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:
April 22, 1997: Feast of the Passover.
Beloved, today we commemorate with our Jewish friends the Passover, the beginning of the exodus out of Egyptian slavery... Exodus, Chapter 12 (v.13):
"The blood shall be a sign for you on the
houses where you live: when I see the blood,
I will pass over you, and no plague shall
destroy you when I strike the land of Egypt."
Let us pray.
Our Father, the God who led the children of Israel through the wilderness, by labyrinthine paths, to the promised land, hear our prayers for guidance in our wilderness times.
As we pursue solutions to our very complex problems, help us to remember Your faithfulness in the words recorded in the Book of Exodus (13:21-22):
"The Lord went in front of them in a pil-
lar of cloud by day, to lead them along the
way, and in a pillar of fire by night, to
give them light, so that they might travel
by day and by night. Neither the pillar of
cloud by day nor the pillar of fire by
night left its place in front of the people."
Leave us not alone in the shadows of ways.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 1, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1995, and to expire April 1, 2000:
At-Large:
Ms. Frances B. Stogner, 545 Simmons Avenue, Summerville, S.C. 29483 VICE Elizabeth M. Dillbeck (resigned)
Referred to the Committee on Education.
April 2, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 17, 1997, and to expire March 17, 2003:
5th Congressional District:
Mr. Joseph P. Hodges, 131 Jordan Street, Bennettsville, S.C. 29512
Referred to the Committee on Corrections and Penology.
April 7, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board of Pharmacy, with term to commence June 30, 1997, and to expire June 30, 2003:
2nd Congressional District:
Mr. Davis C. Hook, Jr., Revco Drug Store #2766, 1520 Taylor Street, Columbia, S.C. 29201 VICE Robert L. Spires, Sr.
Referred to the Committee on Medical Affairs.
April 8, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
2nd Congressional District:
Mr. William B. Robb, Jr., 1008 Drawdebil Road, Gilbert, S.C. 29054
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1997, and to expire June 30, 2001:
6th Congressional District:
Ms. Della A. Baker, Post Office Box 4354, Florence, S.C. 29502-4354
Referred to the Committee on Judiciary.
The following was received:
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 12, 1997 (Subject to Sine Die Revision)
Withdrawn and resubmitted April 18, 1997
The following were introduced:
S. 674 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 38-73-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF THE PURPOSE AND THE CONSTRUCTION OF THE CHAPTER ON PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE AND SURETY RATES AND RATEMAKING ORGANIZATIONS, SO AS TO REPLACE REFERENCES TO "DEPARTMENT OF INSURANCE" WITH "DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE", ALLOW FOR APPROVAL OF RISK CLASSIFICATION AND TERRITORIAL PLANS, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 38-73-720, AS AMENDED, RELATING TO INSURANCE AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND ADD A PROVISION THAT ANY RISK CLASSIFICATION OR CLASS PLAN WHICH DOES NOT RESULT IN AN INCOME LEVEL INCREASE FOR AN INSURER MUST NOT BE CONSIDERED A RATE CHANGE SUBJECT TO THE REQUIREMENTS OF SECTION 38-73-920; TO AMEND SECTION 38-73-730, AS AMENDED, RELATING TO INSURANCE AND RISK CLASSIFICATION PLANS, SO AS TO, AMONG OTHER THINGS, ALLOW FOR APPROVAL OF RISK AND TERRITORIAL CLASSIFICATION PLANS; TO AMEND SECTION 38-73-737, RELATING TO THE DRIVER TRAINING COURSE CREDIT TO BE APPLIED TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, AND PROVIDE FOR DRIVER TRAINING COURSE CREDIT MANDATED BY REGULATION BY ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE OR WITHIN ANY INSURER'S APPROVED CLASSIFICATION PLAN; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO INSURANCE AND UNIFORM STATISTICAL PLANS, SO AS TO, AMONG OTHER THINGS, ALLOW FOR APPROVAL OF RISK AND TERRITORIAL CLASSIFICATION PLANS FOR AUTOMOBILE INSURANCE, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND ADD A PROVISION THAT, BY JANUARY 1, 1998, THE REINSURANCE FACILITY SHALL FILE WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR APPROVAL A MERIT RATING AND RISK CLASSIFICATION PLAN TO BE USED BY ALL DESIGNATED CARRIERS FOR BUSINESS WRITTEN BY DESIGNATED PRODUCERS AND THAT, IN THE ALTERNATIVE, THE FACILITY MAY ADOPT ANY MERIT RATING AND RISK CLASSIFICATION PLAN ISSUED BY ORDER OF THE DIRECTOR OR APPROVED FOR A LICENSED RATING ORGANIZATION; TO AMEND SECTION 38-73-770, AS AMENDED, RELATING TO INSURANCE AND THE REQUIREMENT THAT CLASSIFICATION PLANS MUST BE STRUCTURED TO PRODUCE FAIR RATES, SO AS TO PROVIDE FOR APPROVAL OF CLASSIFICATION PLANS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE CHAPTER ON AUTOMOBILE INSURANCE, SO AS TO PROVIDE FOR APPROVAL OF RISK AND TERRITORIAL CLASSIFICATION PLANS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE REFERENCE TO A CODE SECTION; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO SPECIFY THAT THE CODE SECTION APPLIES TO A POLICY OF AUTOMOBILE LIABILITY INSURANCE; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY, SO AS TO DELETE THE EXCEPTION THAT ALL AUTOMOBILE INSURANCE POLICIES IN EFFECT AT A CERTAIN TIME MAY CONTINUE IN FORCE UNTIL THE EXPIRATION DATE OF THE POLICY; BY ADDING SECTION 56-5-5315 SO AS TO PROVIDE THAT A PERSON VIOLATING SECTION 56-5-5310, WHICH MANDATES THAT A MOTOR VEHICLE SHALL NOT BE OPERATED UNLESS ITS EQUIPMENT IS IN GOOD WORKING ORDER AND THE VEHICLE IS IN SAFE MECHANICAL CONDITION, FOR A FIRST OFFENSE HAS TEN DAYS TO REPAIR A TAILLIGHT IF THE VIOLATION WAS FOR NOT HAVING A TAILLIGHT IN GOOD WORKING ORDER AND THAT IF THE PERSON IS FOUND TO BE IN CONTINUING VIOLATION OF SECTION 56-5-5310 AFTER THE TEN-DAY PERIOD, HE MUST BE PUNISHED AS PROVIDED BY LAW; TO AMEND SECTION 38-77-600, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY'S RECOUPMENT CHARGE, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE INSURANCE PREMIUM CHARGED BY AUTOMOBILE INSURERS FOR LIABILITY COVERAGE UPON EACH PRIVATE PASSENGER AUTOMOBILE AND FOR EACH NONOWNER'S POLICY MUST INCLUDE A BASE RECOUPMENT FEE, THAT FOR THE YEAR JULY 1, 1999, TO JUNE 30, 1999, THAT BASE RECOUPMENT FEE MUST BE THE RECOUPMENT FEE APPROVED FOR SAFE DRIVERS AS OF JULY 1, 1997, THAT BEGINNING DECEMBER 2, 1998, THE BASE RECOUPMENT FEE MUST BE REVIEWED ANNUALLY BY DECEMBER SECOND BY A COMMITTEE, THAT THE BASE RECOUPMENT FEE MUST BE CALCULATED BY FACTORING NO MORE THAN .386 AGAINST THE TOTAL LOSSES OF THE FACILITY FROM THE PRECEDING FACILITY FISCAL YEAR, AND THAT THE RESULTING PRODUCT MUST BE DIVIDED BY THE NUMBER OF INSURED PRIVATE PASSENGER AUTOMOBILES WITHIN THIS STATE; TO AMEND SECTION 38-77-620, AS AMENDED, RELATING TO THE INCLUSION OF THE REINSURANCE FACILITY'S RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE REFERENCE TO SECTION 38-77-610 AND REPLACE IT WITH A REFERENCE TO SECTION 38-77-600; TO AMEND SECTION 38-77-910, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW OF SOUTH CAROLINA AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE FOR APPROVAL OF RATING PLANS FOR THE CLASSIFICATION OF RISKS AND TERRITORIES, AND DELETE REFERENCE TO THE DEPARTMENT OF INSURANCE AND REPLACE IT WITH "DIRECTOR OR HIS DESIGNEE"; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS AUTOMOBILE INSURANCE POLICY IS IN THE FACILITY, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR APPROVAL OF A RATING PLAN FOR THE CLASSIFICATION OF RISKS, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURER CEDES CERTAIN CLASSES OR RATING CATEGORIES WHICH PRODUCE LOSS RATIOS TO THE FACILITY WHICH ARE GREATER THAN THE STATEWIDE AVERAGE FOR THE SAME OR SUBSTANTIALLY SIMILAR CLASSES OR RATING CATEGORIES, THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY ORDER THAT INSURER TO ALTER ITS RATING OR CLASS PLAN, OR THE FACILITY'S GOVERNING BOARD MAY IMPOSE A THIRTY-FIVE PERCENT CESSION LIMITATION UPON THAT CLASS OR RATING CATEGORY; AND TO REPEAL SECTIONS 38-73-731, RELATING TO INSURANCE, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, 38-73-1425, RELATING TO FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-360, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, AND 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF RECOUPMENT CHARGES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 675 (Word version) -- Senators Fair and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-22 SO AS TO REQUIRE THE USE OF SYSTEMATIC PHONICS INSTRUCTION IN A SPECIFIED MANNER IN THE SCHOOLS OF THIS STATE INCLUDING GRADES K-3; BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION, IN COLLABORATION WITH COLLEGES AND UNIVERSITIES OFFERING TEACHER EDUCATION CURRICULUMS, SHALL REVISE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT COURSES TO INCLUDE PHONICS MATERIAL; AND TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP AND DISSEMINATE TO SPECIFIED ENTITIES A COMPREHENSIVE PLAN RELATING TO THIS REQUIRED PHONICS INSTRUCTION.
Read the first time and referred to the Committee on Education.
S. 676 (Word version) -- Senator Reese: A JOINT RESOLUTION PROVIDING A ONE-TIME SIX-MONTH PERIOD FOR A MEMBER OF ONE OF THE VARIOUS STATE RETIREMENT SYSTEMS WHO HAS ESTABLISHED CREDIT IN THE SYSTEM FOR PRIOR SERVICE TO ESTABLISH ANY ADDITIONAL SERVICE CREDIT THE MEMBER WOULD BE ALLOWED TO ESTABLISH BUT FOR THE SINGLE PAYMENT REQUIREMENTS.
Read the first time and referred to the Committee on Finance.
S. 677 (Word version) -- Senators Wilson and Hutto: A BILL TO AMEND SECTION 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AFFIDAVITS, SO AS TO PROVIDE THAT AN AFFIDAVIT OF TRUE CONSIDERATION MUST ACCOMPANY EACH DEED PRESENTED FOR RECORDING UNLESS THE TOTAL VALUE OF THE REALTY IS SET FORTH EXPLICITLY IN THE DEED.
Read the first time and referred to the Committee on Finance.
S. 678 (Word version) -- Senator Mescher: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, BY ADDING SECTION 12-37-253 SO AS TO EXPAND THE HOMESTEAD TAX EXEMPTION BY PROVIDING THAT RESIDENTIAL OWNER-OCCUPIED REAL PROPERTY WHICH IS OWNED BY A PERSON WHO HAS REACHED THE AGE OF SIXTY AND HAS BEEN A RESIDENT FOR ONE YEAR, IS EXEMPT FROM AD VALOREM TAXATION TO THE EXTENT THE FAIR MARKET VALUE EXCEEDS THE VALUE OF THE PROPERTY DETERMINED AT THE REASSESSMENT THAT OCCURRED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT OR IMMEDIATELY PRIOR TO THE PERSON BECOMING ELIGIBLE UNDER THIS SECTION, WHICHEVER IS LATER, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER; TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENT OF OWNERSHIP IN FEE FOR ELIGIBILITY; AND TO PROVIDE THAT THE VALUE OF PROPERTY EXEMPT FROM TAXATION IN THE MANNER PROVIDED IN THIS SECTION IS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS PURSUANT TO SECTIONS 14 AND 15 OF ARTICLE X OF THE CONSTITUTION OF THIS STATE, AND FOR PURPOSES OF COMPUTING THE "INDEX OF TAXPAYING ABILITY" PURSUANT TO SECTION 59-20-20(3).
Read the first time and referred to the Committee on Finance.
S. 679 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-COURT STATEMENTS OF CHILDREN UNDER AGE TWELVE FOR USE IN FAMILY COURT PROCEEDINGS, SO AS TO PROVIDE THAT SUCH STATEMENTS ALSO MAY BE MADE BY A CHILD WHO FUNCTIONS COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER THE AGE OF TWELVE.
Read the first time and referred to the Committee on Judiciary.
S. 680 (Word version) -- Senator Rose: A BILL TO ENACT THE "MANDATORY PARENTING PLAN ACT", AMENDING CHAPTER 3, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-165, SO AS TO REQUIRE EACH PARTY IN AN ACTION FOR DIVORCE FROM THE BONDS OF MATRIMONY OR FOR SEPARATE SUPPORT AND MAINTENANCE OR LEGAL SEPARATION, WHERE THE CUSTODY, VISITATION, OR SUPPORT OF A MINOR CHILD IS AN ISSUE, TO FILE A PARENTING PLAN WITHIN NINETY DAYS OF FILING THE COMPLAINT.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 681 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 45, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-270, SO AS TO NOT REQUIRE A PHYSICAL THERAPIST OR A PHYSICAL THERAPIST ASSISTANT TO BE PAID A BENEFIT FROM A THIRD PARTY PAYER; AND TO AMEND SECTIONS 40-45-20, 40-45-200, AND 40-45-220, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 682 (Word version) -- Senators Martin and Ryberg: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DUS (DRIVING UNDER SUSPENSION) AND UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DUI (DRIVING UNDER THE INFLUENCE), AND TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT VIOLATION WITHIN THE LAST TEN YEARS OF KNOWINGLY OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE.
Read the first time and referred to the Committee on Transportation.
S. 683 (Word version) -- Senators Hutto, Martin, Rose and Ford: A JOINT RESOLUTION DIRECTING THE STATE LAW ENFORCEMENT DIVISION (SLED) TO SUBMIT THE DATAMASTER BREATHALYSER TEST TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, OR COMPARABLE MEDICAL RESEARCH FACILITY IN THIS STATE, FOR EXTENSIVE TESTING ON HUMAN BEINGS TO DETERMINE THE ACCURACY OF THE TEST IN DETERMINING THE BLOOD ALCOHOL LEVEL OF A PERSON WHEN ADMINISTERED BY MEMBERS OF LAW ENFORCEMENT; TO REQUIRE SLED TO SUBMIT THE NECESSARY EQUIPMENT TO THE MEDICAL FACILITY WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; TO REQUIRE THAT THE MEDICAL FACILITY CONDUCT ITS STUDY WITHIN ONE HUNDRED AND EIGHTY DAYS AND PROVIDE SLED WITH A REPORT WHICH SLED MUST PROVIDE TO THE GENERAL ASSEMBLY BY JANUARY 1, 1998.
Senator HUTTO spoke on the Resolution.
Read the first time, and on motion of Senator HUTTO, with unanimous consent, ordered placed on the Calendar without reference.
S. 684 (Word version) -- Senators Drummond and Martin: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 24, 1997, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.
Introduced, and on motion of Senator MARTIN, with unanimous consent, ordered placed on the Calendar without reference.
S. 685 (Word version) -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. HUGH C. LANE AND MR. HUGH C. LANE, JR. FOR MANY DECADES OF STEADFAST DEDICATION AND LEADERSHIP IN HELPING TO ENSURE EXPANDED PUBLIC AWARENESS AND APPRECIATION FOR THE H.L. HUNLEY SUBMARINE AND ITS CREW THROUGHOUT THIS STATE AND NATION.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3137 (Word version) -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3193 (Word version) -- Reps. Young, Meacham and Bauer: A BILL TO AMEND SECTION 16-13-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETIT AND GRAND LARCENY, SO AS TO PROVIDE THAT THE THEFT OF A FIREARM IS GRAND LARCENY AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
H. 3415 (Word version) -- Reps. Townsend, Rodgers, H. Brown, Parks, Wilder, Neal, Limehouse, Govan, Lloyd, Sharpe, Neilson, Allison, Bailey, Jordan, McLeod, Law, Walker, Littlejohn, Trotter, Leach, Inabinett, Stille, Martin, Harrison, Stuart, Young-Brickell, Hinson, Easterday, Cato, Wilkins, Hamilton, Harrell, D. Smith, J. Brown, Kirsh, J. Smith, Klauber, Webb, Woodrum, McMahand, Sandifer, Maddox, McKay, Haskins, Cooper, Barrett and Riser: A BILL TO AMEND SECTION 59-39-100 OF THE 1976 CODE, 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 NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS.
Senator LANDER spoke on the Bill.
Read the first time and on motion of Senator LANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3585 (Word version) -- Rep. Harrison: A BILL MAKING FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; AND TO REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE THE LIMITATIONS ON LIABILITY APPLICABLE AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT.
Read the first time and referred to the Committee on Judiciary.
H. 3594 (Word version) -- Reps. Chellis, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.
Read the first time and referred to the Committee on Education.
H. 3603 (Word version) -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Read the first time and referred to the Committee on Judiciary.
H. 3756 (Word version) -- Reps. Limehouse, Bailey, Battle, Bauer, Bowers, J. Brown, T. Brown, Campsen, Canty, Chellis, Dantzler, Delleney, Edge, Gamble, Gourdine, Harrell, Hinson, Hodges, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Leach, Mason, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Pinckney, Rhoad, Rice, Rodgers, Scott, Seithel, Sharpe, Sheheen, F. Smith, Spearman, Stille, Stuart, Tripp, Walker, Whatley, Whipper and Witherspoon: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO REQUIRE THAT BLACK SEA BASS BE PROCESSED, MARKETED, AND SOLD WITH THE HEAD AND TAIL FINS INTACT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3858 (Word version) -- Reps. Vaughn, Haskins, Cato, Leach and Hamilton: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROHIBIT THE BOARD FROM SELLING, LEASING, MERGING, CONSOLIDATING, OR TRANSFERRING CERTAIN OF ITS ASSETS OR ENTERING INTO A JOINT VENTURE OR OTHER BUSINESS RELATIONSHIP WITHOUT THE CONSENT OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION IF THE ACTION DISPOSES OF OR COMMITS TEN PERCENT OR MORE OF THE ASSETS; TO PROHIBIT THE BOARD FROM TRANSFERRING OR DELEGATING ITS RESPONSIBILITIES AND AUTHORITY OVER THE HOSPITAL SYSTEM TO ANY OTHER PERSONS, BOARD, OR ENTITY, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION ONLY MAY CALL FOR A REFERENDUM IF CONSENT IS REQUESTED TO TAKE SUCH ACTION; TO INCREASE THE BOARD FROM SEVEN TO NINE MEMBERS AND TO PROVIDE NOMINATING PROCEDURES AND TO PROVIDE ALTERNATIVE COMPOSITION AND PROCEDURES CONTINGENT UPON A GREENVILLE CITY COUNCIL STIPULATION BY ORDINANCE; TO AUTHORIZE THE BOARD TO PROVIDE SERVICES AND LOCATE FACILITIES OUTSIDE OF GREENVILLE COUNTY IF SUCH WOULD ENHANCE SERVICES; TO ENTER INTO JOINT VENTURES OR OTHER BUSINESS RELATIONSHIPS SUBJECT TO THE REQUIREMENT FOR OBTAINING CONSENT UNDER CERTAIN CONDITIONS; TO AUTHORIZE THE CHANGE OF NAME OF THE BOARD AND THE OPERATION OF THE BOARD UNDER A TRADE NAME; TO AUTHORIZE THE ESTABLISHMENT OF ONE OR MORE SUBSIDIARIES AND TO REQUIRE SUCH ENTITY TO COMPLY WITH THE FREEDOM OF INFORMATION ACT; TO ESTABLISH ADDITIONAL HOSPITALS OR OTHER CLINICS; TO AUTHORIZE THE EXERCISE OF CERTAIN POWERS GENERALLY CONFERRED ON REGIONAL HEALTH SERVICE DISTRICTS; TO AMEND ACT 1285 OF 1966, RELATING TO THE NAME OF THE GREENVILLE HOSPITAL SYSTEM, SO AS TO CHANGE THE NAME OF THE BOARD TO THE GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES; TO REQUIRE THE BOARD OF TRUSTEES TO REIMBURSE THE COUNTY FOR ANY DAMAGES THE COUNTY MAY BE REQUIRED TO PAY THE CITY UNDER A CONTRACT ARISING OUT OF ACT 432 OF 1947; AND TO REPEAL CERTAIN PROVISIONS CONTINGENT UPON STIPULATIONS OF GREENVILLE CITY COUNCIL.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3871 (Word version) -- Rep. Stuart: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT PROPERTY OWNED AND USED BY A COUNTY FAIR ASSOCIATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE.
Read the first time and referred to the Committee on Finance.
H. 3895 (Word version) -- Education and Public Works 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.
Read the first time and referred to the Committee on Education.
H. 3931 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4045 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT MARTHA HUNT OF THE GEORGETOWN COUNTY SHERIFF'S DEPARTMENT FOR HER RECEIPT OF THE 1997 SILVER SCALES OF JUSTICE CRIMINAL JUSTICE AWARD FROM THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4046 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO COMMEND JOHN M. HILLIARD, III, SPECIAL PROSECUTOR FOR THE FIFTEENTH CIRCUIT, FOR HIS RECOGNITION BY THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK AS A WINNER OF THE 1997 SILVER SCALES OF JUSTICE CRIMINAL JUSTICE AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
S. 306 (Word version) -- Senators Hayes, Alexander, Courson, Drummond, Fair, Giese, Gregory, Jackson, Lander, Leatherman, Martin, McGill, Mescher, O'Dell, Passailaigue, Peeler, Rose, Russell, Ryberg, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 BY ENACTING THE OMNIBUS HIGHWAY SAFETY ACT 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 AN ALCOHOL CONCENTRATION OF OR IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO PROVIDE TESTING IN INCIDENTS IN WHICH A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE A DRIVER HAS CONSUMED ALCOHOLIC BEVERAGES OR A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC ONE-YEAR 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; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO REFUSES TO TAKE THE TESTS, AND TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation has polled out S. 552 favorable:
S. 552 (Word version) -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY LETTERED ITEM TO THE END OF SECTION 56-5-4140 RELATING TO COTTON MODULAR LOADS SO AS TO PROVIDE FOR THE HARVESTING AND TRANSPORTING OF AGRICULTURAL PRODUCTS AND BY AMENDING SECTION 57-3-160 RELATING TO PERMITS FOR COTTON MODULAR VEHICLES SO AS TO ALLOW THE WIDTH TO BE INCREASED FROM ONE HUNDRED SEVEN INCHES TO ONE HUNDRED TEN INCHES FOR PERMITTING PURPOSES.
Land Leatherman Leventis Peeler Wilson McGill Elliott Rankin Ryberg Short Waldrep Alexander Fair Hutto
Patterson O'Dell Rose Ravenel
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 657 favorable:
S. 657 (Word version) -- Senators Setzler, Courson and Giese: A SENATE RESOLUTION INVITING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM, SOUTHEASTERN CONFERENCE REGULAR SEASON CHAMPIONS FOR 1997, HEAD COACH EDDIE FOGLER AND THE ASSISTANT COACHES AND STAFF TO THE FLOOR OF THE SENATE ON WEDNESDAY, APRIL 30, 1997, TO BE RECOGNIZED FOR THEIR ACCOMPLISHMENTS DURING THE 1996-97 SEASON.
Courson Wilson Matthews Patterson O'Dell McGill Washington
Russell Passailaigue Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from University of SC to attend a luncheon at Williams Brice Stadium-600 Level on Wednesday, April 30, 1997, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Transportation Assn. of SC to attend a breakfast at the Clarion Town House on Tuesday, May 1, 1997, from 8:00 until 8:45 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from SC Horseman's Council to attend a reception at the State Museum on Tuesday, May 6, 1997, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from SC Nurses Assn. to attend a breakfast drop-in, Room 208 Blatt Bldg. on Wednesday, May 7, 1997, from 7:30 until 9:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Walter P. Rawl & Sons Farm to attend a buffet luncheon in Room 208 Blatt Bldg. on Wednesday, May 7, 1997, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from SC Dept. of Parks and Recreation & Tourism to attend a reception at the Lace House on Wednesday, May 7, 1997, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from DuPont to attend a reception at the Capital City Club on Tuesday, May 13, 1997, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from SC Dairy Assn. for Ice Cream at the Carolina Plaza @ Pendleton St. Entrance on Wednesday, May 14, 1997, from 10:00 A.M. until 3:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation to attend the Governor's Legislative Reception at the Governor's Mansion Mall on Wednesday, May 14, 1997, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Russell Washington
S. 77 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.
The House returned the Bill with amendments.
On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 670 (Word version) -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 20-26, 1997, TO BE "SECRETARIES WEEK" AND APRIL 23, 1997, TO BE "SECRETARIES DAY".
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
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.
(By prior motion of Senator REESE)
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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. 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.
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.
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Education proposed the following amendment (S-EDUC\542.1), which was adopted:
Amend the bill, as and if amended, by striking all of SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-31-45. (A) In addition to any other method of textbook selection, the State Board of Education shall add to the approved list of textbooks for use in the public schools of this State any textbook or series of textbooks which have been reviewed and not adopted by the state board if the textbook or series is requested in writing by the the board of trustees of five or more school districts.
(B) The number of requests required to be received above shall be as received during any three hundred sixty-five day period. A textbook so required to be added to the approved list shall be added within thirty days following the receipt by the state board of the requisite number of requests, provided that the publishers whose textbooks are to be added to the approved list as provided in this section comply with the same provisions regarding textbooks as other publishers including, but not limited to, price, durability, and availability. No designation shall be included upon the approved list which indicates the manner in which any textbook was added to the list."/
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RYBERG proposed the following amendment (594R001.WGR), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
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 AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE 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 AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 27, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3510. (A) An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle provided in Section 56-5-760.
(B) An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
(C) Notwithstanding the provisions of Section 56-5-760(C), an authorized police patrol bicycle acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of Section 56-5-4970 or visual signals meeting the requirements of Section 56-5-4700."
SECTION 2. Section 56-5-3480 of the 1976 Code is amended to read:
"Section 56-5-3480. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle, except as provided in Section 56-5-3510."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RYBERG explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator RYBERG, with unanimous consent, S. 594 was ordered to receive a third reading on Wednesday, April 23, 1997.
The following Bills were carried over:
H. 3169 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
On motion of Senator ELLIOTT, the Bill was carried over.
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.
On motion of Senator McCONNELL, 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 HOLLAND, the Bill was carried over with Senator LEVENTIS retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator HOLLAND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 171 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HOLLAND, the Bill was carried over.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HOLLAND, the Bill was carried over.
On motion of Senators RAVENEL and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eugene Lawrimore of Georgetown, S.C.
Senator HOLLAND moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.
At 12:33 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 10:30 A.M.
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