this chapter governs all limited liability companies.
(c) Before January 1, 2001, a limited liability company voluntarily may elect, in the manner provided in its operating agreement or by law for amending the operating agreement, to be governed by this chapter.
(d) Before January 1, 2001, this chapter governs only a foreign limited liability company which applies for a certificate of authority (or amended certificate) to transact business in this State after the effective date of this chapter, or which first transacts business in this State after the effective date of this chapter.
(e) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may commence a proceeding to dissolve a limited liability company under Section 33-44-809, if the company was formed prior to the effective date of this act and its articles of organization are not in conformity with Section 33-44-203.
(f) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may revoke a foreign limited liability company's certificate of authority under Section 33-44-1006, if the company was granted a certificate of authority prior to the effective date of this act and its latest application for a certificate or amended certificate of authority does not set forth the information required by Section 33-44-1002./.
Amend title to conform.
Senator HAYES explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Resolution was committed to the Committee on Transportation.
The following were introduced:
S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.
Senator COURTNEY spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator COURTNEY, S. 1395 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1396 -- Senator Richter: A BILL TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF HUNTING AND FISHING PRIVILEGES, BY ADDING SECTION 50-9-1120, SO AS TO PROHIBIT HUNTING UNDER THE INFLUENCE AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-9-1020, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF THE WILDLIFE CODE, SO AS TO ESTABLISH POINTS FOR HUNTING UNDER THE INFLUENCE AND OTHER RELATED OFFENSES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1397 -- Senator Richter: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285, SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO AND ONE-HALF ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Read the first time and referred to the Committee on Judiciary.
S. 1398 -- Senator Richter: A BILL TO AMEND SECTION 12-6-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS REGARDING INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE THAT A TAXPAYER MAY CLAIM AN EXEMPTION FOR THE EXEMPTION AMOUNT FOR EACH FOSTER CHILD WHO RESIDES WITH THE TAXPAYER FOR OVER HALF OF THE YEAR WHO DID NOT OTHERWISE QUALIFY AS A DEPENDENT.
Read the first time and referred to the Committee on Finance.
S. 1399 -- Senators Ford, Passailaigue and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MIRANDA HOLMES FOR HER SELFLESS DEDICATION TO FAMILY, COMMUNITY, AND CHURCH AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, AND TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.
Whereas, the resources for public education in South Carolina in grades kindergarten through twelve are scarce and a large part of the local funding for public education is derived from ad valorem property taxes which have reached levels which impose a significant burden on many taxpayers; and
Whereas, it is, therefore, incumbent upon the State of South Carolina and its local school districts to use these resources in the most efficient manner possible; and
Whereas, other states and other countries have developed innovative approaches to school scheduling including flexible hours, rolling timetables, and more continuous operations; and
Whereas, the members of the General Assembly, by this resolution, believe that a study of these innovative approaches would be of significant benefit to South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the State Department of Education is directed to study school scheduling and timetables, including the length of the school day and the school year, using appropriate local, state, and national studies and experiences in other jurisdictions.
The department shall report its findings to the General Assembly no later than January 1, 1997.
Referred to the Committee on Education.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.
Ordered for consideration tomorrow.
S. 1388 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY MARGARET BOAN OF GREENVILLE FOR BEING ELECTED PRESIDENT OF THE STUDENT BODY OF GREENVILLE HIGH SCHOOL.
Returned with concurrence.
Received as information.
S. 1389 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE BEATRICE JOHNSON SWETT ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-NINE YEARS AS A DEDICATED TEACHER, ADMINISTRATOR, AND INSTRUCTIONAL CONSULTANT.
Returned with concurrence.
Received as information.
S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.
Returned with concurrence.
Received as information.
S. 1392 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND THE JAMES R. CLARK MEMORIAL SICKLE CELL FOUNDATION FOR ITS OUTSTANDING EFFORTS IN PROVIDING QUALITY SERVICES TO THOUSANDS OF CLIENTS THROUGHOUT SOUTH CAROLINA THAT ARE AFFECTED WITH EITHER THE SICKLE CELL DISEASE OR TRAIT AND TO DECLARE SATURDAY, APRIL 27, 1996, AS "SICKLE CELL AWARENESS DAY" IN SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.
(By prior motion of Senator LANDER)
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
(By prior motion of Senator PEELER, with unanimous consent)
H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER 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.
(By prior motion of Senator COURTNEY, with unanimous consent)
The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:
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.
H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
(By prior motion of Senator McCONNELL, with unanimous consent)
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (4585C001.GFM), which was adopted:
Amend the bill, as and if amended, page 1, Section 38-71-275 (A) as contained in Section 1 of the bill, by striking subsection (A) and inserting a new subsection (A) to read as follows:
/(A) No insurance policy which provides coverage for drugs shall exclude coverage of any such drug used for the treatment of cancer or the postoperative treatment of an organ transplant operation on the grounds that the drug has not been approved by the Federal Food and Drug Administration for the treatment of the specific type of cancer or the specific postoperative organ transplant treatment regime for which the drug has been prescribed; provided, that such drug is recognized for treatment of that specific type of cancer or the specific postoperative organ transplant treatment regime in one of the standard reference compendia or in the medical literature./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
S. 1305 -- Senators McConnell and Rose: 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.
S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.
S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.
Senator McCONNELL explained the Bill.
S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.
S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
S. 1235 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND 44-53-450.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
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.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR AN EXECUTIVE DIRECTOR OF THE COUNTY BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MATTHEWS proposed the following amendment (1375R001.JWM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Effective July 1, 1997, Orangeburg County shall consist of three school districts to be known as Orangeburg County Consolidated School District Three, Orangeburg County Consolidated School District Four, and Orangeburg County Consolidated School District Five. Each consolidated school district shall consist of seven single-member election districts as set forth below:
DISTRICT 3-1
Area Population
Orangeburg County
ELLOREE
Tract 0104.00
Blocks: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 134A, 134B, 135, 136, 138A, 138B, 138C, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 174, 182A, 182B, 183A, 183B, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216A, 216B, 217A, 217B, 217C, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 2,369
SANTEE
Tract 0103.00
Blocks: 234, 235, 236, 237, 239, 251, 252, 253, 254, 255 98
Tract 0104.00
Blocks: 172, 173, 175, 176, 177, 178, 258, 259 210
DISTRICT TOTAL 2,677
PERCENT VARIATION -0.30
DISTRICT 3-2
Area Population
Orangeburg County
ELLOREE
Tract 0104.00
Blocks: 103, 104, 131, 132, 133, 137 165
PROVIDENCE
Tract 0103.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 121 349
Tract 0104.00
Blocks: 301, 302, 303, 346, 347 49
SANTEE
Tract 0103.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 212C, 213, 214, 215, 216, 217, 218, 219, 220, 222, 230A, 230B, 231A, 231B, 231C, 232A, 232B, 232C, 233A, 233B, 238, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 247, 248A, 248B, 249A, 249B, 250, 256, 257, 258, 259A, 259B, 260A, 260B, 261, 262A, 262B, 262C, 263, 264, 265, 266, 267, 268, 269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 332, 336, 341 2,089
Tract 0104.00
Blocks: 101, 102, 179, 180, 181 96
DISTRICT TOTAL 2,748
PERCENT VARIATION 2.35
DISTRICT 3-3
Area Population
Orangeburg County
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 118, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 303B, 304, 305, 306B, 322B, 326B, 327, 328B, 369, 370, 409 1,493
SANTEE
Tract 0103.00
Blocks: 221, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 337, 338, 339, 340, 342, 403 233
VANCE
Tract 0101.00
Blocks: 114, 115, 116, 117, 307 55
Tract 0103.00
Blocks: 401, 402, 404, 405, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 420C, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 430, 431, 432, 433, 434A, 434B, 435, 436, 437A, 439, 446A 717
DISTRICT TOTAL 2,498
PERCENT VARIATION -6.96
DISTRICT 3-4
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 304, 305, 306, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342 279
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 303A, 306A, 311A, 311B, 312A, 313A, 315A, 316A, 317A, 320, 321, 322A, 323, 324, 325, 326A, 328A, 364 188
SOUTH EUTAWVILLE 2,273
DISTRICT TOTAL 2,740
PERCENT VARIATION 2.10
DISTRICT 3-5
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 307, 308, 309, 312, 313, 314, 315, 316, 317, 318, 319, 320, 332, 333, 402, 403, 404, 405, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436A, 436B, 437, 438A, 438B, 439A, 439B, 439C, 440, 441, 442, 443 2,204
WEST HOLLY HILL
Tract 0102.00
Blocks: 101A, 101B, 102A, 102B, 102C, 103, 104, 105, 106, 107A, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 131, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153A, 153B 681
DISTRICT TOTAL 2,885
PERCENT VARIATION 7.45
DISTRICT 3-6
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 301, 302, 303, 310, 311, 401, 406 159
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 311C, 312B, 313B, 314, 315B, 316B, 317B, 363, 365, 366, 367, 368 252
Tract 0102.00
Blocks: 201, 202, 208, 209, 210 52
VANCE
Tract 0101.00
Blocks: 308, 309, 310 37
Tract 0103.00
Blocks: 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 153, 154, 155, 156, 157, 158, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 437B, 438, 440, 441, 442, 443, 444, 445, 446B, 447, 448, 449, 450 1,008
WEST HOLLY HILL
Tract 0102.00
Blocks: 203, 204, 205, 206, 207, 211, 212, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220 874
Tract 0103.00
Blocks: 150, 151, 152, 159, 160, 172, 173 176
DISTRICT TOTAL 2,558
PERCENT VARIATION -4.73
DISTRICT 3-7
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 334, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 444 128
PROVIDENCE
Tract 0103.00
Blocks: 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 164, 165, 166, 167, 168 301
Tract 0104.00
Blocks: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382 1,284
WEST HOLLY HILL
Tract 0102.00
Blocks: 107B, 108, 109, 110, 111, 112, 113, 114, 115, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175 582
Tract 0103.00
Blocks: 161, 162, 163, 169, 170, 171, 174, 175, 176, 177, 178 394
DISTRICT TOTAL 2,689
PERCENT VARIATION 0.15
DISTRICT 4-1
Area Population
Orangeburg County
EAST NORTH 1,581
LIMESTONE
Tract 0109.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 269, 270 2,021
Tract 0120.00
Blocks: 334, 335, 336, 337, 338, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 681
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 164, 165, 166, 167, 168, 174, 201, 202, 203, 204A, 204B, 205A, 205B, 206A, 206B, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223, 224A, 224B, 225, 226, 227, 228A, 228B, 229A, 229B, 229C, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 241B, 242, 243A, 243B, 244A, 244B, 245, 248, 269A, 269B, 271A, 271B, 272A, 272B, 272C, 273, 274, 275, 307, 308, 311 1,005
PINEHILL-BOLEN
Tract 0119.00
Blocks: 301, 302, 303, 304, 305, 306, 309, 310, 312, 313, 314, 323, 324, 325, 333, 334, 336, 337 339
WEST NORTH
Tract 0118.00
Blocks: 531 2
Tract 0119.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 123, 124, 125, 126, 127 216
Tract 0120.00
Blocks: 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 128B, 129A, 129B, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190, 191, 192, 193, 194, 195, 196, 197 1,148
DISTRICT TOTAL 6,993
PERCENT VARIATION -1.08
DISTRICT 4-2
Area Population
Orangeburg County
JAMISON 1,965
LIMESTONE
Tract 0109.00
Blocks: 136, 137, 138, 139, 141, 142 73
SUBURBAN 7 1,890
SUBURBAN 8 1,039
SUBURBAN 9
Tract 0110.00
Blocks: 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 144, 145, 146, 147, 148, 149, 301B, 302, 303, 304, 305, 306, 307B, 319, 321, 322A 2,234
DISTRICT TOTAL 7,201
PERCENT VARIATION 1.87
DISTRICT 4-3
Area Population
Orangeburg County
BROOKDALE
Tract 0108.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 241, 242 349
Tract 0111.00
Blocks: 113, 114, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 203 38
NIX 3,098
ORANGEBURG WARD 10 1,103
ORANGEBURG WARD 5
Tract 0110.00
Blocks: 320A, 408, 409, 410, 411, 412, 413, 414, 423, 424, 425, 426, 427, 428, 429 313
Tract 0114.00
Blocks: 401, 403, 404 78
ORANGEBURG WARD 8 788
ORANGEBURG WARD 9 797
SUBURBAN 1
Tract 0111.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 364
SUBURBAN 9
Tract 0110.00
Blocks: 308B, 311B, 312B, 314, 320B, 322B 149
DISTRICT TOTAL 7,077
PERCENT VARIATION 0.11
DISTRICT 4-4
Area Population
Orangeburg County
ORANGEBURG WARD 3 1,098
ORANGEBURG WARD 4
Tract 0112.00
Blocks: 116, 117, 120, 121, 122, 127B, 128, 129, 130B, 131B, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 150A, 151A, 201B, 202, 203B, 204, 205, 206, 207 3,101
Tract 0113.00
Blocks: 201A, 202, 203, 204, 205, 206, 221, 222, 223, 224, 225, 226, 227, 229, 230, 231, 232, 242, 243, 244, 245, 246, 247 540
ROWESVILLE
Tract 0106.00
Blocks: 165A, 170 0
SUBURBAN 4
Tract 0106.00
Blocks: 342, 343, 401, 402, 403, 404, 405, 406C, 407B, 407C, 407D, 407E, 407F, 407G, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422A, 422B, 422C, 423, 424, 425, 426A, 426B, 426C, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 891
Tract 0113.00
Blocks: 323B, 325B, 326B 0
SUBURBAN 5
Tract 0115.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 203, 205, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 1,502
DISTRICT TOTAL 7,132
PERCENT VARIATION 0.89
DISTRICT 4-5
Area Population
Orangeburg County
ORANGEBURG WARD 1 1,246
ORANGEBURG WARD 2 1,426
ORANGEBURG WARD 5
Tract 0114.00
Blocks: 402, 406, 407, 408, 409, 410, 411, 412, 413, 414 547
ORANGEBURG WARD 6 1,357
ORANGEBURG WARD 7 887
SUBURBAN 5
Tract 0115.00
Blocks: 204, 206, 207, 208, 209, 210, 211, 212, 213 388
SUBURBAN 6
Tract 0115.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 403, 404, 405, 409, 410, 415, 419, 420, 421 1,263
DISTRICT TOTAL 7,114
PERCENT VARIATION 0.64
DISTRICT 4-6
Area Population
Orangeburg County
BROOKDALE
Tract 0108.00
Blocks: 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 757
Tract 0112.00
Blocks: 112 8
FOUR HOLES 864
ORANGEBURG WARD 4
Tract 0112.00
Blocks: 113B, 114, 115, 118, 119, 123, 124B 194
SUBURBAN 1
Tract 0108.00
Blocks: 302, 303, 304, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 1,022
Tract 0111.00
Blocks: 413, 414, 417, 418, 419 155
Tract 0112.00
Blocks: 113A, 124A, 125, 126, 127A, 130A, 131A, 132A, 201A, 203A 129
SUBURBAN 2 1,699
WHITTAKER 2,098
DISTRICT TOTAL 6,926
PERCENT VARIATION -2.02
DISTRICT 4-7
Area Population
Orangeburg County
BETHEL
Tract 0105.00
Blocks: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 419, 420, 421, 422, 423, 424 247
Tract 0106.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 131, 132, 133, 134, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 562
CORDOVA
Tract 0116.00
Blocks: 343 0
NORTH BOWMAN
Tract 0105.00
Blocks: 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335, 336, 337, 338, 339, 344, 350, 354, 355, 356, 357, 358, 359, 412, 413, 414, 415, 416, 417, 418, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 455, 459 2,353
NORTH BRANCHVILLE
Tract 0105.00
Blocks: 143, 144, 351 32
ORANGEBURG WARD 4
Tract 0106.00
Blocks: 301A, 302, 303, 304A, 305A 49
Tract 0107.00
Blocks: 312, 313, 314A, 316, 317, 318 85
Tract 0113.00
Blocks: 228 0
ROWESVILLE
Tract 0105.00
Blocks: 340, 343 1
Tract 0106.00
Blocks: 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 135, 156, 157, 158A, 158B, 159, 160, 161, 162, 163, 164A, 164B, 165B, 166A, 166B, 167, 168, 169, 171A, 173, 177A, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188A, 189A, 190, 195, 196, 197 435
SOUTH BOWMAN
Tract 0105.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110A, 110B, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 158, 195, 196, 197, 229, 230, 231, 248, 451, 452, 453, 454, 456, 457, 458, 460, 461, 462, 463, 464, 465, 466, 467 1,069
SUBURBAN 3 2,122
SUBURBAN 4
Tract 0106.00
Blocks: 416, 417, 418, 439, 440, 441, 442, 443, 444, 445 87
SUBURBAN 6
Tract 0115.00
Blocks: 416 4
DISTRICT TOTAL 7,046
PERCENT VARIATION -0.33
DISTRICT 5-1
Area Population
Orangeburg County
EAST SPRINGFIELD
Tract 0118.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 320, 321, 323, 327, 328, 329A, 329B, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350A, 350B, 351, 352, 353, 354, 355, 356, 357A, 357B, 358, 359A, 359B, 360A, 360B, 361A, 361B, 362, 363A, 363B, 364A, 364B, 365, 366, 367, 368, 369A, 369B, 370, 371, 372, 553, 554, 558, 559, 567, 568, 569, 570, 571, 572, 573, 574, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597 668
Tract 0119.00
Blocks: 117, 118, 137, 138, 139, 140, 141, 142, 143, 144 68
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 119, 128, 129, 130, 132, 133, 134, 135, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 182 197
NORWAY
Tract 0118.00
Blocks: 231, 232, 233, 234, 235, 236, 290, 292, 297 115
WEST NORTH
Tract 0118.00
Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 555, 556, 557, 563 472
WEST SPRINGFIELD
Tract 0118.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 409, 410, 411, 412, 413, 415, 416, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452A, 452B, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 459, 460, 461A, 461B, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474A, 474B, 475A, 475B, 476A, 476B, 477, 478A, 478B, 479, 480, 481, 482, 483, 484, 485, 560, 561, 562, 564, 565, 566, 575, 576, 577, 578, 579, 580, 582, 583, 584, 585 858
DISTRICT TOTAL 2,378
PERCENT VARIATION 0.46
DISTRICT 5-2
Area Population
Orangeburg County
EAST SPRINGFIELD
Tract 0118.00
Blocks: 314, 316, 318, 319, 322, 324, 325, 326 181
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 131, 156A, 156B, 157, 158, 159A, 159B, 160A, 160B, 161, 162A, 162B, 163, 175, 178, 179, 180, 181, 240B, 246A, 246B, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268, 270 509
NORWAY
Tract 0118.00
Blocks: 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226A, 226B, 227, 228, 229, 230, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252A, 252B, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 294A, 294B, 295, 296, 317 1,646
DISTRICT TOTAL 2,336
PERCENT VARIATION -1.31
DISTRICT 5-3
Area Population
Orangeburg County
COPE
Tract 0118.00
Blocks: 116, 117 24
CORDOVA
Tract 0116.00
Blocks: 120, 127, 128 88
NEESES-LIVINGSTON
Tract 0118.00
Blocks: 205 9
Tract 0119.00
Blocks: 169, 170, 171, 172, 173, 176, 177 64
NORWAY
Tract 0118.00
Blocks: 121, 122, 145, 153, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 185
PINEHILL-BOLEN
Tract 0115.00
Blocks: 402 0
Tract 0116.00
Blocks: 101, 102, 103, 104, 105, 121, 122, 123, 124, 125, 126 571
Tract 0118.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120 396
Tract 0119.00
Blocks: 315, 316, 317, 318, 319, 320, 321, 322, 326, 327, 328, 329, 330, 331, 332, 335, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356 1,018
DISTRICT TOTAL 2,355
PERCENT VARIATION -0.51
DISTRICT 5-4
Area Population
Orangeburg County
COPE
Tract 0117.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 418, 419, 421, 429, 430, 431, 432, 433, 434, 435, 436, 437A, 437B, 438A, 438B, 439A, 439B, 440, 441, 442, 443, 444, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462, 463, 466A, 466B, 467A, 467B, 467C, 468A, 468B, 469A, 469B, 470, 471, 472, 473, 474, 475, 476, 477, 478 634
Tract 0118.00
Blocks: 154, 155, 156, 157, 181, 182, 183, 184, 185, 186, 187 84
CORDOVA
Tract 0116.00
Blocks: 108, 109, 110, 111, 114, 115, 116, 117, 118, 119, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 204, 205, 206 1,015
Tract 0117.00
Blocks: 412, 413, 414, 415, 416, 417, 420, 422, 423, 424, 425, 427, 428 223
EDISTO
Tract 0117.00
Blocks: 302, 303, 304, 309, 310, 311, 312 204
NORWAY
Tract 0118.00
Blocks: 177, 179, 180 31
PINEHILL-BOLEN
Tract 0116.00
Blocks: 106, 107 70
SUBURBAN 6
Tract 0115.00
Blocks: 422, 423, 424 48
DISTRICT TOTAL 2,309
PERCENT VARIATION -2.45
DISTRICT 5-5
Area Population
Orangeburg County
CORDOVA
Tract 0116.00
Blocks: 112, 113, 201, 202A, 202B, 203A, 203B, 207, 208, 209A, 209B, 210A, 210B, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 335, 336A, 336B, 337, 339 1,858
Tract 0117.00
Blocks: 426 1
EDISTO
Tract 0116.00
Blocks: 338 23
Tract 0117.00
Blocks: 301 1
SUBURBAN 5
Tract 0115.00
Blocks: 118, 119 61
SUBURBAN 6
Tract 0115.00
Blocks: 406, 407, 408, 411, 412, 413, 414, 417, 418 474
DISTRICT TOTAL 2,418
PERCENT VARIATION 2.15
DISTRICT 5-6
Area Population
Orangeburg County
COPE
Tract 0117.00
Blocks: 464, 465, 479, 480, 481, 482 73
CORDOVA
Tract 0116.00
Blocks: 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 341, 342, 344, 345, 346 986
EDISTO
Tract 0116.00
Blocks: 340, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360 222
Tract 0117.00
Blocks: 305, 306, 307, 308, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356 826
ROWESVILLE
Tract 0106.00
Blocks: 136, 154, 155, 171B, 172, 174, 175, 176, 177B, 188B, 189B, 191, 192, 193, 194 160
Tract 0117.00
Blocks: 202, 203, 204, 205, 206, 207, 209, 210, 211, 212 83
DISTRICT TOTAL 2,350
PERCENT VARIATION -0.92
DISTRICT 5-7
Area Population
Orangeburg County
NORTH BOWMAN
Tract 0105.00
Blocks: 349 0
NORTH BRANCHVILLE
Tract 0105.00
Blocks: 169, 171, 172, 173, 174, 186, 188, 189, 190, 191, 192, 193, 194, 352, 353 103
Tract 0117.00
Blocks: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 213, 214, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242A, 242B, 243, 244A, 244B, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259A, 259B, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284A, 284B, 285, 286, 287, 288, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296 1,265
ROWESVILLE
Tract 0105.00
Blocks: 341, 342, 345, 346, 347, 348 14
Tract 0117.00
Blocks: 201, 215, 216 32
SOUTH BOWMAN
Tract 0105.00
Blocks: 149, 157, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 187 174
SOUTH BRANCHVILLE
Tract 0117.00
Blocks: 119, 120, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 189, 190, 191, 192, 193, 194, 195 785
DISTRICT TOTAL 2,373
(B) The eight present school districts of the county shall be abolished on July 1, 1997, and the powers and duties of the respective boards of trustees of each district devolved upon the board of trustees for the applicable consolidated school district except as hereinafter established.
SECTION 2. (A) Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided by law. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the first Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the second Tuesday of April, 1998, and on the second Tuesday of April every two or four years thereafter as applicable. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in April, 2000, when their successors elected at the 2000 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in April, 1998, when their successors elected at the 1998 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election and thereafter opens on the first day of February of the appropriate year at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
(B) Each board shall employ a superintendent for its district. The district superintendent shall be the chief operating officer of the district and shall be responsible to the board for the proper administration of all affairs of the district and subject to all other provisions of law relating to his duties. He shall:
(1) appoint and, when necessary for the good of the district, remove any appointive officer or employee of the district and fix the salaries of these officers and employees, unless otherwise provided by law and except as he may authorize the head of a department or office to appoint and remove subordinates in the department or office;
(2) prepare the budget annually, submit it to the board, and be responsible for its administration after adoption and approval by the county board;
(3) prepare and submit to the board at the end of each fiscal year a complete annual report on the finances and administrative activities of the board for the preceding year and make other financial reports from time to time as may be required by the board or by law;
(4) keep the board advised of the financial condition and future needs of the district and make recommendations as may seem desirable; and
(5) preform other duties as may be prescribed by law or required of him by the board not inconsistent with the provisions of law.
SECTION 3. (A) There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the first Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the second Tuesday of April, 1998, and on the second Tuesday of April every two or four years thereafter as applicable. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in April, 2000, when their successors elected at the 2000 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in April, 1998, when their successors elected at the 1998 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election and thereafter opens on the first day of February of the appropriate year at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
(B) The primary role of the county board of education shall be to equalize funding among the three consolidated districts in the manner provided by this act.
(C) The county board of education shall have only those powers, duties, and functions as provided in this act and not as provided by the general law, all of the other powers, duties, and functions being reserved to the boards of the particular consolidated school districts.
(D) The county board of education shall employ staff which shall be responsible for managing the centralized functions of the county board granted to it by the provisions of this act.
(E) The county board of education shall:
(1) prescribe a uniform salary schedule for all certified teachers;
(2) appoint the number of countywide personnel as deemed necessary;
(3) borrow in anticipation of the collection of taxes, state aid, or federal aid;
(4) approve the purchase and sale of land, the planning and construction of new school facilities and major repair of existing buildings, and approve long-range planning for facilities;
(5) adopt a system of budgetary controls and annually adopt a budget, sufficient to meet the educational needs of the districts;
(6) serve as fiscal agent for all funds including state allocations for the Education Finance Act, Education Improvement Act, and school facilities; however, formula generated funds shall flow through to the district which generated the funds;
(7) serve as arbitrator in disputes concerning school district lines;
(8) cooperate with the districts in the annual audit of the financial affairs of the school districts of the county; and
(9) adopt a budget for the operations of the county board which at no time may in dollar terms exceed the value of one-half mill.
SECTION 4. (A) The board of trustees of each consolidated school district, before July first of each year beginning in 1997, shall prepare a school district budget for the ensuing school year and submit the budget to the county board for approval. Before August fifteenth of each year beginning in 1997, the county board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the districts for the ensuing school year. The notice by the county board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the county. The county board may raise the millage for operations by not more than three mills over that levied for the previous year, adjusted by the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code. An increase over this amount may be levied only after a majority of the qualified electors of the county voting in a referendum called by the county board and conducted by the county election commission vote in favor of the millage increase. The county board from the revenues received from the school tax millage each year shall allocate funding to each consolidated district based in part on the district budget for that year approved by the county board and also based on funding determinations made by the county board.
(B) Each consolidated board shall hold a public hearing prior to its final approval of the budget for the district to be submitted to the county board. The county board also shall hold a public hearing prior to its final approval of the budgets submitted to it for approval by each respective consolidated board. Notice of these public hearings must be placed in a newspaper of general circulation in the district or county, as applicable, at least fifteen days before the public hearing.
(C) For purposes of 1997 only, the millage levied for the previous year must be derived by dividing the total revenue raised by each of the school districts in the county in 1996 divided by the total assessed value for the county.
(D) An equalization of the per pupil funding for each of the three consolidated school districts must be established by the county board in consultation with the county legislative delegation to be phased-in over no more than five years and implemented in such a way as to reflect the special needs of students within the individual school districts, promote effective use of the additional funds, and efficient management of the districts. However, in school year 1997-98, the teacher salary schedule of the various school districts shall be adjusted so as to be equal across the districts.
(E) For the 1997-98 school year only, there is established an incentive program for the purpose of providing financial incentives to encourage retirement of school district personnel currently working beyond retirement age. School districts wishing to implement such a program must present their plans to the county board for approval. The county board may set aside up to five hundred thousand dollars for this purpose. Any funds remaining at the end of the year shall be distributed to the districts.
SECTION 5. For purposes of determining the Education Finance Act index of taxpaying ability, the local required support under EFA, the maintenance of local effort requirement pursuant to Section 59-21-1030 of the 1976 Code, and facilities funding, the school districts of Orangeburg County must be considered together as a countywide district.
SECTION 6. The board of trustees of each consolidated district and the district superintendent shall have the powers, duties, and responsibilities as are provided by law including:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments upon the recommendation of the superintendent;
(3) adopt the proposed budget of the school district and submit it to the county board for approval;
(4) have the power to inquire into the conduct of any office, department, or agency of the school district;
(5) adopt and modify attendance zones of schools within the school district;
(6) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business; and
(7) cooperate to establish and maintain a central purchasing system for the purchase of contractual services, equipment, and supplies; and
(8) cooperate to establish and maintain educational consortia; and
(9) be responsible for policymaking action and the review of regulations established to put these policies into operation.
SECTION 7. (A) On July 1, 1997, the assets, liabilities, and bonded indebtedness of the eight present school districts shall be transferred to the county board. However, assets and any related liabilities thereon given to a district and not acquired with tax revenues or public funds shall remain assets of the consolidated district of which the former acquiring district is now a part. The county board may authorize the issuance of general obligation bonds by a bond ordinance subject to the restrictions and limitations prescribed by law. The records and employees of the eight present school districts of the county must be transferred to and, if applicable, assumed by the consolidated school district of which they become a part.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to the county board is computed based on the assessed value of all taxable property in the county. However, to the extent that the qualified electors of any of the eight former school districts of the county by referendum approved exceeding the constitutional debt limitation pertaining to the district in regard to the issuance of general obligation bonds for particular capital projects which are now in progress, that excess, if necessary to complete or pay for those projects after July 1, 1997, applies to the county board and shall be an addition to the amount of general obligation bonds which the county board is permitted to issue without a referendum.
SECTION 8. In creating the consolidated districts, it is anticipated that there will be savings in the total administrative costs from the former individual districts and that consolidated district costs will be no more than four percent of federal, state, and local revenues by July 1, 2000. Therefore, the county board shall ensure that the districts' budgets reflect implementation of these administrative savings before approving the individual district's budget. Administrative costs shall be those defined in the State Department of Education financial analysis model.
SECTION 9. (A) The eight present school districts of Orangeburg County shall be abolished on July 1, 1997, at which time the consolidated school districts of the county as herein provided shall be established. The terms of all members of the boards of trustees of the eight present school districts of the county shall expire on this date. However, the members of the board of trustees of each consolidated school district elected at the 1997 nonpartisan election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date and until July 1, 1997, the boards may organize, begin planning for the changeover to a consolidated district, enter into contracts to effectuate these purposes, and perform other related matters pertaining thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and no consolidated board may do anything to interfere with this authority.
(B) Any member of one of the eight present school boards of the county may seek election to a consolidated school district board or to the county board of education in 1997. However, if they are elected to such office, prior to assuming the duties thereof, they must first resign as a member of their present board. In this event and notwithstanding any other provision of law, the vacancy on the present board they are vacating shall be filled for the remainder of the unexpired term by appointment of the county legislative delegation.
(C) The members of the county board of education elected at the 1997 election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date until July 1, 1997, the county board may organize, begin planning for the changeover to the new school system of the county, enter into contracts to effectuate these purposes, and perform other related matters thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and the county board may do nothing to interfere with this authority.
SECTION 10. All local acts pertaining to any school district of Orangeburg County inconsistent with the provisions of this act are repealed as of July 1, 1997, it being the intent of the General Assembly to have this act and the general law be the only provisions of law governing the consolidated school districts of the county and the county board of education.
SECTION 11. If any provision of this act for any reason is held by a court of competent jurisdiction to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act and each and every provision herein irrespective of the fact that any one or more provisions hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. This act takes effect upon approval by the Governor./
Amend title to read:
/TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading:
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 4, Article II of the Constitution of this State be amended to read:
"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is entitled to vote in his previous precinct of residence in such only that election only."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 4, Article II of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.
Senator SETZLER explained the Bill.
S. 1255 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.
Senator PEELER explained the Bill.
S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
S. 1173 -- Senators Boan and Martin: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT A NONCURRENT LICENSE PLATE FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Senator J. VERNE SMITH spoke on the Bill.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
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 (JUD3858.001), which was adopted:
Amend the bill, as and if amended, page 1, line 24, in Section 20-7-1333(A), as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:
/a status offense or is found in violation of a court order relating to a/.
Amend the bill further, as and if amended, page 1, line 28, in Section 20-7-1333(B), as contained in SECTION 1, by striking line 28 in its entirety and inserting therein the following:
/offense or is found in violation of a court order relating to a criminal/.
Amend the bill further, as and if amended, page 1, line 34, in Section 20-7-1333(C), as contained in SECTION 1, by striking line 34 in its entirety and inserting therein the following:
/license to the Department of Public Safety for license suspension. However,/.
Amend the bill further, as and if amended, page 2, line 1, in Section 20-7-1333(D), as contained in SECTION 1, by striking line 1 in its entirety and inserting therein the following:
/to the Department of Public Safety for reissuance of the license with the/.
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 with notice of general amendments.
S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.
Senator CORK 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 adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0660.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:
(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to marketing or direct solicitation; and
(2) be signed by the person making the request.
Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.
(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.
Section 56-3-530. The department may charge a fee not to exceed its costs in releasing information pursuant to this article. The department must promulgate regulations:
(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests; and
(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."
SECTION 3. Section 16-3-1710 of the 1976 Code is amended by adding:
"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."
SECTION 4. Section 16-3-1720 of the 1976 Code is amended by adding:
"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator CORK explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
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 (JUD1100.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. The 1976 Code is amended by adding:
/Section 1-5-40. (A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established by the Governor or the General Assembly after the effective date of this section.
Accountancy, Board of
Aging, Division on Advisory Council
Agriculture Commission
Architectural Examiners, State Board of
Arts Commission
Athletic Commission
Auctioneer's Commission
Barrier-Free Design, Board for
Blind, Commission for the
Builders Commission, Residential
Building Code Council
College of Charleston Board of Trustees
Children's Trust Fund Board of Trustees
Children, Foster Care Review Board
Chiropractic Examiners, State Board of
The Citadel Board of Visitors
Clemson University Board of Trustees
Coastal Carolina University Board of Trustees
Consumer Affairs, Commission on
Contractors' Licensing Board
Cosmetology, State Board of
Professional Counselors, Associate Counselors and Marital and
Family Therapists, State Board of Examiners
Deaf and Blind, School for the
Dentistry Board
Disabilities and Special Needs Commission
Education, State Board of
Education Board, Southern Regional
Education Council
Educational Television Commission
Election Commission
Employment Security Commission
Registration for Professional Engineers and Land Surveyors
Environmental Certification Board
Ethics Commission
Financial Institutions, Board of
Fisheries Commission, Atlantic States Marine
Office of General Services, State Fleet Management
Forestry Commission
Francis Marion University Board of Trustees
Funeral Service Board
Geologists, Board of Registration for
Governor's Mansion and Lace House Commission
DHEC-Board of Health and Environmental Control
-Office of Ocean and Coastal Resource Management Board
Higher Education Commission
Holocaust, Council on the
Housing, Finance and Development Authority
Human Affairs Commission
Indigent Defense, Commission on
Intergovernmental Relations, Advisory Commission on
Jobs and Economic Development Authority
John de la Howe School
Juvenile Justice, Dept of - Board of Juvenile Parole
Lander University Board of Trustees
Law Examiners Board
Library Board
Liquefied Petroleum Gas Board
Long Term Health Care Administrators, Board of
Manufactured Housing Board
Maternal, Infant and Child Health, Council on
Medical Examiners, Board of
Medical University of South Carolina Board of Trustees
Mental Health, State Department of - Commission
Migrant Farm Workers Commission
Mining Council
Minority Affairs, Commission for
Museum Commission
Natural Resources, Department of
-Natural Resources Board
-Heritage Trust Advisory Board
Nuclear Advisory Council
Nursing, Board of
Occupational Health and Safety Review Board
Occupational Therapy, Board of
Old Exchange Building Commission
Opportunity School, Wil Lou Gray Board of Trustees
Opticianry, Board of Examiners in
Optometry, Board of Examiners in
Patriots Point Development Authority
Pharmacy, Board of
Physical Therapy Examiners, State Board of
Podiatry Examiners, Board of
Ports Authority Board
Prisoner of War Commission
Probation, Parole and Pardon Services, Board of
Prosecution Coordination, Commission on
Psychology, Board of Examiners in
Public Service Authority, Board of Directors
Public Service Commission
Pyrotechnic Safety, Board of
Radiation Control Technical Advisory Council
Real Estate Commission
Real Estate Appraisers Board
Reorganization Commission
Salary, Executive and Performance Evaluation Commission
Social Work Examiners, Board of
Speech-Language Pathology and Audiology, Board of Examiners
State University Board of Trustees
Tax Board of Review
Technical and Comprehensive Education, Board for
Transportation Department Commission
University of South Carolina Board of Trustees
Veterinary Medical Examiners, Board of
Vocational Rehabilitation, Board of
Winthrop University Board of Trustees
Women, Governor's Office, Commission on
Workers' Compensation Commission
(B) The Secretary must keep an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include (1) length of term for each office; (2) vacancies; (3) terms which have expired; (4) the month and year in which terms have expired or will expire; and (5) the body or authority which elects or appoints, as appropriate.
(C) The Secretary must publicize vacancies, expired terms, and those terms expiring within one year on a quarterly basis in a manner that provides the widest distribution possible."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator WALDREP proposed the following Amendment No. 1 (JUD1100.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 2-19-25. A person serving in an office elected by the General Assembly who is not seeking reelection must give written notice to the joint committee to review candidates for that office of his decision to not seek reelection. The notice must be given not less than thirty days prior to the last date for filing for that election, and is irrevocable. For purposes of this section, 'person serving in an office elected by the General Assembly' includes a person serving in office as an appointee to an unexpired term."/
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.
S. 1261 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES, ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT, AND DELETE THE EXEMPTION PROVIDING THAT THIS SECTION DOES NOT APPLY TO FOWL.
Senator WALDREP 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 adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (PT\2481AC.96), which was adopted:
Amend the bill, as and if amended, Section 47-1-40(A), page 1, line 29, by deleting /must/ and inserting /must may/ and on line 34 by deleting /must/ and inserting /may/.
Amend further, Section 47-1-40(B), page 1, line 42 by deleting /must/ and inserting /must may/.
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. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
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 (JIC\5896HTC.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-36-2120(17) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(17) machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;. As used in this item 'recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused, or returned to use in the form of raw materials or products, including composting, for sale. However, in applying this exemption to machines used in recycling, the following percentage of the gross proceeds of sale, or sales price of, machines used in recycling are exempt from the taxes imposed by this chapter:
Fiscal Year of Sale Percentage
Fiscal year 1997-98 fifty percent
After June 30, 1998 one hundred percent;
SECTION 2. This act takes effect July 1, 1997./
Amend title and totals to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
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 (JUD3838.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The first paragraph of Section 42-1-40 of the 1976 Code is amended to read:
"'Average weekly wages' means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, including the subsistence allowance paid to veteran trainees by the United States Government if the amount of such the allowance is reported monthly by such the trainee to his employer, divided by fifty-two. 'Average weekly wage' must be calculated by taking the total wages paid for the last four quarters immediately preceding the quarter in which the injury occurred as reported on the Employment Security Commission's Employer Contribution Reports divided by fifty-two or by the actual number of weeks for which wages were paid, whichever is less. If the injured employee lost more than seven consecutive calendar days at one or more times during such period, although not in the same week, then the earnings for the remainder of such fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, so as long as results fair and just to both parties will be obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as defined in this section, regard is to be had to the average weekly amount which during the fifty-two weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community."
SECTION 2. Section 42-1-160 of the 1976 Code is amended to read:
"Section 42-1-160. 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section an accident arising out of and in the course of employment shall include employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality.
Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.
Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner."
SECTION 3. Section 42-1-310 of the 1976 Code is amended to read:
"Section 42-1-310. Every employer and employee, except as stated in this chapter, shall be presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby, unless he shall have given, prior to any accident resulting in injury or death, notice to the contrary in the manner provided in Section 42-1-340."
SECTION 4. Section 42-1-320 of the 1976 Code is amended to read:
"Section 42-1-320. Neither the State nor any municipal corporation, nor any political subdivision thereof, nor any employee of the State or of any such corporation or subdivision may reject the provisions of this Title relative to payment and acceptance of compensation and the provisions of Sections 42-1-330, 42-1-340, 42-1-380, 42-1-390 and 42-1-460 to 42-1-530 shall not apply to them The State, its municipal corporations and political subdivisions thereof, and the employees of the State or its municipal corporations and political subdivisions are subject to this title."
SECTION 5. Section 42-1-460 of the 1976 Code is amended to read:
"Section 42-1-460. Every contract of service between any employer and employee covered by this title, written or implied, in operation or made or implied prior to July 17, 1936, shall be presumed to continue, subject to the provisions of this title; and every such contract made subsequent to said date shall be presumed to have been made subject to the provisions of this title, unless either party shall give notice, as provided in Sections 42-1-330 and 42-1-340, to the other party to such contract that the provisions of this Title other than Sections 42-1-390 and 42-1-510 to 42-1-530 are not intended to apply.
A like presumption shall exist equally in the case of all minors, unless notice of the same character be given by or to the parent or guardian of the minor."
SECTION 6. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported work-related injury or occupational disease for eight days, an employer may start temporary disability payments immediately and may continue these payments for up to one hundred fifty days from the date the injury or disease is reported without waiver of any grounds for good faith denial. Upon making the first payment, the employer shall immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
(B) Once temporary disability payments are commenced, the payments may be terminated or suspended immediately at any time within the one hundred fifty days if:
(1) the employee has returned to work; however, if the employee does not remain at work for a minimum of fifteen days, temporary disability payments must be resumed immediately; or
(2) the employee agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work; or
(3) a good faith investigation by the employer reveals grounds for denial of the claim; or
(4) the employee has been released by the treating physician to work without restriction and the employer offers comparable employment; or
(5) the employee has been released by the treating physician to limited duty work and the employer provides limited duty work consistent with the terms upon which the employee has been released; or
(6) the employee refuses medical treatment, as provided in Section 42-15-60, or refuses an examination or evaluation, as provided in Section 42-15-80, and the termination or suspension of benefits continues until the refusal ceases or the commission determines the refusal is justified pursuant to either Section 42-15-60 or 42-15-80.
(C) An employee whose disability payments have been terminated or suspended pursuant to this section may request a hearing to have the payments reinstituted. The hearing must be held within sixty days of the date of the employee's request for a hearing.
(D) If an employee has been declared as having reached maximum medical improvement, the employer may request a hearing to address the termination of temporary disability payments. The hearing must be held within sixty days of the date of the employer's request for a hearing.
(E) An employer may request a hearing at any time to address termination or reduction of temporary disability payments.
(F) After the one hundred fifty-day period has expired, the commission shall provide by rule regulation the method and procedure by which benefits may be suspended or terminated for any cause, but such rule the regulation must provide for an evidentiary hearing and commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient or the circumstances identified in Section 42-9-260(B)(1) or (B)(2) are present. Further, the commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(G) Failure to comply with such rule as to termination or suspension of benefits must this section shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."
SECTION 7. Section 42-9-360 of the 1976 Code is amended to read:
"Section 42-9-360. (A) No claim for compensation under this title shall be assignable and all compensation and claims therefor shall be exempt from all claims of creditors and from taxes.
(B) It shall be unlawful for an authorized health care provider to actively pursue collection procedures against a workers' compensation claimant prior to the final adjudication of the claimant's claim. Nothing in this section shall be construed to prohibit the collection from and demand for collection from a workers' compensation insurance carrier or self-insured employer. Violation of this section, after written notice to the provider from the claimant or his representative that adjudication is ongoing, shall result in a penalty of five hundred dollars payable to the workers' compensation claimant.
(C) Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless the consideration or gratuity is approved by the commission or the court, or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation is guilty of a misdemeanor and, upon conviction, must, for each offense, be fined not more than five hundred dollars or imprisoned not more than one year, or both.
(D) Payment to an authorized health care provider for services shall be made in a timely manner but no later than thirty days from the date the authorized health care provider tenders request for payment to the employer's representative, unless the commission has received a request to review the medical bill."
SECTION 8. Section 42-19-10 of the 1976 Code, as last amended by Section 15, Part II of Act 612 of 1990, is further amended to read:
"Section 42-19-10. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment on blanks approved by the commission. Within ten days after the occurrence and knowledge of it, as provided in Section 42-15-20, of an injury to an employee requiring medical or surgical attention, a report of the injury must be made in writing and mailed to the commission on blanks approved by it for this purpose. However, for the injury of a South Carolina National Guard member as provided for in Section 42-7-67, the ten days must be counted from the date the employer, the South Carolina National Guard, has knowledge that the federal government has denied benefits to the injured guard member or that benefits or additional benefits may be due under the provisions for South Carolina Workers' Compensation.
Such report shall contain the name, nature and location of the business of the employer and the name, age, sex, wages and occupation of the injured employee and shall state the date and hour of the accident causing injury, the nature and cause of the injury and such other information as may be required by the Commission.
An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed an amount specified by regulation of the Workers' Compensation Commission may be filed in summary on a form and at a time prescribed by the commission. Provided, however, this form may not be used to report an injury to the back. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment on forms approved by the commission.
If the injury requires minimal medical attention at a cost not to exceed an amount specified by regulation of the Workers' Compensation Commission, and does not cause more than one lost workday or permanency, the employer is not required to make a written report to the commission or the employer's insurance carrier, provided the employer maintains a record as prescribed by the commission and pays directly the incurred cost of the resulting medical attention.
All other injuries must be reported in writing to the commission according to the following guidelines:
(1) An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed an amount specified by regulation of the Workers' Compensation Commission must be reported annually on a form and at a time prescribed by the commission.
(2) An injury involving compensable lost time, medical attention in excess of the limit established by commission regulation in (1) above, or the possibility of permanency must be reported within ten business days after the occurrence and knowledge of it, as provided in Section 42-15-20, on a form or in an electronic format prescribed by the commission.
However, for the injury of a South Carolina National Guard member as provided for in Section 42-7-67, the reporting periods must be counted from the date the employer, the South Carolina National Guard, has knowledge that the federal government has denied benefits to the injured guard member or that benefits or additional benefits may be due under the provisions of Title 42."
SECTION 9. The 1976 Code is amended by adding:
"Section 38-73-515. (A) Each insurer issuing a policy of workers' compensation insurance shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under Title 42. Deductible amounts offered must be disclosed fully to the prospective policyholder in writing in the amount of one hundred dollars, two hundred dollars, three hundred dollars, four hundred dollars, five hundred dollars, or increments of five hundred dollars up to a maximum of two thousand five hundred dollars for each compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.
(B) If the policyholder exercises the option and chooses a deductible, the insured employer is liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer must be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
(C) Optional deductibles must be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed after June 30, 1996, unless an insured employer and insurer agree to renegotiate a workers' compensation insurance policy in effect on July 1, 1996, so as to include a provision allowing for a deductible.
(D) Premium reduction for deductibles must be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this section must not be included as benefits paid so as to harm the experience rating of the employer.
(E) This section does not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to the laws of this State."
SECTION 10. Sections 42-1-330 and 42-1-340 of the 1976 Code are repealed.
SECTION 11. Sections 42-1-510, 42-1-520, and 42-1-530 of the 1976 Code are repealed on July 1, 1997.
SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of this act will have until July 1, 1997, to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of this act and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall effect or alter any cause of action, right, or claim accruing before the effective date of this act; however, any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
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 with notice of general amendments.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Senator HAYES 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 adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4434.002), which was adopted:
Amend the bill, as and if amended, page 1, line 37, in Section 56-5-2990, as contained in SECTION 1, by striking /fifth third/ and inserting /fifth/.
Amend the bill further, as and if amended, page 1, line 41, in Section 56-5-2990, as contained in SECTION 1, by striking /fifth third/ and inserting /fifth/.
Amend the bill further, as and if amended, page 2, beginning on line 31, in Section 56-1-385, as contained in SECTION 2, by striking lines 31 through 41 in their entirety and inserting therein the following:
/(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics./
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 with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
On motion of Senator COURTNEY, with unanimous consent, S. 480 was ordered to receive a third reading on Friday, April 26, 1996.
H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1298 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, S. 1298 was ordered to receive a third reading on Friday, April 26, 1996.
H. 4407 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER TO THE BOARD APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE TO REPRESENT THE GENERAL PUBLIC.
S. 862 -- Senators Elliott and Saleeby: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Senator SALEEBY explained the Bill.
On motion of Senator SALEEBY, with unanimous consent, S. 862 was ordered to receive a third reading on Friday, April 26, 1996.
S. 862 -- Senators Elliott and Saleeby: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
On motion of Senator HOLLAND, with unanimous consent, the names of Senators HOLLAND, FORD and GLOVER were added as co-sponsors of the Bill.
S. 1047 -- Senator McConnell: A BILL TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE RELEASED ON THEIR OWN RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME THE RELEASE OF AN ACCUSED VIOLENT CRIME OFFENDER WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY SUBJECT TO REBUTTAL BY THE ACCUSED OFFENDER.
On motion of Senator COURTNEY, with unanimous consent, S. 1047 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1125 -- Senator Fair: A BILL TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.
On motion of Senator COURTNEY, with unanimous consent, S. 1125 was ordered to receive a third reading on Friday, April 26, 1996.
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.
On motion of Senator RANKIN, with unanimous consent, S. 1311 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.
On motion of Senator DRUMMOND, with unanimous consent, S. 1335 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
On motion of Senator COURTNEY, with unanimous consent, S. 1358 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.
On motion of Senator COURTNEY, with unanimous consent, S. 1366 was ordered to receive a third reading on Friday, April 26, 1996.
H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.
On motion of Senator HOLLAND, with unanimous consent, H. 3229 was ordered to receive a third reading on Friday, April 26, 1996.
H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.
H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.
S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Transportation Committee proposed the following amendment (GJK\22534HTC.96), which was adopted:
Amend the bill, as and if amended, in Section 58-17-4096(B) as contained in SECTION 1, line 23, by striking /must/ and inserting /may/.
Renumber sections to conform.
Amend totals and title to conform.
Senator PEELER argued contra to the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator PEELER desired to be recorded as voting against the second reading of the Bill.
On motion of Senator McGILL, with unanimous consent, S. 704 was ordered to receive a third reading on Friday, April 26, 1996.
H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
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 (JUD3268.002), 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 16-3-20(C)(a) of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding at the end:
"( ) The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (S-LCI\1248.001), which was adopted:
Amend the bill, as and if amended, by striking Section 40-7-190(B) and inserting in lieu thereof the following:
/(B) A barbershop owner or barber school or college may apply to the board for a permit for a variance from a regulation promulgated pursuant to this chapter. After opportunity for an inspection, the board may, if it deems necessary, conduct a hearing. If it determines that the proponent of a variance has demonstrated, by a preponderance of the evidence, that the conditions, practices, means, methods, operations or processes used or proposed to be used in a particular location will provide a barbershop which is as safe and healthful as those which would be present if he complied with the regulation, the board may grant the permit for a variance. The permit, if issued, shall prescribe the conditions the permittee must maintain and the practices, means, methods, operations, or processes which must be adopted and utilized to the extent they differ from a given regulation. Such permit may be revoked or modified upon application of the permittee or by the board on its own motion, in the manner prescribed for its issuance under this subsection, at any time./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator BRYAN, with unanimous consent, S. 1248 was ordered to receive a third reading on Friday, April 26, 1996.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Senator BRYAN 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 adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\3228.1), which was adopted:
Amend the bill, as and if amended, on page 1, line 35 by striking /where authorized/ and inserting:
/unless prohibited/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
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 (JUD0562.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-200. (A) Except for the appointment of magistrates as provided in Section 22-1-10, the appointment of members of county boards of registration as provided in Section 7-5-10, the appointment of county commissioners of election as provided in Section 7-13-70, and an action concerning a special purpose district or natural gas authority, any action which by statute requires a vote or an action by a county legislative delegation on a matter affecting only one county may be devolved upon the county governing body of that county if:
(1) the delegation affirmatively votes, using the weighted voting formula provided in subsection (C), that the action be devolved upon the county governing body; and
(2) the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance.
The Code Commissioner must keep a list of these notifications and shall include the information in the statutory notes in each cumulative supplement and revised volume of the Code of Laws of South Carolina.
(B) Any action which by statute requires a vote or an action by the county legislative delegation on a matter affecting only one county must utilize the weighted voting formula provided in subsection (C). These actions include, but are not limited to:
(1) all appointments not devolved upon the county governing body which either are made or recommended by a county legislative delegation where the appointee or person recommended would represent only that county;
(2) an action concerning a special purpose district or natural gas authority which by statute requires a vote or an action by a county legislative delegation; and
(3) all other matters not devolved upon the county governing body as provided in subsection (A).
(C) The number of residents in a county comprising the district represented by a member of the Senate must be divided by the total population of that county. The number of residents in a county comprising the district represented by a member of the House of Representatives must be divided by the total population of that county. To determine the relative weight of the vote for the respective House and Senate members, the resulting percentages must then be divided by two and rounded to the nearest whole number, except in those instances below .5 which must be rounded to equal one.
(D) For the purposes of this section, 'county legislative delegation' includes each member of the House of Representatives and of the Senate whose district includes any portion of the geographic area of a given county.
(E) Population totals to be used for the calculation in subsection (C) must be based upon the decennial census used to establish the respective House and Senate districts.
Section 2-1-210. (A) Any action which by statute requires a vote or an action by a legislative delegation of the General Assembly representing a multi-county area including, but not limited to, a judicial circuit and a congressional district must utilize the weighted voting formula provided in subsection (B). A legislator may vote only in the multi-county area in which he resides.
(B) The number of residents in a geographic area comprising more than one county represented by a member of the Senate must be divided by the total population of that geographic area. The number of residents in a geographic area comprising more than one county represented by a member of the House of Representatives must be divided by the total population of that geographic area. To determine the relative weight of the vote for the respective House and Senate members, the resulting percentages must then be divided by two and rounded to the nearest whole number, except in those instances below .5 which must be rounded to equal one.
(C) For the purposes of this section, 'legislative delegation' includes each member of the House of Representatives and of the Senate whose district includes any portion of the geographic area of a given multi-county area.
(D) Population totals to be used for the calculation in subsection (B) must be based upon the decennial census used to establish the respective House and Senate districts."
SECTION 2. The Code Commissioner is empowered and directed to modify all code sections which are inconsistent with this act and to indicate in the annotations or notes following a code section any action accepted by a county governing body by ordinance or resolution.
SECTION 3. This act takes effect upon approval by the Governor./
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.
Senator LANDER asked to be recorded as voting against second reading of the Bill.
On motion of Senator COURTNEY, with unanimous consent, S. 562 was ordered to receive a third reading on Friday, April 26, 1996.
S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.
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 (JUD0739.001), which was adopted:
Amend the bill, as and if amended, page 2, line 10, in Section 23-1-212(B)(3), as contained in SECTION 1, by inserting after the word /felony/ the following:
/or misdemeanor/.
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.
On motion of Senator COURTNEY, with unanimous consent, S. 739 was ordered to receive a third reading on Friday, April 26, 1996.
S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.
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 (JUD0776.002), 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 15-27-15 of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever any a deaf person is a party or witness to any legal proceeding or a witness therein, including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's court, or is confined to any an institution, the court shall appoint a as many qualified interpreter, interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf or as many as needed,. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives such having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from such funds appropriated to the Judicial Department for this purpose by the General Assembly.
(B) For purposes of this section:
(1) 'Qualified interpreter' means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person.
(2) 'Deaf person' means a person who cannot use his hearing for communication purposes.
(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court."
SECTION 2. This act takes effect upon approval by the Governor./
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.
On motion of Senator COURTNEY, with unanimous consent, S. 776 was ordered to receive a third reading on Friday, April 26, 1996.
S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.
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 (JUD0777.001), 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 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:
"Section 22-1-25. (A) Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be is mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.
(B) Any retired magistrate receiving retirement benefits from a retirement system of this State, regardless of his age, may be appointed by the Governor, upon recommendation of the governing body of the county in which he last served, to serve as a special magistrate in the county in the manner provided by this section. The retired magistrate's service as a special magistrate must be for the purpose of temporarily replacing a magistrate of the county who is unable presently to fulfill his duties due to illness, injury, or other similar reasons. If a magistrate becomes ill, sustains an injury, or suffers from another cause which prevents or will prevent him from discharging his duties for a consecutive period of at least fifteen days, the county governing body may petition the Governor to appoint a specified retired magistrate to serve as a special magistrate for the county. A special magistrate, if so appointed, must be compensated in an amount determined by the county governing body, provided that the limitations on what covered retired employees may earn if they return to work under a state retirement system continue to apply to the special magistrate. The special magistrate shall serve for the period of time specified by the Governor in his certificate of appointment."
SECTION 2. This act takes effect upon approval by the Governor./
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.
On motion of Senator COURTNEY, with unanimous consent, S. 777 was ordered to receive a third reading on Friday, April 26, 1996.
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0943.001), which was adopted:
Amend the joint resolution, as and if amended, page 1, beginning on line 30, in Section 1A, as contained in SECTION 1, by striking Section 1A in its entirety and inserting therein the following:
/"Section 1A. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a justice of the Supreme Court, as a judge of the Court of Appeals, as a circuit court judge, or as a judge or member of any other court provided for or established by the Constitution or by general law that is part of the unified judicial system. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for judicial office fifteen years or more after the completion date of service of the sentence, including probation and parole time."/
Amend the joint resolution further, as and if amended, page 2, beginning on line 7, as contained in SECTION 2, by striking lines 7 through line 8 in their entirety and inserting therein the following:
/federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for judicial office fifteen years or more from the date the sentence, including probation and parole time, has been served?/
Amend title to conform.
Senator COURTNEY explained the amendment
The amendment was adopted.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Bill be ordered to receive a second reading:
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this State is amended by adding:
"SECTION 1A. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a justice of the Supreme Court, as a judge of the Court of Appeals, as a circuit court judge, or as a judge or member of any other court provided for or established by the Constitution or by general law that is part of the unified judicial system. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for judicial office fifteen years or more after the completion date of service of the sentence, including probation and parole time."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for Representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
"Must Article V of the Constitution of this State relating to the judicial department be amended by adding Section 1A so as to provide that no person is eligible to serve as a justice of the Supreme Court, as a judge of the Court of Appeals, as a circuit court judge, or as a judge or member of a court of uniform jurisdiction provided for by general law who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for judicial office fifteen years or more from the date the sentence, including probation and parole time, has been served?
SECTION 3. This act takes effect upon approval by the Governor.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator COURTNEY, with unanimous consent, S. 943 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (DKA\3709AC.96), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 47-1-210. (A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.
(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.
(D) This section does not apply when a live animal is given away by an individual or organization operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education."/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator McCONNELL, with unanimous consent, S. 1013 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.
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 (JUD1049.001), which was adopted:
Amend the bill, as and if amended, page 1, line 38, in Section 23-6-510(8), as contained in SECTION 1, after the word /representative/ by inserting therein the following:
/appointed by the Governor for a term of four years/.
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.
On motion of Senator COURTNEY, with unanimous consent, S. 1049 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1050.001), which was adopted:
Amend the joint resolution, as and if amended, page 1, line 39, in Section 24, as contained in SECTION 1, before the word /informed/ by inserting the word /reasonably/.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Bill be ordered to receive a second reading:
S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 24. (A) To preserve and protect victims' rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:
(1) be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim's constitutional rights, provided by statute;
(2) be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;
(3) be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;
(4) be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;
(5) be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing;
(6) be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;
(7) confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;
(8) have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;
(9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury including both adult and juvenile offenders;
(10) be informed of any proceeding when any post-conviction action is being considered, and be present at any post-conviction hearing involving a post-conviction release decision;
(11) a reasonable disposition and prompt and final conclusion of the case;
(12) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.
(B) Nothing in this section creates a civil cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services contained in this section. The rights created in this section may be subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge to require compliance by any public employee, public agency, the State, or any agency responsible for the enforcement of the rights and provisions of these services contained in this section, and a wilful failure to comply with a writ of mandamus is punishable as contempt.
(C) For purposes of these section:
(1) A victim's exercise of any right granted by this section is not grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(2) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term 'victim' also includes the person's spouse, parent, child, or lawful representative of a crime victim who is deceased, who is a minor or who is incompetent or who was a homicide victim or who is physically or psychologically incapacitated.
(3) The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(4) The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage others granted by the General Assembly or retained by victims."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended so as to add the 'Victims' Bill of Rights' which provides that a crime victim shall have the right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process?
SECTION 3. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:
"Section 15. All persons shall be, before conviction, be bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required;, nor shall excessive fines be imposed;, nor shall cruel, nor corporal, nor unusual punishment be inflicted;, nor shall witnesses be unreasonably detained."
SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 15 of Article I of the Constitution of this State, relating to the right of bail, cruel and unusual punishment, and detention of witness, be amended so as to provide that bail may be denied to persons charged with violent offenses as defined by the General Assembly?
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator COURTNEY, with unanimous consent, S. 1050 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.
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 (JUD1073.001), which was adopted:
Amend the bill, as and if amended, page 1, line 32, in Section 16-13-380, as contained in SECTION 1, by striking the word /one/ and inserting therein:
/one five/.
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.
On motion of Senator COURTNEY, with unanimous consent, S. 1073 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
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 (1197R005.HSP), which was adopted:
Amend the bill, as and if amended, page 24, line 13, by striking / combination /.
Amend the bill further, as and if amended, page 24, line 15, by inserting after / game / the following:
/, hunting on wildlife management area lands, /.
Amend the bill, as and if amended, page 24, by striking lines 17 through 28 and inserting the following:
/(16) A person who has been a domiciled resident of South Carolina for at least one year and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration, or Medicaid assistance may obtain a statewide fishing and hunting license at no cost. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only and is valid for three years. Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification. To recertify, applicant must furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits./
Amend the bill further, as and if amended, page 26, by striking lines 5 through 11.
Amend the bill further, as and if amended, page 26, after line 23, by adding the following:
/Section 50-9-550. It is unlawful for any resident of the State to fish in any of the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has first obtained a special 'reservoirs, lakes, and streams freshwater permit'. No person licensed under the provisions of Sections 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit.
The permits must be obtained from the department at a fee of three dollars. One dollar of the fee must be retained by the agent issuing the permit and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them. The provisions of this section apply to the following bodies of water within this State:
(1) the waters or backwaters of the Catawba and Wateree Rivers within Chester, Fairfield, Kershaw, and Lancaster counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County;
(2) Lake Marion;
(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;
(4) Lake Murray;
(5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam;
(6) Keowee-Toxaway Lake in Oconee and Pickens counties;
(7) Lake Jocassee;
(8) Lake Greenwood;
(9) Hartwell Reservoir;
(10) Lake Richard B. Russell;
(11) Lake Wiley;
(12) the Parr Hydroelectric Project Fish and Game Management Area:
(a) Parr Reservoir;
(b) Monticello Reservoir;
(c) Monticello Reservoir Sub-Impoundment.
(13) Lake Ashwood in Lee County.
The provisions of this section do not affect in any way any reciprocal agreement with the State of Georgia as to recognition of residents' fishing licenses or permits. Any person exempt from licensing requirements under Article 7 of this chapter is exempt from the requirement to purchase a permit as provided in this section.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days./
Amend the bill further, as and if amended, page 32, line 16, by inserting at the end, before the / " / the following:
/The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas./.
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.
On motion of Senator COURTNEY, with unanimous consent, S. 1197 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.
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 (JUD1198.001), 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 4-9-145 of the 1976 Code is amended to read:
"Section 4-9-145. The governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest. These code enforcement officers shall exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator ALEXANDER explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ALEXANDER, with unanimous consent, S. 1198 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1209 -- Senator Richter: A JOINT RESOLUTION TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.
The Senate proceeded to a consideration of the Resolution. 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 (DKA\3700DW.96), which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2, and inserting:
/SECTION 2. This act takes effect only if the Supreme Court of South Carolina denies the pending petition for certiorari in Town of Sullivan's Island v. Felger, or if the Supreme Court of South Carolina grants certiorari in that case and holds that the property subject to the 1843 resolution is not eligible for conversion into a fee simple title./
Amend title to conform.
Senator PEELER spoke on 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 PEELER, with unanimous consent, S. 1209 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.
Senator WALDREP 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 adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (PT\2478AC.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 47-3-75 of the 1976 Code, as added by Act 354 of 1992, is amended to read:
"Section 47-3-75. (A) An animal delivered to a veterinarian, a dog kennel, a cat kennel, an animal hospital, another animal care facility, or to a person who boards domestic animals on his the person's premises for a fee may be transferred to an appropriate animal shelter ten days after the date the owner failed to pick up the animal as agreed to pursuant to a written contract or agreement. The animal may be transferred only if the written contract or agreement provides for the transfer and if an attempt is made to notify the owner by regular mail and by certified mail at his the owner's last known address on the date the owner failed to pick up the animal as agreed.
(B) A person who boards animals of others as described in this section pursuant to subsection (A) shall post written notice of the provisions of this section at his the person's place of business.
(C) A person who fails to pick up an animal as provided for in subsection (A), who fails to pay his boarding fees in a timely manner, or who abandons an animal at an animal hospital, a dog kennel, a cat kennel, another animal care facility, or boarding facility is guilty of a misdemeanor and, upon conviction, may be imprisoned not more than thirty days or fined not more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1266 -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.
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 (DKA\3701DW.96), which was adopted:
Amend the bill, as and if amended, page 1, Section 50-11-310(A)(1), by inserting after /4/ on line 30: /, nor may the department close any part of the deer season in which firearms are allowed on private lands in Game Zone 4/.
Amend title to conform.
Senator LANDER explained the amendment.
Senator LANDER proposed the following Amendment No. 1 (DKA\3702DW.96), which was tabled:
Amend the bill, as and if amended, page 1, Section 50-11-310(A)(1), line 30, by striking Zone 4 and inserting / Zones 2 and 4, nor may the department close any part of the deer season in which firearms are allowed on private lands in Game Zones 2 and 4/.
Amend title to conform.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (1293R001.DLT), 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 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the state grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530."
SECTION 2. Section 17-25-322 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-322. (A) When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held as a matter of course unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or otherwise compensate the victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the victim's legal representative as well as the Attorney General and the solicitor have the right to be present and be heard upon the issue of restitution at any of these hearings.
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:
(1) the financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well being of the victim.
(C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Probation, Parole and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay.
(D) All restitution funds, excluding the twenty percent collection fee, collected before or after the effective date of this section that remain unclaimed by a crime victim for more than eighteen months from the day of last payment received must be transferred to the South Carolina Victims' Compensation Fund, notwithstanding the Uniform Unclaimed Property Act of 1981."
SECTION 3. Section 17-25-323 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-323. (A) The trial court retains jurisdiction of the case for purpose of modifying the manner in which court-ordered payments are made until paid in full, or until the defendant's active sentence and probation or parole, if any, expires.
(B) When a defendant has been placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or of any installment or of any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution ordered plus reasonable attorney's fees and cost ordered by the court.
(C) The judgments may be enforced as any a civil judgment.
(D) A judgment issued pursuant to this section has all the force and effect of a final judgment and, as such, may be enforced by the judgment creditor in the same manner as any other civil judgment; with enforcement to take place in court of common pleas.
(E) The clerk of court must enter any a judgment issued pursuant to this section in the civil judgment records of the court. No A judgment issued pursuant to this section is not effective until entry is made in the civil judgment records of the court as required under this subsection.
(F) Upon full satisfaction of any a judgment entered under this section, the judgment creditor must record such the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court."
SECTION 4. Section 17-25-326 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-326. Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence."
SECTION 5. The 1976 Code is amended by adding:
"Section 24-21-490. (A) The Department of Probation, Parole and Pardon Services shall have the responsibility for collecting and distributing restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.
(B) Notwithstanding Section 14-7-725, the Department of Probation, Parole and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section."
SECTION 6. Section 16-3-1110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(12)(a) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:
(i) medical and psychological counseling expenses;
(ii) specific damages and economic losses;
(iii) funeral expenses and related costs;
(iv) vehicle impoundment fees;
(v) child care costs; and
(vi) transportation related to a victim's participation in the criminal justice process.
Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.
Restitution orders do not limit any civil claims a crime victim may file."
SECTION 7. The 1976 Code is amended by adding:
"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole and Pardon Services shall ensure that a primary victim shall receive his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.
(B) The Department of Probation, Parole and Pardon Services shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies.
(C) The Department of Probation, Parole and Pardon Services must maintain a minimum of twelve restitution center beds, or may contract at other appropriate residential facilities, for every two thousand five hundred offenders supervised by the department."
SECTION 8. This act takes effect on January 1, 1997, and applies to all persons sentenced on or after April 1, 1997, except that the provisions contained in Section 17-25-324(C) take effect on January 1, 1997./
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MARTIN, with unanimous consent, S. 1293 was ordered to receive a third reading on Friday, April 26, 1996.
S. 1337 -- Senator Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
On motion of Senator HAYES, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
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.
On motion of Senator DRUMMOND, the Resolution was carried over.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Senators McCONNELL and HOLLAND explained the Bill.
On motion of Senator HOLLAND, the Bill was carried over.
H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.
On motion of Senator LEATHERMAN, the Bill was carried over.
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.
On motion of Senator MOORE, the Resolution was carried over.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
On motion of Senator DRUMMOND, the Resolution was carried over.
H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
On motion of Senator MOORE, the Bill was carried over.
Senator DRUMMOND objected to the consideration of any further House Bills on the Uncontested Statewide Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Senator HOLLAND asked unanimous consent to make a motion to recall H. 3281 from the Committee on Judiciary and place it in the Chairmen's Committee slot in the status of Special Order, and, recommit S. 1188 to the Committee on Judiciary.
Senator McCONNELL objected.
TO: Senate Committee Chairmen
FROM: Donald H. Holland
DATE: April 25, 1996
RE: Unanimous Consent Request to Set H. 3281 (Term Limits) for Special Order in Chairmen's Special Order Position
After the decision by the body yesterday to not set S. 1188 for special order such that it could be considered and passed on to the House prior to May 1, 1996, the only realistic opportunity for the Senate to consider term limits is through the vehicle of H. 3281 (House version of term limits).
As the only slot open on the Senate Calendar is the Chairmen's Special Order position, I am, by this letter, giving notice of my intention to ask today for unanimous consent to recall H. 3281 from the Senate Judiciary Committee and set it for special order in the Chairmen's Special Order position. It would then be my intention to amend H. 3281 to include all of the provisions of S. 1188, the Voters' Rights Resolution, so as to include provisions:
(1) establishing initiative and referendum rights for South Carolina voters;
(2) setting immediate and effective term limits;
(3) establishing parity in voting between the S.C. House of Representatives and the S.C. Senate; and
(4) shortening the session and establishing a more efficient method for joint consideration of the annual Appropriations Act.
I would appreciate your consideration of my unanimous consent request at the appropriate time.
THE SENATE PROCEEDED TO THE CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Senate Finance Committee.
Senator DRUMMOND, Chairman of the Senate Finance Committee, spoke on the report.
At 1:35 P.M., Senator MARTIN assumed the Chair.
Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, it stand adjourned to meet tomorrow, April 26, 1996, 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; and, further, that when the Senate adjourns on Friday, April 26, 1996, it stand adjourned to meet in statewide session on Monday, April 29, 1996, at 2:00 P.M.
There was no objection.
Senator DRUMMOND moved that when the Senate adjourns on Friday, April 26, 1996, it stand adjourned to meet next Monday, April 29, 1996, at 2:00 P.M., which motion was adopted.
At 1:54 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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