Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear King David sing in Psalm 37 (vv.5-6):
"Trust in the Lord, and do good;
so you will live in the land and
enjoy security."
Let us pray.
Eternal God, we are so prone to think that we are the masters of our fate and the captains of our souls; but the Good Book reminds us that it isn't so at all.
The ultimate... basic... and fundamental decisions are not ours... but Yours!
May we realize each day that the finest in modern thinking, in a secular world of situational ethics, is but a pale reflection of the ancient words,
"Thou shalt love the Lord thy God
With all thy heart, mind, and soul...
And thy neighbor as thyself."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SETZLER moved to accede to the request of the Governor to return the appointment of Mr. E. Bart Daniel and to instruct the Clerk to transmit the same to the Governor.
The following were received and referred to the appropriate committees for consideration:
Document No. 2180
Promulgated by Department of Public Safety
Division of Motor Vehicles, Driver Training Schools
Received by Lt. Governor April 11, 1997
Referred to Senate Committee on Education
120 day review expiration date August 9, 1997 (Subject to Sine Die Revision)
Document No. 2181
Promulgated by Department of Public Safety
Article 1. Criminal Justice Academy, E-911 Operations
Received by Lt. Governor April 11, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date August 9, 1997 (Subject to Sine Die Revision)
Document No. 2182
Promulgated by Department of Public Safety
Article 3. Division of Motor Vehicles. Administration and Enforcement of the Financial Responsibility Act and Laws Regarding Motor Vehicle Registration and Financial Security
Received by Lt. Governor April 10, 1997
Referred to Senate Committee on Transportation
120 day review expiration date August 8, 1997 (Subject to Sine Die Revision)
Document No. 2183
Promulgated by Department of Public Safety
Division of Motor Vehicles - Special License Plates; Protective Helmets, Face Shields and Windscreens; and Required Stops at Railroad Crossings
Received by Lt. Governor April 11, 1997
Referred to Senate Committee on Transportation
120 day review expiration date August 9, 1997 (Subject to Sine Die Revision)
Document No. 2184
Promulgated by Department of Public Safety
Article 7. Highway Patrol - Wrecker services
Received by Lt. Governor April 10, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date August 8, 1997 (Subject to Sine Die Revision)
Document No. 2185
Promulgated by Department of Public Safety
Article 5. State Transport Police
Received by Lt. Governor April 10, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date August 8, 1997 (Subject to Sine Die Revision)
Document No. 2186
Promulgated by Department of Public Safety
Article 1. Criminal Justice Academy - Law Enforcement Training
Received by Lt. Governor April 10, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date August 8, 1997 (Subject to Sine Die Revision)
At 11:37 A.M., Senator PEELER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.
There was no objection and a message was sent to the House accordingly.
Senator DRUMMOND asked unanimous consent to make a motion that if the Senate completes its business prior to the appointed hour for ratification, that the Senate stand in recess until 12:00 P.M., at which time the Lieutenant Governor was granted authorization to ratify Acts; and upon completion of the ratification of Acts, the Senate would stand adjourned.
The motion was adopted.
S. 594 (Word version) -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE A POLICE MOUNTAIN BIKE USED AS A PART OF A POLICE MOUNTAIN BIKE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BIKE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BIKE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT POLICE MOUNTAIN BIKES FROM THIS PROHIBITION.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator RYBERG, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 671 (Word version) -- Senator Hutto: A BILL TO AMEND ARTICLE 9, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENTS AND REPORTS, BY ADDING SECTION 56-5-1345, TO PROVIDE THAT WITHIN THIRTY DAYS OF THE DATE OF THE ACCIDENT OR WITHIN TWENTY DAYS OF THE DISPOSITION OF THE CRIMINAL PROCEEDING, THE OWNER OR OPERATOR OF A VEHICLE IN AN ACCIDENT MAY FILE A RULE TO SHOW CAUSE WHY AN ACCIDENT REPORT SHOULD NOT BE AMENDED TO CORRECT INFORMATION ABOUT THE CAUSE OF THE ACCIDENT.
Senator HUTTO spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 672 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2729 SO AS TO IMPOSE REQUIREMENTS FOR THE ISSUE OF THE PREMISES' LICENSES REQUIRED PURSUANT TO THIS ACT AND PROVIDE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 12-21-2728, AS AMENDED, RELATING TO OPERATOR'S LICENSES FOR COIN-OPERATED DEVICES, SO AS TO REQUIRE AN OWNER/OPERATOR'S LICENSE ANNUALLY FOR ANY BUSINESS IN WHICH ARE LOCATED VIDEO GAMES WITH A FREE PLAY FEATURE FOR BUSINESSES IN ANY COUNTY IN WHICH AT LEAST NINE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES HAVE BEEN COLLECTED IN ANY FISCAL YEAR AND PROVIDE CIVIL PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Read the first time and referred to the Committee on Finance.
S. 673 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT SUCH LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SUN CITY THIS EXIT" AND THAT THESE SIGNS SHALL BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR THE INTERSECTION WITH HIGHWAY 278 IN JASPER COUNTY, AND IN CERTAIN LOCATIONS ON STATE ROADS 170 AND 278 IN BEAUFORT COUNTY.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3291 (Word version) -- Reps. Kelley, Witherspoon, Simrill, Young-Brickell, Edge, Keegan, Riser, Davenport, Lanford, Knotts, Robinson, Sandifer, McCraw, Law, Askins, Rice, Miller, Wilkins, Limbaugh and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-386 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE OR DISPLAY INDECENT MATERIAL TO MINORS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-345 AND 16-15-355, RELATING TO THE ILLEGAL DISTRIBUTION OF OBSCENE MATERIAL TO MINORS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS REGARDING SEXUAL EXPLOITATION OF MINORS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE PROVISIONS CONTAINED IN SECTION 16-15-386 CONCERNING DISPLAYING INDECENT MATERIAL TO MINORS, AND TO PROVIDE A DEFINITION FOR "INDECENT MATERIAL TO MINORS"; TO AMEND SECTION 44-53-391, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE OR DELIVERY OF PARAPHERNALIA, SO AS TO REVISE THE PENALTIES; AND TO PROVIDE A SEVERABILITY CLAUSE.
Read the first time and referred to the Committee on Judiciary.
H. 3403 (Word version) -- Reps. Cato, Wilkins, Young-Brickell, Meacham, Haskins, Davenport, Tripp, Seithel, Limehouse, Law, Delleney, Gamble, Trotter, Harrison, Dantzler, Littlejohn, Quinn, Chellis, Bailey, Mason, Allison, Harrell, Sandifer, Jordan, Inabinett, Stuart, Kelley, Rice, Canty, Neilson, Simrill, Moody-Lawrence, Altman, Easterday, Leach, Stoddard, F. Smith, Barfield and Edge: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3421 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.
Read the first time and referred to the Committee on Judiciary.
H. 3449 (Word version) -- Reps. Haskins, Altman, H. Brown, Knotts, Mason, Lee, R. Smith, Davenport, Sandifer, Cooper, Littlejohn, Phillips, McMahand, F. Smith, Cato, Chellis, Koon, Vaughn, Hamilton, Leach, Rhoad, Campsen, Riser, Koon, Stille, Kinon, Limehouse, Young-Brickell, Battle, Meacham, Whatley, Byrd, Webb, Simrill and Barrett: A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON A PUBLIC PREMISE.
Read the first time and referred to the Committee on Judiciary.
H. 3586 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, AS AMENDED, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.
Read the first time and referred to the Committee on Judiciary.
H. 3907 (Word version) -- Rep. Cooper: A BILL TO PROVIDE THAT THE TERM OF OFFICE OF THE SCHOOL TRUSTEE OF ANDERSON COUNTY SCHOOL DISTRICT NUMBER ONE ELECTED FROM AREA 2 EXPIRES IN THE YEAR 2000, AT WHICH TIME A SUCCESSOR SHALL BE ELECTED IN THE MANNER PROVIDED BY LAW.
Read the first time and ordered placed on the local and uncontested Calendar.
H. 3943 (Word version) -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: A BILL TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
Read the first time and ordered placed on the local and uncontested Calendar.
On motion of Senator REESE, H. 3943 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3957 (Word version) -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: A BILL TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar.
H. 4043 (Word version) -- Reps. Scott, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Howard, Inabinett, Kennedy, Lee, Lloyd, Mack, McMahand, Moody-Lawrence, Neal, Parks, Pinckney, F. Smith, Whipper, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Hodges, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limbaugh, Limehouse, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMaster, Meacham, Miller, Mullen, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ONE OF THE PALMETTO STATE'S FINEST, EARTHA KITT, A WORLD-RENOWNED VOCALIST AND ENTERTAINER AND TO WELCOME HOME OUR FEATURED GUEST ON THE OCCASION OF HER PERFORMANCE IN THE THEATRICAL PRODUCTION "SOULS - THE CALAH" ON APRIL 18, 1997, IN COLUMBIA AT THE TOWNSHIP AUDITORIUM.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4044 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF PERCY B. HARVIN OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 542 (Word version) -- Senators Fair and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 572 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE GRADUATING CLASS OF SCHOOL YEAR 2000-2001, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, AND TO SPECIFY WHAT UNITS MUST BE EARNED.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 3946 favorable:
H. 3946 (Word version) -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 23, 1997, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, COASTAL CAROLINA UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1997 OR WHOSE OFFICES OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Wilson Matthews Patterson Passailaigue McGill Washington
Russell O'Dell Rose
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
There was no objection.
S. 292 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, 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 Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 653 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 47 (Word version) -- Senators Holland and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
(By prior motion of Senator HOLLAND, with unanimous consent)
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.
S. 57 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.
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 (JUD0057.004), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended by adding:
Section 4-9-1300. (A) The term 'governmental service fee or charge' means a fee or charge imposed by a governing body of a county for services extended to a property owner's real property.
(B) The term 'governmental service' means a county-provided service which is extended to a property owner's real property and for which a governmental service fee or charge is imposed by the governing body of a county including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection, solid waste collection, disposal, or recycling.
Section 4-9-1310. (A) The county governing body must determine on an annual basis the governmental service fees or charges that will, in accordance with this section, constitute liens for that fiscal year.
(B) Before providing governmental services for which the prescribed governmental service fee or charge, pursuant to Section 4-9-1320, is a lien on the property affected, not less than ten days' written notice must be given to each affected property owner notifying the property owner of the nature and amount of the governmental service fee or charge and providing the property owner an opportunity, if requested, to appear and be heard in person or by counsel before the persons designated by the county governing body.
(C) Following the hearing, if it is requested and held, action must be taken by the county, and notice of its decision must be given to the property owner concerned not less than ten days before the effective date of the governmental service fee or charge.
(D) A property owner aggrieved by the action of the county, under the provisions of Chapter 7, Title 18, may appeal to the court of common pleas for the county in which the property affected lies to have the court review the action taken by the county, at which time the court must determine the validity and reasonableness of the governmental service fee or charge made.
(E) The county governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.
(F) Governmental service fees or charges not intended to become liens in the case of nonpayment may be imposed and subsequently increased upon any user in the county without this notice and hearing.
Section 4-9-1320. (A) If the notice or notices prescribed by Section 4-9-1310 have been given and a requested hearing held, all governmental service fees or charges imposed by a county and not paid when due and payable are a lien upon the real property to which the governmental service has been extended as long as the governmental service fees or charges remain unpaid. A property owner must be provided with a notice that a lien has been recorded.
(B) In addition to other rights and remedies as may be available to a county in law or in equity for the collection of the governmental service fees or charges, the lien may be enforced by a county in the same manner and fashion as the lien of property taxes on real property. The lien provided in this article must be recorded and receive priority as prescribed in Section 30-7-10.
(C) The method provided in this article for the enforcement of the collection of past due governmental service fees or charges is not the exclusive method of enforcing these collections and a county may enforce the collection of a governmental service fee or charge in any other lawful manner.
Section 4-9-1330. The governing body of a county may require the county treasurer to (1) include on each tax notice the amount of any governmental service fees or charges, (2) provide for the collection of those governmental service fees or charges in the manner prescribed by law, and (3) provide a property owner with notice when a lien for nonpayment of governmental service fees or charges has been recorded.
Section 4-9-1340. The powers granted in this article are intended to be supplementary to any powers existing on the effective date of this article."
SECTION 2. This act takes effect upon approval by the Governor./
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 651 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES; PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 652 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 53 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT SIBLING VISITATION BE ORDERED WHEN IT IS DETERMINED TO BE IN THE BEST INTEREST OF THE CHILDREN.
Senator HUTTO explained the Bill.
S. 456 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
On motion of Senator WILSON, with unanimous consent, S. 456 was ordered to receive a third reading on Friday, April 18, 1997.
S. 577 (Word version) -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT. H. 3399 (Word version) -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.
On motion of Senator WILSON, with unanimous consent, H. 3399 was ordered to receive a third reading on Friday, April 18, 1997.
H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS. H. 3535 (Word version) -- Reps. Sharpe, T. Brown and Rhoad: A BILL TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
On motion of Senator LEVENTIS, with unanimous consent, H. 3535 was ordered to receive a third reading on Friday, April 18, 1997.
S. 575 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE THE FIVE-YEAR LIMIT ON THE EXEMPTION ALLOWED PROPERTY ACQUIRED BY NONPROFIT ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR DISADVANTAGED PERSONS.
Senator RYBERG explained the Bill.
On motion of Senator RYBERG, with unanimous consent, S. 575 was ordered to receive a third reading on Friday, April 18, 1997.
S. 619 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
Senator MOORE explained the Bill.
On motion of Senator MOORE, with unanimous consent, S. 619 was ordered to receive a third reading on Friday, April 18, 1997.
S. 40 (Word version) -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
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 (JUD0040.002), which was adopted:
Amend the bill, as and if amended, page 1, line 30, in Section 20-7-5655(A)(1), as contained in SECTION 1, by striking /their guardian consent/ and inserting /his guardian consents/.
Amend the bill further, as and if amended, page 1, beginning on line 35, in Section 20-7-5655(A)(4), as contained in SECTION 1, by striking item (4) in its entirety and inserting therein the following:
/(4) disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client./
Amend the bill further, as and if amended, page 1, line 40, in Section 20-7-5655(B)(1), as contained in SECTION 1, by striking /their/ and inserting /his/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 216 (Word version) -- Senator Wilson: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
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 (JUD0216.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) (a) 'Anything of value' or 'thing of value' means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal transportation;
(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) 'Anything of value' or 'thing of value' does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or
(vii) campaign contribution properly received and reported under the provisions of this chapter."
SECTION 2. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) 'Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed; a member or employee of a combined election commission and voter registration board, whether elected or appointed; if he is conducting an election, a member or employee of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager."
SECTION 3. Section 8-13-1300(30) of the 1976 Code is amended to read:
"(30) 'Transfer' means the movement or exchange of funds or anything of value between committees and candidates, between a candidate and an election official, or between a committee and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article."
SECTION 4. Article 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1315. (A) A candidate or committee may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official. An election official may not, directly or indirectly, ask for, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value from a candidate or committee. This section does not prohibit (1) an election official from receiving a salary for employment with a candidate or committee if that employment is not related to an elective office or a campaign for elective office and (2) an election official from accepting food and beverages at an appreciation dinner, reception, or other similar function hosted by a candidate within thirty days after the election in which he was a candidate.
(B) The provisions of subsection (A) apply from the time a candidate files for office or files a petition until the time a candidate files a final campaign report."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber items to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 377 (Word version) -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS. 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 (JUD0377.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-11-510(B) of the 1976 Code is amended to read:
"(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of injury to the property or the property loss is worth five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury or loss of to the property or the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is, or both, as permitted by law and without presentment or indictment by the grand jury."
SECTION 2. Section 16-11-520(B) of the 1976 Code is amended to read:
"(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of injury to the property or damage to the property loss is worth five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of injury to the property or damage to the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of injury to the property or damage to the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is, or both, as permitted by law and without presentment or indictment of the grand jury."
SECTION 3. Section 20-7-7210(B)(2) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:
(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;"
SECTION 4. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 483 (Word version) -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
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 (JUD0483.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-635. (A) A person who commits an assault and battery against an emergency medical service worker or a fireman who is performing his professional duties is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years nor less than two months.
(B) A person sentenced for a first offense under this section shall not have his sentence suspended to less than two months' imprisonment nor shall he be eligible for parole until serving six months of his sentence if sentenced to a term of imprisonment of six months or more.
(C) A person sentenced under this section for a second or subsequent offense shall not have his sentence suspended to less than one year imprisonment nor shall the person be eligible for parole until after service of one year."
SECTION 2. The Code Commissioner is hereby directed to include in the list of Class A misdemeanors as codified in Section 16-1-100(A) the offense of assault and battery upon an emergency medical service worker or a fireman performing duties as defined in Section 16-3-635.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (3169R003.JVS), which was adopted:
Amend the bill, as and if amended, page 20, by deleting lines 24 and 25 and inserting:
/successors are elected or appointed and qualify. A vacancy on the/
Amend the bill further, as and if amended, page 45, by striking lines 16 through 26.
Amend the bill further, as and if amended, page 46, by striking line 20 and inserting the following:
/SECTION 3. Upon approval by the Governor, this act takes effect January 1, 1998./
Amend title to conform.
Senator ALEXANDER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 638 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3316 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
Senator COURTNEY explained the Bill.
On motion of Senator LEVENTIS, 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 and Moore: 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.
The Bill was made a Special Order.
Senators RYBERG and MARTIN desired to be recorded as voting against the motion to make the Bill a Special Order.
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 moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
On motion of Senator DRUMMOND, with unanimous consent, the members of the Senate Finance Committee were granted leave to attend a meeting of the committee on Tuesday, April 22, 1997, and Wednesday, April 23, 1997, while the Senate was in session, and to be counted in any quorum calls, carrying over all matters pertaining to the committee.
At 11:44 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 12:00 Noon.
At 12:00 Noon, the Senate resumed for the purpose of ratifying acts.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:00 Noon and the following Acts and Joint Resolutions were ratified:
(R37) S. 33 (Word version) -- Senators Cork, Rankin, McConnell and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
(R38) S. 41 (Word version) -- Senator Short: AN ACT TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
(R39) S. 76 (Word version) -- Senator Holland: AN ACT RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE. (R40) S. 224 (Word version) -- Senator Holland: AN ACT TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-60 FOR THE PURPOSE OF HEARING APPEALS.
(R41) S. 262 (Word version) -- Senators Peeler and Setzler: AN ACT TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ALLOWS ONLY ONE PLATE TO BE ISSUED TO A SHRINER.
(R42) S. 459 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF THE STATE FIRE MARSHAL, RELATING TO NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 58, DESIGNATED AS REGULATION DOCUMENT NUMBER 2062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R43) S. 585 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. (R44) H. 3160 (Word version) -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
(R45) H. 3229 (Word version) -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 19 AND 20, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R46) H. 3257 (Word version) -- Reps. Kelley and Keegan: AN ACT TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND AND TO REQUIRE THE BOARD TO ELECT A CHAIRMAN AND NECESSARY OFFICERS; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.
(R47) H. 3666 (Word version) -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING, MANAGING, AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998. (R48) H. 3706 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R49) H. 3772 (Word version) -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: AN ACT 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.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Webster Robert Chestnut of Conway, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, April 18, 1997, it stand adjourned to meet next Tuesday, April 22, 1997, at 12:00 Noon, which motion was adopted.
At 12:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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