Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear "The Living Bible" rendering of Psalm 29 (v.10):
"At the flood, the Lord showed
His control of all creation.
Now He continues to unveil His Power.
He will give His people strength."
Let us pray.
Dear Lord, day by day, give us hearts to love You, minds to know You, and voices to speak Your truths.
We pray that You will be the unseen, but ever welcomed counselor... at every committee meeting and on this blessed floor.
Fulfill now, O Lord, the ancient promise, "Be still and know that I am God." And so make us equal to today's tasks!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
TO: MEMBERS OF THE SENATE OF SOUTH CAROLINA
FROM: THE SENATE COMMITTEE ON ETHICS
DATE: APRIL 3, 1997
RE: OPINION 1997-1
The Committee on Ethics has received the following request that we feel should be answered through this Opinion:
Can a Member who previously ran for the Senate in an unsuccessful campaign prior to the passage of the Ethics Act be repaid moneys lent by him to that campaign that exceed the $10,000 cap. Further, if the Member can be repaid, can the repayment be accomplished with moneys in his current campaign account?
In answering this question, the Committee would like to direct the attention of the Members to the following Sections of The Ethics, Government Accountability and Campaign Reform Act of 1991 with Amendments Effective January 12, 1995.
Section 8-13-1314(A)(1)(b), "Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept: (1) a contribution which exceeds: (b) one thousand dollars in the case of a candidate for any other office;"[any other office are those other than statewide, in this case Senate campaigns]
Section 8-13-1328(B), "A candidate for an elective office other than those specified in subsection(A) or a family member of a candidate for an elective office other than those specified in subsection(A) must not be repaid, for a loan made to the candidate, more than ten thousand dollars in the aggregate after the election." [emphasis added]
Section 8-13-1318, "If a candidate has a debt from a campaign for an elective office, the candidate may accept contributions to retire the debt, even if the candidate accepts contributions for another elective office or the same elective office during a subsequent election cycle, as long as those contributions accepted to retire the debt are: (1) within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred; and (2) reported as provided in this article.
Article 15, Section 8, "This act takes effect January 1, 1992...Except as otherwise provided, this act governs only transactions which take place after December 31, 1991."
In researching this question, a pertinent Opinion issued by the State Ethics Commission was located. SEC Opinion A092-203 issued on May 27, 1992, speaks to a very similar situation. In its Opinion, the Commission allowed a former candidate for the office of Lieutenant Governor in 1990 to raise funds for debt retirement. The summary of this Opinion states:
"A former candidate who is retiring a debt from a 1990 election campaign is not restricted in the amount of contributions which may be accepted, in accordance with Section 8-12-1318."[emphasis added]{a copy of SEC A092-203 is attached to this opinion}
The situation we are addressing is slightly more complicated due to the fact that the debts being addressed result from a 1987 campaign and are owed to a sitting Member of the Senate. However, we must concur with the Opinion of the State Ethics Commission, outlined above, as a basis for this Opinion.
The quoted Sections of The Ethics, Government Accountability and Campaign Reform Act of 1991 with Amendments Effective January 12, 1995, allow candidates who incurred debts prior to January 1, 1992, to continue to operate under the previous Ethics Laws until such time as the debts are paid in full. This Opinion only applies to those Members/candidates who continue to owe money to themselves or a financial institution for campaigns conducted and debts incurred prior to January 1, 1992.
The Member can repay personal loans made prior to January 1, 1992, that exceed the $10,000 current cap since there was no cap in effect prior to the passage of our current Ethics Act. The Member, however, cannot use funds from his current campaign account to reimburse himself for loans made prior to January 1, 1992.
Members and candidates who feel that they can exercise this option and collect contributions for debts incurred prior to January 1, 1992, should be cautious and remember that in rendering this Opinion the Committee on Ethics assumes that the contributions collected are solely for the purpose of retiring the debt spoken to above and that no part of the contributions will be used by the Member for future Senate campaigns.
Those who are paying off a previous campaign debt must submit to this Committee quarterly Campaign Disclosure Forms separate from those submitted for their current campaign accounts. These forms will be made a part of the Members' ethics files and, of course, will be open for public inspection.
SEC A092-203 May 27, 1992
SUBJECT: CONTRIBUTION LIMITS FOR 1990 ELECTION DEBT
SUMMARY:
A former candidate who is retiring a debt from a 1990 election campaign is not restricted in the amount of contributions which may be accepted, in accordance with Section 8-13-1318.
QUESTION:
A candidate for Lieutenant Governor in 1990 is attempting to retire his election campaign debt for that race. He questions whether he is limited to the $3,500 contribution limitation.
DISCUSSION:
This opinion is rendered in response to a letter dated April 13, 1992, requesting an opinion from the State Ethics Commission. The Commission's jurisdiction is limited to the applicability of the Ethics, Government Accountability, and Campaign Reform Act of 1991 (Act No. 248 of 1991; Section 8-13-100 et seq., as amended, 1976 Code of Laws). This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation.
Section 8-13-1314(A) provides:
Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:
(1) a contribution which exceeds:
(a) three thousand five hundred dollars in the case of a candidate for statewide office...
Thus, after January 1, 1992, a candidate is prohibited from accepting a campaign contribution exceeding $3,500 during an election cycle as defined in Section 8-13-1300(10). However, Section 8-13-1318 provides:
If a candidate has a debt from a campaign for an elective office, the candidate may accept contributions to retire the debt, even if the candidate accepts contributions for another elective office or the same elective office during a subsequent election cycle, as long as those contributions accepted to retire the debt are:
(1) within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred; and
(2) reported as provided in this article.
Section 8-13-1318 provides for retirement of debts in accordance with contribution limits applicable to the election for which the debt was incurred. There were no such contribution limits in effect for the 1990 Lieutenant Governor's election campaign; therefore, the Commission advises that there are no limitations prescribed for contributions to retire debts for election campaigns which occurred prior to January 1, 1992.
On motion of Senator LEATHERMAN, with unanimous consent, ordered printed in the Journal.
The following was received and referred to the appropriate committee for consideration:
Document No. 2057
Promulgated by Department of Natural Resources - Soil Classifiers
Handling of Complaints
Received by Lt. Governor April 3, 1997
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date August 1, 1997 (Subject to Sine Die Revision)
The following were received:
Document No. 2110
Promulgated by Department of Labor, Licensing and Regulation - Board of Cosmetology
Qualifications and Provisions for Licensure
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date revised June 11, 1997
Withdrawn and resubmitted April 8, 1997
Document No. 2176
Promulgated by Department of Labor, Licensing and Regulation - Manufactured Housing Board
Manufactured Homes; Practices in the Industry
Received by Lt. Governor March 12, 1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date revised July 11, 1997 (Subject to Sine Die Revision)
Withdrawn and resubmitted April 3, 1997
Senator RAVENEL introduced Dr. Louis Costa of Charleston, S.C., Doctor of the Day.
Senator HOLLAND rose for an Expression of Personal Interest.
There are a number of Federal Court and U.S. Supreme Court holdings which govern the use of public facilities; the O&M Committee has faced these issues a number of times in the management of Senate facilities. The fundamental rule, simply put, is that if a facility is made available to anyone for use, it must be made available to everyone for the same type of use under similar circumstances.
Within that framework, however, I am deeply troubled that our university's coliseum is about to be the location for a performance by a group that appears, by its own words, to be satanic and anti-Christian. We, as public servants, have a duty to stand up and be counted against this type of situation. While we may be powerless to statutorily prevent this abhorrent behavior, we have the power that our offices give our voices, both individually and collectively, to publicly denounce this performance.
In my view, it does not fall within the realm of entertainment and it should not be viewed as the exercise of religious expression.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
The following were introduced:
S. 620 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO STATE OR LOCAL CHAMBERS OF COMMERCE.
Read the first time and referred to the Committee on Judiciary.
S. 621 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Transportation.
S. 622 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-1997.
Read the first time and referred to the Committee on Finance.
S. 623 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 11-15-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT LOCAL GOVERNMENT MAY ISSUE GENERAL OBLIGATION BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDING INDEBTEDNESS, SO AS TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF REFUNDING OTHER TYPES OF OBLIGATIONS.
Read the first time and referred to the Committee on Finance.
S. 624 (Word version) -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: A BILL TO AMEND SECTIONS 6-25-100, AS AMENDED, 6-25-110, AND 6-25-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF JOINT MUNICIPAL WATER SYSTEMS AND THE AUTHORITY OF SUCH SYSTEMS TO INCUR DEBT, SO AS TO DELETE THE REQUIREMENT FOR UNANIMOUS APPROVAL BY THE GOVERNING BODY OF EACH MEMBER OF THE SYSTEM TO INCUR DEBT AND INSTEAD REQUIRE APPROVAL BY AT LEAST TWO-THIRDS OF THE GOVERNING BODIES OF THE MEMBERS OF THE SYSTEM.
Senator SETZLER spoke on the Bill.
Read the first time, and on motion of Senator SETZLER, with unanimous consent, ordered placed on the Calendar without reference.
S. 625 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE OCONEE COUNTY LEGISLATIVE DELEGATION AND THE OCONEE COUNTY VETERANS AFFAIRS OFFICER, DEDICATE A PORTION OF UNITED STATES HIGHWAY 123 IN OCONEE COUNTY TO SOUTH CAROLINA'S VETERANS.
Introduced and referred to the Committee on Transportation.
S. 626 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING THE CITY OF CLEMSON, ITS MAYOR LARRY ABERNATHY, AND THE CLEMSON CITY COUNCIL ON THE OCCASION OF THE CITY'S 50TH ANNIVERSARY, AND COMMENDING THE CITY FOR ITS PROUD LOCAL HISTORY AND CONTINUING STATEWIDE CONTRIBUTIONS.
The Senate Resolution was adopted.
H. 3177 (Word version) -- Rep. Seithel: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3275 (Word version) -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3300 (Word version) -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Read the first time and referred to the Committee on Transportation.
H. 3444 (Word version) -- Reps. Keegan, Bailey, Kelley and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Read the first time and referred to the Committee on Transportation.
H. 3694 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Read the first time and referred to the Committee on Finance.
H. 3695 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3772 (Word version) -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
Read the first time and on motion of Senator HAYES, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator HAYES, with unanimous consent, H. 3772 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3817 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION HONORING AND COMMENDING MICHELIN NORTH AMERICA FOR ITS MERITORIOUS AND EXEMPLARY SERVICE TO THE PALMETTO STATE IN SETTING A STANDARD OF EXCELLENCE THROUGH THE COMPANY'S UNSOLICITED SERVICE TO THE STATE'S EDUCATIONAL SYSTEM AND ITS STUDENTS THROUGH A DRIVER'S TRAINING PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, 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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 609 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 610 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 611 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 612 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD357.002), which was adopted:
Amend the bill, as and if amended, page 2, line 12, in Section 7-11-15(A), as contained in SECTION 1, by striking line 12 in its entirety and inserting therein /Executive Committee of their respective party./
Amend the bill further, as and if amended, page 2, beginning on line 36, in Section 7-11-15(B), as contained in SECTION 1, by striking lines 36 through 40 in their entirety and inserting therein the following:
/State Executive Committee of any political party with whom statements of intention of candidacy are filed must file transmit, in turn, all the statements of intention of candidacy along with the applicable filing fees with to the State Election Commission by noon on the tenth/
Amend the bill further, as and if amended, page 3, line 18, in Section 7-11-15(C), as contained in SECTION 1, by striking line 18 and inserting:
/State Election Commission, as the case may be./
Amend the bill further, as and if amended, page 3, beginning on line 40, in Section 7-11-210, as contained in SECTION 2, by striking lines 40 and 41 and inserting therein:
/shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on/
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator MOORE proposed the following amendment (JUD357.003), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 7-13-351 of the 1976 Code is amended to read:
"Section 7-13-351. (A) Any nominee by petition for one or more of the offices, national, state, circuit, multi-county district, countywide, or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August first or, if August first falls on a Saturday, Sunday, or legal holiday, not later than twelve o'clock noon on the following Monday next day which is not a Saturday, Sunday, or legal holiday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall must reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county shall check the petition at the request of the authority charged with printing the ballot for that office and shall must certify the results to the authority not later than twelve o'clock noon September first or, if September first falls on a Saturday, Sunday, or legal holiday, not later than twelve o'clock noon on the following Monday next day which is not a Saturday, Sunday, or legal holiday.
(B) The petition of any candidate in any special or municipal election must be submitted to the authority charged with printing the ballot for those offices not later than noon, on the forty-fifth day prior to the date of the holding of the election, or if the forty-fifth day falls on a Saturday, Sunday, or legal holiday, by not later than twelve o'clock noon on the following Monday day which is not a Saturday, Sunday, or legal holiday. The petition must be accompanied by a filing fee of one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the thirtieth day prior to the date of holding the election, or if the thirtieth day falls on Sunday, by twelve o'clock noon on the following Monday.
(C) Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which it was submitted.
(D) In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office."
SECTION ___. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. (A) If a party nominates candidates by conventions, the state convention shall nominate the party's candidate for Governor, Lieutenant Governor, and all other statewide officers and United States Senators, members of Congress, and circuit solicitors, and the county conventions shall nominate the party's candidates for all county offices. No convention shall make nominations for candidates for offices unless the decision to use the convention method is reached by a three-fourths vote of the total membership of the convention, except the office of State Senator and of member of the House of Representatives. The nomination of the party's candidates for the office of the State Senator and of member of the House of Representatives must be made in the manner determined by the state committee. If a party determines that nomination for the office of State Senator and of member of the House of Representatives must be by convention, these nominations must be made by the state convention. No convention shall make nominations for one or more offices at the convention and order primaries for other offices to be filled during the same election year. Conventions for political parties not nominating candidates in primaries may be called by state and county committees on other dates than those given in this title for conventions after three weeks' published notices of the calls. Any political party nominating candidates by party convention shall nominate the party candidates and make the nominations public not later than the time for certifying candidates to the authority charged by law with preparing ballots for the general or special election.
(B) The filing fee for a candidate nominated by convention is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater. Filing fees must be paid to the authority charged by law with preparing ballots for the general or special election."/
Renumber sections to conform.
Amend title to conform.
Senator MOORE 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 Bill having been read the second time was ordered placed on the third reading Calendar:
S. 203 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR CERTAIN MINIMUM AUTOMOBILE INSURANCE COVERAGES, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.
Senator GIESE explained the Bill.
S. 597 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
Senator HAYES asked unanimous consent to commit the Bill to the York County Delegation.
There was no objection.
The following Bills were carried over:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
On motion of Senator THOMAS, the Bill was carried over.
S. 510 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
On motion of Senator J. VERNE SMITH, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 409 (Word version) -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 329 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
S. 124 (Word version) -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McCONNELL spoke on the Bill.
Senators McCONNELL and GIESE proposed the following Amendment No. 1 (PT\1048AC.97), 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 38-71-215. (A) If a primary care physician makes a referral to a dermatologist, the enrollee in a managed care plan may see the in-network dermatologist to whom the enrollee is referred, without further referral, for a minimum of six months or four visits, whichever first occurs, for diagnosis, medical treatment, or surgical procedures for the referral problem or related complications.
(B) Written communication from the dermatologist must be sent to the primary care physician after each visit.
(C) An enrollee with a documented past history of malignant melanoma may be referred by his or her primary care physician to an in-network dermatologist for an annual evaluation and, as necessary, biopsy or surgery or both.
(D) All services provided pursuant to this section are subject to contractual provisions regarding medical necessity and benefit coverage.
(E) Nothing in this section may be construed to extend benefits to an enrollee past the contract period."
SECTION 2. This act takes effect January 1, 1998./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 195 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
S. 174 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 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 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.
Senator HAYES 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 adoption of Amendment No. 3 (JUD0174.007) proposed by Senator HUTTO and previously printed in the Journal of Wednesday, April 2, 1997.
On motion of Senator HUTTO, the amendment was carried over.
Senator GIESE asked unanimous consent to make a motion that the Bill be given a second reading, carrying over all amendments to third reading.
Senator SALEEBY objected.
Senator HUTTO proposed the following Amendment No. 4 (JUD0174.008), which was adopted:
Amend the committee report, as and if amended, page [174-2], beginning on line 15, in Section 56-1-286(D), as contained in SECTION 1, by inserting after the word /concentration/ the following:
/and informed of his right to request a second breath test. If the person takes a breath test and requests a second breath test, the second breath test shall be administered not less than two minutes nor more than ten minutes after the first test is taken. If two breath tests are taken, only the lower reported test result must be used./
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator GLOVER proposed the following Amendment No. 5 (174R001.MWG), which was carried over:
Amend the committee report, as and if amended, page [174-5], by striking lines 12 and 13, and inserting the following:
/the Administrative Procedures Act. A person has a right to a trial de novo before the court without a jury by filing a petition within ten days after receipt of the order of suspension; the filing of a petition shall stay the suspension./
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HAYES argued contra to the adoption of the amendment and Senator GLOVER argued in favor.
Senator GIESE asked unanimous consent to make a motion to adjourn debate on the Bill.
Senator SALEEBY objected.
Senator HUTTO moved that the amendment be carried over.
The amendment was carried over.
Consideration was interrupted by adjournment.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Priscilla L. Eberle of Goose Creek, S.C.
At 1:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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