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, St. Paul wrote to the Corinthians, (I Cor. 3:16):
"Know you not that you are the temple
of God, and that the Spirit of God dwelleth
in you?"
Let us pray.
Almighty God, our heavenly Father: You are ever revealing Yourself to us through the marvels of Your creation, in us, above us, beyond us, but most of all in the Scriptures... and in the person of Jesus.
Help us each day to learn more about ourselves: the things we ought to do, the goals for which we ought to strive, the tasks we ought to take up. And to do this simply because of who we are: earthly temples in whom dwells the Spirit of the Living God.
Make this a good day for us, O Lord, because we have begun it with the praise of You who has loved us with an everlasting love.
Amen.
At 11:05 A.M., Senator MARTIN assumed the Chair.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., May 8, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 351, H. 4693 by a vote of 3 to 0:
(R351) 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.
Very respectfully,
Speaker of the House
Received as information.
(R351) 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.
The veto of the Governor was taken up for immediate consideration.
Senator COURTNEY moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
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 Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
April 18, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:
Policeman:
Chief Reuben M. Greenberg, 180 Lockwood Boulevard, Charleston, S.C. 29403
Referred to the Committee on Corrections and Penology.
Senator McCONNELL introduced Dr. Francis Rushton of Beaufort, S.C., Doctor of the Day.
On motion of Senator MOORE, at 11:00 A.M., Senator SHORT was granted a leave of absence until 1:00 P.M.
At 11:40 A.M., Senator FAIR requested a leave of absence from 11:45 - 12:30 P.M.
At 12:00 Noon, Senator BOAN requested a leave of absence for the balance of the day.
Senator LEVENTIS rose to a Point of Personal Privilege.
Columbia, S.C., May 8, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Very respectfully,
Speaker of the House
Received as information.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
On motion of Senator RICHTER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RICHTER spoke on the report.
On motion of Senator RICHTER, the Report of the Committee of Conference to S. 699 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 12-51-90 of the 1976 Code is amended to read:
"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with eight percent interest on the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If prior to the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book."
SECTION 2. Section 12-51-60 of the 1976 Code is amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
SECTION 3. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-deliver to addressee only' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest at the applicable rate on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
SECTION 4. This act takes effect upon approval by the Governor and applies with respect to delinquent tax sales occurring on and after that date./
Amend title to conform.
/s/Larry A. Martin /s/Woodrow M. McKay /s/Larry E. Richter /s/Juanita M. White /s/Thomas C. Alexander /s/Robert W. Harrell, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4600 -- GENERAL APPROPRIATION BILL
Columbia, S.C., May 8, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4600--Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1996. (Abbreviated Title)
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Robinson of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Columbia, S.C., May 8, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Robinson of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
Senator LAND spoke on the Bill.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 1409 -- Senator Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MOUBRAY BEATY, A PROMINENT ROCK HILL REALTOR AND DEVELOPER, UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1410 -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS THIRTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THE THIRTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4997 -- Reps. Walker and Richardson: A CONCURRENT RESOLUTION TO COMMEND THE INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., (IIAA) ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4998 -- Reps. Sandifer and Klauber: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF WARRANT OFFICER FIVE HURMAN FRANKLIN HUGHES FOR THIRTY-SEVEN YEARS OF SERVICE TO SOUTH CAROLINA AND THIS NATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5000 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HERBERT MELLETTE, JR., OF TURBEVILLE, UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5001 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION PROUDLY COMMENDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND W.H. "BILL" ALSTON OF AWENDAW, SOUTH CAROLINA, FOR HIS GENEROSITY AND COMPASSION TO THE CITIZENS OF HIS COMMUNITY, COUNTY, AND STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5003 -- Reps. J. Young, Canty, McElveen, Neal, Baxley, G. Brown, Harvin and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS UPON THE DEATH OF ONE OF THIS STATE'S MOST PROMINENT CITIZENS, MARGARET WEEKS "TOODY" OSTEEN, CHAIRMAN OF THE BOARD OF OSTEEN PUBLISHING COMPANY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5004 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5005 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MIRIAM COLLETON GREEN OF AWENDAW, SOUTH CAROLINA, FOR HER OUTSTANDING CAREER, LIFETIME ACCOMPLISHMENTS, AND GENEROSITY IN SERVING THE PEOPLE OF CHARLESTON COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5006 -- Reps. J. Brown, Allison, Baxley, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cooper, Cromer, Dantzler, Delleney, Easterday, Felder, Fleming, Gamble, Hallman, J. Harris, Haskins, J. Hines, M. Hines, Howard, Inabinett, Keegan, Kinon, Kirsh, Klauber, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Martin, Mason, McCraw, McKay, McMahand, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Richardson, Riser, Sandifer, Seithel, Sharpe, Sheheen, Simrill, R. Smith, Spearman, Stoddard, Thomas, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS THIRTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THE THIRTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Read the first time and referred to the Committee on Judiciary.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4994 favorable:
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue McGill
Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Dairy Association, Inc. to attend an Ice Cream Under The Veranda in the courtyard between the Blatt and Gressette Buildings on State House grounds on Wednesday, May 15, 1996, from 10:00 A.M. until 3:00 P.M.
Courson Peeler Wilson Patterson O'Dell Passailaigue McGill
Matthews Russell Rose
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
The House returned the Bill with amendments.
On motion of Senator SHORT, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1390 -- Senator Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
(By prior motion of Senator BRYAN)
S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED, AND TO MAKE THE SECTION APPLICABLE ONLY TO DISTRICTS EXISTING BEFORE MARCH 7, 1973, WHICH DO NOT HAVE ELECTED GOVERNING BODIES WITH AUTHORITY TO LEVY TAXES.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.
Senator THOMAS 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.
Senators HOLLAND and MOORE proposed the following amendment (JUD4694.002), which was adopted:
Amend the committee report, as and if amended, page [4694-8], beginning on line 6, in Section 58-9-576, as contained in SECTION 3, by striking Section 58-9-576(A) in its entirety and inserting therein the following:
/Section 58-9-576. (A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC or the commission determines that another provider's service competes with the LEC's basic local exchange telephone service./.
Amend title to conform.
Senator MOORE explained the amendment.
Senators THOMAS and LEVENTIS proposed the following amendment (4694R002.DLT), which was tabled:
Amend the committee amendment, as and if amended, page 4694-6, line 19, by striking the first sentence of subsection (G).
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator MOORE spoke contra to the Bill.
Senator MOORE moved to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Drummond Giese Hayes Holland Hutto Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Rankin Reese Rose Russell Saleeby Setzler Smith, J.V. Wilson
Cork Courson Ford Leventis Patterson Peeler Richter Ryberg Smith, G. Thomas Washington
The amendment was tabled.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS objected to further consideration of the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4853 -- Rep. Wilkes: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
On motion of Senator SHORT, with unanimous consent, H. 4853 was ordered to receive a third reading on Thursday, May 9, 1996.
H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
On motion of Senator SETZLER, with unanimous consent, Senators SETZLER, CORK and WASHINGTON were granted leave to attend a subcommittee meeting and be counted in any quorum calls.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 5A (4138R028.ELP):
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/A. The State Election Commission shall conduct a state-wide referendum on November 5, 1996, on the question of eliminating ad valorem taxes on owner-occupied residential real property. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service and do you favor authorizing the General Assembly to enact necessary and appropriate legislation to implement the property tax exemption and address the budgetary effects of such implementation, no later than July 1, 1997?
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'."
B. The Department of Revenue shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. The department shall also prepare a fiscal impact statement on the elimination of the ad valorem property taxes as proposed in the referendum.
C. Upon the certification of the State Election Commission to the Code Commissioner of a majority "yes" vote in the referendum provided for above and no later than July 1, 1997, the General Assembly shall enact necessary and appropriate legislation to implement the property tax exemption provided for above and address the budgetary effects of such implementation, using any lawful method.
D. This SECTION takes effect upon approval by the Governor./
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
At 12:57 P.M., on motion of Senator DRUMMOND, with unanimous consent, Senator PASSAILAIGUE retaining the floor, the Senate receded from business not to exceed ten minutes.
At 1:10 P.M., the Senate resumed.
At 1:10 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
With Senator PASSAILAIGUE retaining the floor, Senator McCONNELL asked unanimous consent to make a motion that the Bill be removed from the status of Adjourned Debate and be placed on the Third Reading Calendar.
Senator BRYAN objected.
Senator BRYAN withdrew his objection.
Senator RICHTER objected.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved to recommit the Bill to the Committee on Finance.
A roll call vote was ordered.
Senator RICHTER made a Parliamentary Inquiry as to whether the motion to recommit was a debatable motion.
The PRESIDENT stated that the motion was debatable.
Senator RICHTER asked to be recognized on the motion.
The PRESIDENT stated that a roll call vote had been ordered.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Drummond Ford Giese Gregory Hayes Holland Land Lander Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Saleeby Short Smith, J.V. Washington
Bryan Cork Hutto Jackson Leventis Richter Russell Ryberg Setzler Smith, G. Waldrep Wilson
The Bill was recommitted to the Committee on Finance.
I wish for the Journal to reflect that Senator ROSE could not be present during the consideration of this Bill or participate in the roll call vote on the motion to adjourn debate inasmuch as he was involved in a very important meeting on his legislation involving drug impaired pregnant mothers.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator RANKIN, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LAND spoke on the Bill.
Senator LAND moved to adjourn debate on the Bill.
Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion to adjourn debate was debatable.
The PRESIDENT stated that the motion to adjourn debate was not debatable.
Senator RICHTER made a Parliamentary Inquiry as to whether or not Senator LAND retained the floor.
The PRESIDENT stated that Senator LAND did not retain the floor.
Debate was adjourned on the Bill.
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 third reading of the Bill.
On motion of Senator MARTIN, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of January 31, 1996.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 3 (GFK\22421JM.96) proposed by Senator GIESE and previously printed in the Journal of March 28, 1996.
On motion of Senator ALEXANDER, the Bill was carried over.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
On motion of Senator COURTNEY, the Joint Resolution was carried over.
H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MOORE, the Bill was carried over.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator LAND, the Bill was carried over.
H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator COURTNEY, the Bill was carried over.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
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.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS spoke on the Bill.
With Senator LEVENTIS retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 3:00 P.M.
On motion of Senator DRUMMOND, debate was interrupted by recess, with Senator LEVENTIS retaining the floor.
At 1:42 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:05 P.M. and was called to order by the PRESIDENT.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Fair Ford Giese Hayes Holland Hutto Land Lander Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Russell Ryberg Saleeby Short Smith, G. Smith, J.V. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
At 3:15 P.M., Senator MARTIN assumed the Chair.
At 3:20 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.
At 3:25 P.M., the Senate resumed.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
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.
Senator LEVENTIS spoke on the Bill.
With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion that consideration of the Bill be interrupted, not to be taken up prior to Tuesday, May 14, 1996, at 12:00 Noon, and that the Bill be placed in the status of Interrupted Debate.
On motion of Senators SETZLER and LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Homer B. Twitty of Cayce, S.C.
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William S. Brockington of Greenwood, S.C., '41 graduate of MUSC, who completed his internship and residency at Roper Hospital. He served as Battalion Surgeon for the 35th Infantry Division of General Patton's 3rd Army during WWII, and was the personal physician to General George Patton. He also was awarded the Bronze Star with Oak Leaf Cluster, the Purple Heart, the Combat Medic Badge, and the European Theater of Operations Medal with five campaign stars. He served on the USC Board of Trustees and had been a surgeon at the Self Memorial Hospital since 1949.
At 3:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.