Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3520 . . . . . Thursday, May 30, 1996
Section 24-27-300. The court may hold an prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.

Article 4

Inapplicability Where Access to Courts

Constitutionally Required

Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts."

SECTION 2. If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, 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 section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 3. This act takes effect upon approval by the Governor./.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF

Printed Page 3521 . . . . . Thursday, May 30, 1996
OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

Senator MOORE explained the Bill.

H. 3314--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, H. 3314 was ordered to receive a third reading on the next legislative day.

SECOND READING BILL

S. 1435 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

S.1435 -- Ordered to a Third Reading

On motion of Senator REESE, with unanimous consent, S1435 was ordered to receive a third reading on Friday, May 31, 1996.

AMENDED, READ THE SECOND TIME

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST

Printed Page 3522 . . . . . Thursday, May 30, 1996
APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

Senator RANKIN asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Amendment No. 1

Senator RANKIN proposed the following Amendment No. 1 (4689R006.LAR), which was adopted:

Amend the bill, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 1 of Act 287 of 1989 is amended to read:

Section 1. (A) The Horry County Board of Education must be composed of those members selected in the manner provided by this act. For the purposes of this act, the single-member election districts from which members of the Horry County Council are elected also constitute the election districts from which members of the board must be elected and these county Board of Education single-member election districts must have the same numerical designations as the county council election districts. In the 1990 general election, one member must be elected to the board from districts 1, 2, 3, 6, 7, and 10 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies, and one member must be elected to the board from districts 8, 9, and 11 by the qualified electors of each respective district for terms of two years and until each successor is elected and qualifies. The present members of the board who are residents of districts 4 and 5 and the present member of the board who is a resident of district 8 whose current term expires in 1992 shall also continue to serve as members of the board until the expiration of their current terms in 1992.

(B) In the 1992 general election, in addition to the successors to the members elected to the board in the 1990 election from districts 8, 9, and 11, one member must also be elected to the board from districts 4 and 5 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies.

The successors to the members elected from single-member districts in 1990 and 1992 must be elected in the same manner at the general election every two or four years thereafter for terms of four years. Beginning with

Printed Page 3523 . . . . . Thursday, May 30, 1996
the 1998 general election, successors must be elected in a nonpartisan election to be held at the time of the general election.

(C) Beginning with candidates filing for the 1998 general election, all candidates for the board shall file a statement of candidacy with the county election commission not later than twelve o'clock noon on September first or, if September first falls on Sunday, not later than twelve o'clock noon on the following Monday.

(C) (D) A member of the board elected from a defined single-member district must be a resident of that election district and must be elected by the qualified electors of that district. Vacancies must be filled by appointment of the board until the next scheduled election at which time the vacancy must be filled for the remainder of the unexpired term or for a new full term as the case may be.

(D) (E) The board shall elect a chairman and those other officers it considers necessary from among its membership for terms as officers as set by the board. /

Amend the bill further, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION . All acts or parts of acts inconsistent herewith are repealed./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators GREG SMITH, RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Amendment No. 2

Senator RANKIN proposed the following Amendment No. 2 (4689R007.LAR), which was adopted:

Amend the bill, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 1 of Act 287 of 1989 is amended to read:

Section 1. (A) The Horry County Board of Education must be composed of those members selected in the manner provided by this act. Beginning after the 1998 general election, the board shall consist of twelve members, to include a chairman to be elected from the county at-large in a non-partisan election beginning with the 1998 general election, and eleven members elected from single member districts.

Printed Page 3524 . . . . . Thursday, May 30, 1996
(B) Beginning with the 1998 general election the chairman must be elected from the county at-large in a non-partisan election to be held at the time of the general election for a term of office of four years and until his successor is elected and qualifies. Until the 1998 general election, the chairman shall continue to be elected by the members of the board from among the board membership.

(C)(1) For the purposes of this act, the single-member election districts from which members of the Horry County Council are elected also constitute the election districts from which members of the board must be elected and these county Board of Education single-member election districts must have the same numerical designations as the county council election districts.

(2) In the 1990 general election, one member must be elected to the board from districts 1, 2, 3, 6, 7, and 10 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies, and one member must be elected to the board from districts 8, 9, and 11 by the qualified electors of each respective district for terms of two years and until each successor is elected and qualifies. The present members of the board who are residents of districts 4 and 5 and the present member of the board who is a resident of district 8 whose current term expires in 1992 shall also continue to serve as members of the board until the expiration of their current terms in 1992.

(B) (3) In the 1992 general election, in addition to the successors to the members elected to the board in the 1990 election from districts 8, 9, and 11, one member must also be elected to the board from districts 4 and 5 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies.

(4) The successors to the members elected from single-member districts in 1990 and 1992 must be elected in the same manner at the general election every two or four years thereafter for terms of four years. (C) (D) A member of the board elected from a defined single-member district must be a resident of that election district and must be elected by the qualified electors of that district. Vacancies must be filled by appointment of the board until the next scheduled election at which time the vacancy must be filled for the remainder of the unexpired term or for a new full term as the case may be.

(D) (E) The board shall elect a chairman and those other officers it considers necessary from among its membership for terms as officers as set by the board. /

Amend the bill further, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

Printed Page 3525 . . . . . Thursday, May 30, 1996
/SECTION . All acts or parts of acts inconsistent herewith are repealed./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senator GREG SMITH desired to be recorded as voting against the adoption of the amendment.

Amendment No. 3

Senator RANKIN proposed the following Amendment No. 3 (4689R012.LAR), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 of Act 239 of 1983 as contained in SECTION 1 of the bill and inserting:

/Section 1. The advisory boards of trustees, superintendents, or principals of the several schools of Horry County shall prepare a budget for the next succeeding school year and submit it to the county board of education on or before March April first of each year. The county board of education shall prepare a budget based on the budgets submitted by the trustees, superintendents, or principals and shall determine the necessary millage for the operation of schools for the next succeeding school year. This budget shall be submitted to the senator and House members of Horry County on or before June first of each year. The senator and the House members county board of education shall instruct the county auditor to levy the millage which in their its discretion is necessary for school purposes on or before August first, provided that, for the year 1996, the county board may increase the millage levied for school operating purposes by not more than two and one-half mills over that levied for the previous year after the previous year's levy has been adjusted in the current year for the EFA inflation factor and sufficiently to meet the requirements of Section 59-21-1030 of the 1976 Code, if applicable.
A referendum shall be held in Horry County at the same time as the 1996 general election on the question of whether or not the qualified electors of the Horry County school district desire to give to the governing body of Horry County or to the Horry County legislative delegation the

Printed Page 3526 . . . . . Thursday, May 30, 1996
authority to increase the millage levy for school operating purposes between two and one-half mills and five mills for any year beginning in 1997. The referendum must be conducted by the county commissioners of election. The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum as provided by law. The cost of the referendum shall be paid by the school district.

The question put before the qualified electors of the district at the 1996 referendum shall read as follows:

"Do you favor granting to the governing body of the county or to the county legislative delegation the right to increase school millage in any year beginning in 1997 between two and one-half mills and five mills?"

County Governing Body []

County Legislative Delegation []

Those voting in favor of the county governing body shall deposit a ballot with a check or cross mark in the square after the words "county governing body", and those voting in favor of the county legislative delegation shall deposit a ballot with a check or cross mark in the square after the words "county legislative delegation". The entity selected by the qualified electors at this referendum beginning in 1997 shall have the authority to impose such millage increases.

Based on the results of the referendum provided for above, beginning with the year 1997 the following procedure applies with regard to millage levied for school operating purposes. Beginning in year 1997, the county board in any year may increase the millage levy for school operating purposes by not more than two and one-half mills above that levied for the previous year, after the previous year's levy has been adjusted in the current year for the EFA inflation factor and sufficiently to meet the requirements of Section 59-21-1030 of the 1976 Code, if applicable. Any increase above two and one-half mills, but not exceeding five mills, must first be approved by either the governing body of the county or the county legislative delegation as determined by the results of the referendum provided for above. Any increase above five mills must first be approved by the qualified electors of the district in a referendum called for this purpose by the county board.

The above millage limitations do not apply to millage levied for school bonded indebtedness purposes./

Printed Page 3527 . . . . . Thursday, May 30, 1996
Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senator GREG SMITH desired to be recorded as voting against the adoption of the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4689--Ordered to a Third Reading

On motion of Senator RANKIN, with unanimous consent, H. 4689 was ordered to receive a third reading on Friday, May 31, 1996.

OBJECTION

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Senator MATTHEWS asked unanimous consent to make a motion to take the Bill up for immediate consideration.

Senator FAIR objected.

Printed Page 3528 . . . . . Thursday, May 30, 1996
RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 7:55 P.M. and the following Acts and Joint Resolutions were ratified:

(R439) S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.

(R440) S. 507 -- Senator Wilson: AN ACT TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.

(R441) S. 583 -- Senator Russell: AN ACT TO AMEND SECTIONS 7-5-120 AND 7-5-180, BOTH 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, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON

Printed Page 3529 . . . . . Thursday, May 30, 1996
RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.

(R442) S. 846 -- Senator Giese: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPICS LICENSE PLATES.

(R443) S. 876 -- Senator Bryan: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND THEIR ANNUAL OPERATING BUDGETS AND TAX LEVIES, SO AS TO ALLOW BOTH DISTRICTS TO LEVY A PERMANENT SIX MILLS FOR ALTERNATIVE SCHOOLS AND OTHER CLASSROOM ENHANCEMENTS.

(R444) S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: AN ACT TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

(R445) S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: AN ACT TO AMEND SECTION 1-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF A `REGULATION'; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLISHING NOTICE OF PROPOSED REGULATIONS AND CONTENT OF SUCH NOTICES, SO AS TO REQUIRE PUBLISHING THE TEXT OF THE REGULATION AND A JUSTIFICATION FOR REGULATIONS NOT REQUIRED FOR COMPLIANCE WITH FEDERAL LAWS AND TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION; TO AMEND SECTION 1-23-111, RELATING TO THE PROCESS FOR AGENCY PROMULGATION OF REGULATIONS, SO AS TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND

Printed Page 3530 . . . . . Thursday, May 30, 1996
REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AN AGENCY MAY ELECT WHEN THE OFFICIAL PRESIDING AT THE PUBLIC HEARING FINDS THAT THE NEED FOR OR REASONABLENESS OF THE REGULATION HAS NOT BEEN ESTABLISHED; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS, SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED, TO PROVIDE THAT THE ONE-HUNDRED-TWENTY-DAY REVIEW PERIOD IS TOLLED WHEN A REPORT IS REQUESTED AFTER THE REGULATION HAS BEEN SUBMITTED FOR GENERAL ASSEMBLY REVIEW AND TO CLARIFY WHAT FACTORS MUST BE ANALYZED IN DETERMINING THE NEED AND REASONABLENESS OF A REGULATION; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW AND TO REQUIRE EACH AGENCY TO REVIEW ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO FURTHER CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW.

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