Indicates Matter Stricken
Indicates New Matter
The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 14th day of the month.
Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o_clock Noon.
The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.
Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:
Beloved, as we begin the 112th Session of our General Assembly, let us lift up our hearts as we hear the words of the Prophet Isaiah to his people nearly 2700 years ago, Chapter 60:
"Arise, shine, for your Light has come,
And the glory of the Lord has risen upon you."
Let us pray.
Lord, God of the Ages, we remember that in Jewish theology the SHEKINAH (the Eternal Light) was the manifestation of the Presence of God... to energize the faithful in uncertain times.
Forbid that America should ever become merely a secular state.
Grant us now the light of the SHEKINAH, lest we all die from the sin that inheres in human flesh.
Throughout this Session do not leave us alone. We pray in the spirit of the Galilean who taught us to pray together:
"Our Father, Who art in Heaven, hallowed be Thy Name, Thy kingdom come, Thy will be done, on earth as it is in Heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us; and lead us not into temptation, but deliver us from evil. For Thine is the Kingdom, and the power, and the glory, forever and ever." Amen.
Representatives Haskins, Young-Brickell, Joe Brown and Harrison appeared in the Chamber to inform the Senate that the House had organized and was ready to proceed with business.
Senator McCONNELL moved that it be the Sense of the Senate that the Sergeant-at-Arms be authorized and directed, for this week only, to admit representatives of the media to be granted the Privilege of the Floor in such locations and under such circumstances as will not disrupt the proceedings of the Senate and that it be the Sense of the Senate that while the Senate occupies temporary quarters, pending the renovations of the State House, those persons authorized to be admitted to that area designated "behind the rail" under the provisions of Rules 36, 37, and 42 shall be admitted to the Chamber of the Senate subject to the following provisions:
a. Still photographers representing the media are authorized to be admitted by the Sergeant-at-Arms to the side areas of the Chamber adjacent to the east and west walls as designated by the Clerk of the Senate for the purpose of executing their duties and when completed, exiting the Senate Chamber.
b. Video photographers representing the media are authorized to be admitted by the Sergeant-at-Arms to the side areas of the Chamber adjacent to the east and west walls as designated by the Clerk of the Senate, to include one fixed camera position on each side and also, the admission of one additional photographer with portable video on each side for the purpose of executing their duties in the designated areas and when completed, exiting
the Senate Chamber. Video photographers occupying the fixed positions on either side of the Chamber must have placed necessary equipment in the Chamber at least fifteen (15) minutes prior to the convening of the Senate.
c. No more than four reporters at any time are authorized to be admitted to be seated in the Chamber by the Sergeant-at-Arms in such seating as designated for such purpose by the Clerk of the Senate. In addition, three seats shall be reserved in the Senate Gallery for the exclusive use of reporters.
d. Immediate family members of Senators, authorized former members of the Senate and House of Representatives, the Governor or his representative, Constitutional Officers, Justices of the Supreme Court, President and Vice President of the United States, Members of Congress, Governors of States and Territories, and the Lt. Governor_s staff are authorized to be admitted to the Chamber in seating adjacent to the west wall when escorted by the Sergeant-at-Arms and when space is available. Senate staff are authorized admission to the Senate Chamber and may be seated when and where space is available.
Senator McCONNELL further moved that it be the Sense of the Senate that introduction of visitors and guests as provided in Rules 7B and 36B shall be confined to the time limitation set forth in Rule 7B and strictly limited to visitors and guests occupying the Senate Gallery or designated locations in the Gressette Building when viewing video broadcasts of the Senate proceedings.
The Sense of the Senate motion was adopted.
The PRESIDENT recognized Senator HOLLAND.
Senator HOLLAND nominated Senator JOHN DRUMMOND as President Pro Tempore, moved that the nominations be closed and that Senator DRUMMOND be elected President Pro Tempore by acclamation.
Senator DRUMMOND was elected President Pro Tempore of the Senate by acclamation.
On motion of Senator DRUMMOND, with unanimous consent, the PRESIDENT of the Senate was granted leave to address the Senate with brief remarks.
The PRESIDENT addressed the Senate with brief remarks.
On motion of Senator DRUMMOND, the order of business for the organization of the Senate was established as follows:
1. Members select seat assignment
2. Administration of the Oath of Office to Senators
3. President Pro Tempore invites new members to address brief remarks to the Senate
4. Election of Senate Officers (President Pro Tempore moves election en banc)
5. Consideration and adoption of Senate Rules
6. Selection of committee assignments
7. Election of committee chairmen
8. Lt. Governor appoints committees to inform House and Governor that Senate has organized
9. President Pro Tempore addresses Senate
10. Other business
11. Adjourn
The Reading Clerk called the seniority roll for the purpose of seating selections as follows:
Seat 1 Senator Drummond
Seat 2 Senator Holland
Seat 3 Senator Setzler
Seat 4 Senator Moore
Seat 5 Senator McConnell
Seat 6 Senator Leventis
Seat 7 Senator Land
Seat 8 Senator Patterson
Seat 9 Senator Matthews
Seat 10 Senator Rose
Seat 11 Senator Courtney
Seat 12 Senator Gregory
Seat 13 Senator Cork
Seat 14 Senator Ravenel
Seat 15 Senator Williams
Seat 16 Senator Washington
Seat 17 Senator Russell
Seat 18 Senator Wilson
Seat 19 Senator Anderson
Seat 20 Senator Hutto
Seat 21 Senator Jackson
Seat 22 Senator Alexander
Seat 23 Senator Glover
Seat 24 Senator Saleeby
Seat 25 Senator J. Verne Smith
Seat 26 Senator Leatherman
Seat 27 Senator Peeler
Seat 28 Senator Thomas
Seat 29 Senator Bryan
Seat 30 Senator Giese
Seat 31 Senator McGill
Seat 32 Senator Passailaigue
Seat 33 Senator Hayes
Seat 34 Senator Ford
Seat 35 Senator Rankin
Seat 36 Senator Mescher
Seat 37 Senator Lander
Seat 38 Senator O'Dell
Seat 39 Senator Courson
Seat 40 Senator Elliott
Seat 41 Senator Short
Seat 42 Senator Fair
Seat 43 Senator Reese
Seat 44 Senator Ryberg
Seat 45 Senator Martin
Seat 46 Senator Waldrep
Senator COURSON asked unanimous consent to make a motion that the provisions of Rule 36 be waived so as to grant the Honorable David M. Beasley, the Governor of the State of South Carolina, the Privilege of the Floor inside the rail.
There was no objection and the provisions of Rule 36 were waived.
At 12:40 P.M., on motion of Senator COURSON, with unanimous consent, the Senate receded from business subject to the Call of the Chair.
At 1:00 P.M., the Senate resumed.
Mr. Frank Caggiano
Clerk of the Senate
P. O. Box 142
Columbia, SC 29202
Members of the Senate:
The State Election Commission has certified to this office those members of the Senate of South Carolina which were elected in the general election held on November 5, 1996.
The members are hereby certified as set forth in the attached pages as the duly and properly elected members of the Senate, all of which are duly certified.
Sincerely,
/s/Jim Miles
Secretary of State
One R Thomas C. Alexander
Two R Larry A. Martin
Three R Robert L. Waldrep, Jr.
Four D Billy O'Dell
Five D J. Verne Smith
Six R Michael L. Fair
Seven D Ralph Anderson
Eight R David L. Thomas
Nine D James E. Bryan, Jr.
Ten D John W. Drummond
Eleven D Glenn G. Reese
Twelve R John R. Russell
Thirteen R C. Tyrone Courtney
Fourteen R Harvey S. Peeler, Jr.
Fifteen R Robert (Wes) Hayes, Jr.
Sixteen R Chauncey K. (Greg) Gregory
Seventeen R Linda H. Short
Eighteen D James (Jim) A. Lander
Nineteen D Kay Patterson
Twenty R John E. Courson
Twenty-one D Darrell Jackson
Twenty-two R Warren K. Giese
Twenty-three R Addison (Joe) G. Wilson
Twenty-four R W. Greg Ryberg
Twenty-five D Thomas L. Moore
Twenty-six D Nikki G. Setzler
Twenty-seven D Donald H. Holland
Twenty-eight D Dick Elliott
Twenty-nine D Edward E. Saleeby
Thirty D Maggie Wallace Glover
Thirty-one R Hugh K. Leatherman, Sr.
Thirty-two D J. Yancey McGill
Thirty-three D Luke A. Rankin
Thirty-four R Arthur Ravenel
Thirty-five D Phil P. Leventis
Thirty-six D John C. Land, III
Thirty-seven D Dewitt Williams
Thirty-eight R Michael (Mike) T. Rose
Thirty-nine D John W. Matthews, Jr.
Forty D Brad Hutto
Forty-one R Glenn F. McConnell
Forty-two D Robert Ford
Forty-three D Ernest L. Passailaigue, Jr.
Forty-four R Bill Mescher
Forty-five D McKinley Washington, Jr.
Forty-six R Holly A. Cork
On motion of Senator DRUMMOND, with unanimous consent, the Senators presented themselves at the Bar and the oath of office was administered to the Senate.
On motion of Senator DRUMMOND, with unanimous consent, Senator ANDERSON was granted leave to address the Senate.
On motion of Senator DRUMMOND, with unanimous consent, Senator RAVENEL was granted leave to address the Senate.
On motion of Senator DRUMMOND, with unanimous consent, Senator WILLIAMS was granted leave to address the Senate.
Senator DRUMMOND asked unanimous consent to make a motion that the Officers of the Senate be elected by acclamation en banc.
There was no objection, and the Officers of the Senate were elected by acclamation as follows:
Mr. Frank Caggiano Clerk of the Senate
Mr. John O. Wienges Reading Clerk of the Senate
Reverend George E. Meetze Chaplain
Mr. James R. Melton Sergeant-at-Arms
Mr. Roger W. Beaver Assistant Sergeant-at-Arms
The Clerk announced the following appointments:
Mr. Hogan Brown Assistant Clerk and Assistant Director of the Office of Senate Research
Mrs. Darlene M. Griggs Administrative Assistant
Mrs. Joyce D. Reid Administrative Assistant
Mrs. Agnes Walker General Desk Clerk
Mrs. Cynthia C. Aiken Calendar Clerk
Ms. Alicia Eatmon Bill Clerk
Mrs. Susan Edwards Assistant Bill Clerk
The Senate proceeded to a consideration of the Rules of the Senate as proposed by Senators MOORE and McCONNELL.
Senator McCONNELL, Chairman of the Committee on Rules, was recognized.
Senator LEATHERMAN asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, to adopt the Rules, as adopted by the Senate on January 25, 1995, with a caveat that any subsequent changes to the Rules would be by majority vote.
Senator McCONNELL continued speaking on the Rules.
Senator MOORE raised a Point of Order that under the motion offered by the President Pro Tempore and adopted by the Senate, the next item of business was "Consideration and Adoption of Rules" and he insisted on the Order of the Day.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator McCONNELL continued speaking on the Rules.
Senator COURTNEY assumed the Chair at 1:55 P.M.
Senator McCONNELL continued speaking on the Rules.
The PRESIDENT assumed the Chair at 2:00 P.M.
At 2:25 P.M., Senator MARTIN asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, that the Senate stand in recess not to exceed three minutes.
Senator ROSE objected.
Senator McCONNELL continued speaking on the Rules.
At 2:30 P.M., with Senator McCONNELL retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:47 P.M., the Senate resumed.
Senator McCONNELL resumed speaking on the Rules.
Senator CORK asked unanimous consent to make a motion to change the language in the Rules to reflect "his or her" whenever there is a masculine reference to a Senator.
There was no objection and the motion was adopted.
Senator McCONNELL asked unanimous consent to make a motion that the Rules, as submitted to the Senate for consideration, be adopted in their entirety excluding Rule 15; the language delineating jurisdiction of committees and subitem (11) contained in Rule 19; Rule 24; Rule 43; and Rule 51.
Senator BRYAN asked unanimous consent to make a motion that the question be divided.
Senator RYBERG objected to Senator McCONNELL's motion.
Senator McCONNELL spoke on the Rules.
Senator McCONNELL moved that the Rules be adopted as submitted.
Senator MARTIN moved to amend the proposed Rules to delete Rules 15, 19, 24, 43, and 51.
Senator LEVENTIS moved to lay the motion on the table.
Senator MARTIN moved further that the deleted Rules be referred to the Committee on Rules.
A roll call vote was requested and ordered.
Senator BRYAN raised a Point of Order that the motion by Senator MARTIN was out of order inasmuch as it was a double-barrelled motion.
Senator MARTIN spoke on the Point of Order.
Senator MOORE made a Parliamentary Inquiry as to whether in the absence of Rules adopted by the Senate, Jefferson's Manual would govern the procedure of the Senate.
The PRESIDENT stated that Jefferson's Manual would govern the procedure of the Senate.
Senator MOORE made a Parliamentary Inquiry as to whether the requisite number of seconds needed to request a roll call was nine or five.
The PRESIDENT stated that the requisite number was nine.
The PRESIDENT sustained the Point of Order raised by Senator BRYAN.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Elliott Ford Glover Hutto Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Short Washington Williams
Alexander Cork Courson Courtney Fair Giese Gregory Hayes Leatherman Martin Mescher Peeler Rose Russell Ryberg Smith Thomas Waldrep Wilson
The motion was laid on the table.
Senator THOMAS argued contra to the motion to adopt the Senate Rules as proposed by Senators MOORE and McCONNELL.
At 4:12 P.M., with Senator THOMAS retaining the floor, Senator MARTIN moved that the Senate recede from business not to exceed three minutes.
At 4:25 P.M., the Senate resumed.
Senator THOMAS continued arguing contra to the motion.
Senator COURTNEY spoke on the motion.
Senator COURTNEY moved to amend Rule 19(11) by adding language to specify that item (11) as proposed would take effect after the 1998 General Election and to insert item (11) from the 1995 Rules of the Senate and specify that the 1995 language would be in effect until the 1998 General Election.
Senator McCONNELL argued contra to the motion.
Senator COURSON argued in favor of the motion.
Senator ROSE spoke on the motion.
Senator McCONNELL moved to table the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Elliott Ford Glover Hutto Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Short Washington Williams
Alexander Cork Courson Courtney Fair Giese Gregory Hayes Leatherman Martin Mescher Peeler Rose Russell Ryberg Smith Thomas Waldrep Wilson
The motion was laid on the table.
The question then was the adoption of the Rules as proposed by Senators MOORE and McCONNELL.
Senator HAYES made a Parliamentary Inquiry as to whether or not Rule 19 was divisible.
Senator HAYES asked the Senate to take up Rule 19.
There was no objection.
The question then was the adoption of Rule 19.
Rule 19 was adopted.
Senators J. VERNE SMITH, RYBERG, GIESE, WILSON and HAYES desired to be recorded as voting against the adoption of Rule 19.
Senator HAYES asked the Senate to then take up Rule 24.
Senator MARTIN spoke on Rule 24.
Senator McCONNELL asked unanimous consent to make a motion to delete subsection (b) of Rule 24.
The amendment was adopted.
The Senate proceeded to a consideration of Rule 15A.
Senator MOORE asked unanimous consent to make a motion to amend Rule 15A by striking "eight hours" and inserting "four hours."
The amendment was adopted.
Senator MARTIN then moved to amend Rule 15A by striking "twenty" minutes and inserting "five" minutes.
Senators McCONNELL and GIESE argued contra.
Senator McCONNELL moved to table the amendment.
The amendment was laid on the table.
On motion of Senator McCONNELL, with unanimous consent, Rule 15 was carried over.
The Senate proceeded to a consideration of Rule 51.
Rule 51 was adopted, as amended.
Senator MOORE moved to adopt the Rules, as proposed and amended, with the exception of Rule 15.
There was no objection.
Senator MOORE moved to adopt Rule 15.
Senator J. VERNE SMITH moved to amend Rule 15 by striking "29" and inserting "27."
Senator LAND moved to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Cork Courson Drummond Elliott Ford Glover Gregory Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Thomas Washington Williams Wilson
Alexander Courtney Fair Giese Hayes Lander Leatherman Martin Mescher Rose Ryberg Smith Waldrep
The amendment was laid on the table.
The question then was the adoption of Rule 15.
Rule 15 was adopted.
Senators WILSON, PEELER and RUSSELL desired to be recorded as voting against the adoption of the Senate Rules as proposed by Senators MOORE and McCONNELL.
The Rules of the Senate, as adopted, are as follows:
The Senate, on the first day of each annual session, shall convene at 12 o_clock noon, and on adjournment thereafter, shall stand adjourned until 11 o_clock a.m. of the following session day as herein prescribed. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.
At various times as he deems necessary during the session, the President Pro Tempore is authorized to make a motion to provide for the convening of the Senate in statewide session for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the bill to be taken up, and to adjourn immediately thereafter. Any such motion shall provide the specific dates during which the motion shall apply and shall provide that the Senate must convene at 11:00 a.m. and adjourn not later than 12:30 p.m. on
each such day and such motion must be made at least two (2) days prior to the beginning of the period for which it applies.
A majority of the total number of Senators qualified shall constitute a quorum.
If at any time during the daily session of the Senate it is ascertained that there is not a quorum present, no business shall be in order except a call of the Senate, an order to send for absentees, (as provided for in Rule 3B), a motion to recede for a fixed period of time or to a time certain, or a motion to adjourn. Each of the foregoing motions shall be of equal standing and none shall have priority over the others.
Any member or officer of the Senate who shall absent himself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his or her subsistence while so absent. The Clerk shall maintain a record of those members present on each statewide legislative day.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, at any time during a session when the presence of absent members is required, the Senate, by majority vote of those present shall authorize the Sergeant-at-Arms to send for the absent members who have not been granted leave. In case a less number than a quorum of the Senate shall convene, the members present are hereby authorized to send the Sergeant-at-Arms or any person or persons by them authorized for any or all absent members, as the majority of such members present shall agree. This rule shall apply to the first convention of the Senate each year at the legal time of meeting and to each day of the session after the hour to which the Senate stood adjourned has arrived. When provisions of this Rule are invoked then the outer doors of the antechamber shall be secured and any member within the confines of the chamber and antechamber shall be counted for the purpose of determining a quorum.
The Journal of the Senate shall be prepared and printed daily by the Clerk. Any Senator shall have the right to demand the reading of that portion of the Journal of the previous day containing an error or omission and to move to correct any such errors or omissions. The Clerk must annually compile and publish a permanent Journal of the proceedings of the Senate.
In the publication of the results of a roll call vote, the Clerk shall cause an asterisk to be placed in the Journal beside the name of a Senator reported in the Journal as voting on a question who in fact was not present in the Chamber at the time the vote was taken by the Senate. The Clerk shall cause appropriate notation to be placed in the Journal to indicate that an asterisk on a roll call vote means that the Senator beside whose name the asterisk appears was not present in the Chamber at the time the vote on the question was taken.
When a Senator desires to speak, he shall rise and address the President, and he may not proceed until he is recognized. When two or more Senators rise to speak at the same time, the Senator who first addresses the President as determined by the President shall have the floor and the President shall so announce it.
When a Senator raises a question of order, as provided for in Rule 7, the President shall stop all other debate and allow the Senator raising the question to explain the point of order subject only to a superior question of order.
Every Senator, when speaking, shall address the President, standing in his or her place and when he has finished shall take his or her seat. Senators, when addressing the Senate, may stand at their desk or may go to the podium in the center aisle.
Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his or her consent. To obtain consent, he shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he shall address the President and gain recognition. Once recognized, he shall ask the President, "Does the Senator yield for a question?" The President shall inquire of the member granted the floor "Does the Senator yield?" If the Senator who holds the floor agrees to yield, the President shall so instruct the Senator who wishes to present the question.
If a Senator in speaking, or otherwise, violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he shall sit down and may not proceed without leave of the Senate, unless the President takes the point of order under advisement. The President may call for the Sense of the Senate on any question of order. Every question of order must be decided by the President, without debate, and Senators shall have the right to appeal the decisions of the President to the full Senate. When the decision of the President is appealed, the President Pro Tempore or his or her designee shall preside and the President shall retire from the chamber during the pendency of the appeal and the Senate's debate and action on the motion to appeal. The question before the Senate shall be "Shall the ruling of the President be upheld?" and when put shall be decided by a majority vote.
When a member wishes to introduce a visitor, guest or family member, he shall first gain recognition from the President and shall limit his or her introduction and associated remarks to not more than two minutes.
If a visitor or guest in the Chamber or in the gallery engages in a demonstration of approval or disapproval or creates a disturbance which affects the decorum of the Senate, the Clerk and Sergeant-at-Arms shall take those measures necessary to enforce order.
No Senator shall speak more than twice in any one debate, on the same day, without leave of the Senate.
Any Senator, who absents himself for ten hours or more from the Senate Chamber after due notice that Rule 3 has been invoked, and is not present for two quorum roll calls thereafter which are had more than two hours apart, forfeits his or her right to speak for more than one hour on any matter pertaining to the Bill being debated on that legislative day, unless granted leave by the Senate to speak for a longer period, or unless such member obtains a leave of absence from the Senate either before or after invocation of the Rule.
No Senator shall present any Bill, amendment or other paper, without having first affixed his or her name to such Bill, amendment or other paper. A member who is granted leave to place material on the desks of other members, and who is not the author of or who has not signed the material, shall affix his or her name to a copy of the material and forward that copy to the Clerk prior to distribution of the material. No notice shall be required of a member of his or her intention to introduce a Bill or Resolution. Any member may introduce Bills or Resolutions which shall be received by the Senate staff whether or not the Senate is in session. A member may co-sponsor any Bill or Resolution with the permission of the primary sponsor, provided, that co-sponsors shall not be added after a Bill or Resolution has been introduced. Bills and Resolutions so received shall be periodically referred by the President of the Senate to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the Senate reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the Senate, for second reading consideration.
The Clerk of the Senate shall establish procedures to notify the Senate membership on a monthly basis of Bills and Resolutions introduced during periods when the Journal is not printed.
All Bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.
Reports must be separately made on each Bill or Resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.
No Bill or Joint Resolution may be polled out of a Standing Committee unless at least two-thirds (2/3) of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the Chairman and a copy of the results must be given to the Clerk to be published in the Journal.
Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local and Statewide Calendar.
When a motion is made, with the exception of motions made under Rule 14, it must be reduced to writing, if desired by any member, delivered at the desk, and read before the same is debated; provided, however, that the request to have a motion reduced to writing shall not cause the mover of such motion to lose the floor. Any motion may be withdrawn by the mover at any time prior to being put before the body. Thereafter, it may be withdrawn only with the unanimous consent of the Senate. No motion may be made concerning a matter which has gone out of the possession of the Senate except a motion to recall, and if the same should prevail, the Clerk shall send an appropriate message requesting a return of the matter.
No motion for the reconsideration of any vote shall be in order unless the matter is in the possession of the Senate, nor shall any motion to reconsider be in order unless made within the next two statewide legislative days of the actual session of the Senate thereafter, and by a Senator voting with the prevailing side. A motion to reconsider may be made immediately after the act or motion to which it applies has occurred, during the motion period or during the time between the call of orders of business.
Any member may rise to a point of personal privilege provided that a point of personal privilege shall be defined as questions affecting the rights, reputation and conduct of members of the body in their representative capacity.
A point of personal privilege must relate to persons as members of the body or relate to charges against the character of a member which charges, if true, would affect the rights of membership.
A member rising to a point of personal privilege must confine his or her remarks to those matters which concern the member personally and has only the right to defend himself and no other persons.
All other remarks made by a member shall be regarded as a point of personal interest and when a member is recognized for a point of personal interest, such remarks shall in all cases be limited to not more than five (5) minutes.
When a question is under debate, no motion shall be entertained but
1. To adjourn
2. To adjourn to a date and time certain
3. To recede for a fixed period of time or to a time certain
4. To take up order of the day
5. To continue
6. To lay on the table
7. To adjourn debate to a certain day or to adjourn debate
8. To carry over
9. To strike out the enacting clause
10. To commit
11. To amend
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.
Provided, however, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is made by the President Pro Tempore his or her designee or the next most senior senator if the President Pro Tempore is absent, the Senator having the floor may retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by the Senator who has the floor or by the President Pro Tempore as provided herein, shall be in order for any Bill in the status of Interrupted Debate. The failure of a motion to carry over by an individual Senator or by the President Pro Tempore shall not cause the member who has the floor to lose the floor.
When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.
A motion to ratify acts may only be made by the President Pro Tempore or his or her designee and may be made at any time.
Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.
Except for any Reapportionment Bill, the debate on any Bill, motion, or other matter which has been pending before the Senate for a minimum of four (4) hours and the time such Bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-nine (29) members of the Senate. Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made by any member and shall not be subject to amendment or debate.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer, not to exceed twenty (20) minutes.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any Reapportionment Bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and no vote the question:
"Is it the Sense of the Senate that the debate shall be brought to a close?"
And if that question shall be decided in the affirmative by twenty-nine (29) members of the Senate, then said measure pending before the Senate, or unfinished business, shall be the unfinished
business of the Senate to the exclusion of all other business until disposed of.
Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.
Except for any reapportionment Bill and notwithstanding the provisions of Rule 14, the President Pro Tempore or his or her designee or the next most senior senator if the President Pro Tempore is absent shall have the right to make a motion to establish a schedule for a future date and time for the vote on any Bill, motion or other matter which is in the status of Interrupted Debate, Adjourned Debate or Special Order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty-nine (29) members of the Senate and if adopted, then the Bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters.
Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce". When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result and shall be recorded as provided for in Rule 4.
In taking the ayes and noes, and upon a call of the Senate, the names of the Senators shall be called alphabetically. Under the call of the ayes and noes every Senator present must give his or her vote one way or the other unless excused by the Senate.
Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.
When the Senate is equally divided on any question, the Clerk shall take the decision of the President, who may assign the reason of his or her vote.
If a question in debate contains several points, any Senator may have the same divided; but on a motion to strike out and insert it shall not be in order to move for a division of the question; but a rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion to simply strike out prevent a subsequent motion to strike out and insert.
The Standing Committees of the Senate shall be as follows and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are herein below enumerated for each of the Committees:
Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49
Banking and Insurance - Titles 29, 34, 35, 36, 37, and 38
Corrections and Penology - Titles 2 (community corrections), and 24
Education - Titles 51, 59, and 60 (school governance & structure at all levels)
Ethics
Finance - Titles 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12
Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, and 50
General Committee - Titles 25, 39, 43, and 52
Invitations
Judiciary - Constitution, Titles 1, 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 39, 42, 53, 56 (criminal offenses), 58, 61, and 62
Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, 45, and 51
Medical Affairs - Titles 39, 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)
Rules - Senate Rules, Joint Rules
Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)
(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18), except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.
(2) In addition to the above listed Standing Committees, there shall be two (2) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmen_s Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmen_s Committee and Interstate Cooperation Committee shall in all cases be the President Pro Tempore or the most senior senator serving thereon.
(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations, and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) Standing Committee but may chair a Standing Committee and a Special Committee concurrently.
(4) Members of the Senate shall make their committee selections at the commencement of the session following the election of Senator(s) or at such session called for that purpose. For the members to make their Standing Committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll twice. Each member, upon his or her name being called during the first call of the roll, shall select four (4) unfilled Standing Committees on which he wishes to serve (and shall also select at this same time a seat on each or all of the Ethics, Invitations and Interstate Cooperation Committees so long as a vacancy exists). When the roll is called the second time, each member upon his or her name being called, shall select one additional unfilled Standing Committee on which he wishes to serve. In the event any member is unable to be present for selection of Standing Committees, that member may authorize in writing any member of the Senate to make selections in his or her behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a Standing Committee in the session immediately past shall have the right to serve on such committee regardless of the Senator_s seniority in the Senate, unless the Senator shall elect to be removed from such committee.
(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(6) Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.
(7) Committee seniority shall be determined by tenure within the committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.
(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.
(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each committee by a majority vote.
(10) Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Senate may order by majority vote on the motion of any member at the time the matter is before the Senate and subject to referral.
(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee.
(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen_s Committee and any additional meeting may be called by individual Committee Chairmen.
Every Tuesday 3:00 p.m. -
Finance and Judiciary
1st and 3rd Wednesday 9:00 a.m. - Education
10:00 a.m. -
Fish, Game & Forestry
3:00 p.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. -
Medical Affairs and General
3:00 p.m. -
Banking & Insurance
1st and 3rd Thursday 9:00 a.m. -
Corrections & Penology
Agriculture & Natural
Resources
2nd and 4th Thursday 9:00 a.m. -
Labor, Commerce & Industry
The Rules Committee, Ethics Committee, Chairmen's Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from canceling a committee meeting.
The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted at least 24 hours in advance whenever feasible.
All questions relating to the priority of business to be acted upon shall be settled without debate.
After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted.
All Bills or Joint Resolutions when first read shall be referred to the appropriate committees. After the expiration of five legislative days from the date of reference, any Bill, or Joint or Concurrent Resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present; before the expiration of five days from the date of reference, any Bill, or Joint or Concurrent Resolution may be recalled from committee by the vote of three-fourths (3/4) of the Senators present.
All Concurrent Resolutions which invite persons to address the General Assembly in joint session shall be referred to the Invitations Committee and shall only be voted on by the Senate after they have been approved by a majority of the members of such committee. The provisions of this paragraph shall not apply to Concurrent Resolutions which invite, in the opinion of the Chairman of the Invitations
Committee, persons of national prominence to address the General Assembly. The Clerk is authorized to endorse Concurrent Resolutions expressing congratulatory messages or sympathy without a reading.
All Bills when placed on the Calendar shall be printed and distributed to the Senators.
No clause shall be inserted in a Bill unless the same relates to the subject of the Bill. The subject of the Bill shall be defined as any matter falling within the ambit of the Title of the Code of Laws expressed in the title of the bill or which logically falls within the specific subject matter as described in the title of the Bill where no Title of the Code of Laws is referenced. Matter which is germane to the subject of the General Appropriation Bill and any Supplemental Appropriation Bill shall be defined as those things which reasonably and inherently directly relate to the raising and spending of revenue for or in the fiscal year for which the bill applies.
No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds (2/3) of the members thereof at a duly called meeting of the Committee; and the Chairman of the Committee shall certify thereon that this rule has been complied with.
The final question upon the second reading of every Bill, Resolution, Constitutional Amendment (or motion originating in the Senate), and requiring three readings previous to being passed, shall be, "Shall it pass and be ordered to a third reading?"
No amendment shall be received on third reading of a Bill, unless notice be given upon second reading, or unless unanimous consent of the Senate be obtained. Any amendment or Bill adopted on second reading may be further amended on third reading, provided previous notice of general amendments has been given.
Whenever an amendment is received on a third reading of any Bill, Resolution, amendment, or motion, the same shall be debatable.
It shall at all times be in order before the final passage of any such Bill, Resolution, Constitutional Amendment, or motion, to move its commitment; and should such commitment take place, and amendment be reported by the Committee, the said Bill, Resolution, Constitutional Amendment, or motion, shall be again considered and read a second time.
Any Bill or Resolution affecting the expenditure of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Budget Office as may appear appropriate regarding its effect on the finances of the State.
Any Bill or Resolution affecting the expenditure of money by any county, municipality, school district, or special purpose district within the State shall, prior to receiving second reading, have attached to it in writing a statement by the Committee Chairman that the passage of such Bill or Resolution may affect the revenue of counties, municipalities, school districts, or special purpose districts.
Failure to comply with the provisions of this rule does not limit debate on such a Bill or Resolution prior to the question of second reading.
The provisions of this section shall not apply where the exact amount of money to be spent or expended is clearly set out in the Bill or Resolution.
Senators, when presenting petitions, memorials or reports, or introducing Bills or Resolutions, may make a brief statement on the subject matter of such report, Bill or Resolution as the President in his or her discretion shall deem appropriate, or send it to the President, when it shall be read by the Reading Clerk, unless otherwise ordered.
All messages to the House of Representatives shall be sent by the Clerk, as required by the actions of the Senate.
The Clerk shall be charged with the duty of having executed, in a proper and accurate manner, the printing ordered by the Senate or provided in the Rules; provided, however, that notwithstanding any other rule to the contrary, any Resolution which expresses sympathy, congratulations or commendation shall be printed in the Senate Journal by title only unless a member requests that the full text of the Resolution be printed in the Journal.
At the close of every bi-annual session the members of the Senate shall be required to hand in to the Clerk all petitions not reported on, and all papers in any way appertaining to the legislative business of the Senate, that the same may be regularly filed in his or her office.
When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk
of the Senate, the Reading Clerk, and the Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.
All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate in accordance with the provisions of Rule 19 which are applicable to the reference of bills. Such appointment shall be considered at the next meeting of such committee or such other time as the committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in Executive Session upon the vote of two-thirds (2/3) of the members of the committee present and voting. Any information or material provided to or developed by the committee in an Executive Session and any communications between a Committee Chairman and the appointing authority must be held confidential and only reported to the full Senate in Executive Session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in Executive Session. All committee reports on any appointments shall be made in Executive Session unless the Senate directs otherwise by a majority vote.
Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or purposes of the Executive Session as specified by the member making the motion. No final action may be taken by the Senate in the Executive Session on appointments. For the purpose of this Rule, _final action_ means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in Executive Session, and the confirmation of appointments must be voted on in open session.
When the Senate rises from an Executive Session and the report of an Executive Session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to
this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.
Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) shall be kept secret.
Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.
Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.
1. Called to Order by the President
2. Prayer by the Chaplain
3. Pledge of Allegiance
4. Receipt of Communications
5. Introduction and reference of new Bills and Resolutions
6. Call of the Uncontested local and statewide Calendar
7. Interrupted Debate
8. Motion Period
9. Adjourned Debate
10. Special Order
11. Call of the contested statewide Calendar
12. Call of the contested local Calendar
The order of business above provided for may be varied by vote of three-fourths (3/4) of the Senators present and any order or business already completed may be reverted to in any legislative day by the vote of two-thirds (2/3) of the Senators present. A motion to vary the order of the day shall be in order, prior to, or at the completion of, any orders enumerated above or during the motion period and any such motion shall be decided without debate.
For the order of business designated as Interrupted Debate there shall not be more than one (1) Bill in this status at any one time provided however, that this limitation shall not apply to the General Appropriation Bill. For the order of business designated as Adjourned Debate there shall not be more than two (2) Bills in this status at any one time and for the order of business designated as Special Order there shall not be more than three (3) Bills in this status at any one time. Provided that of the three (3) Special Order slots, one (1) shall be reserved exclusively for Bills which are the subject of motions authorized by the Chairmen_s Committee and made by the President Pro Tempore or his or her designee. The Bill occupying the slot reserved for Bills made Special Order on motion of the Chairmen_s Committee shall have a unique notation to call such status to the Senate_s attention.
During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a Bill for Special Order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate; provided, that procedural motions which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.
During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent legislative day shall be in order irrespective of whether the Bill or Resolution was given a reading on the legislative day the motion is made. Said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized by eight (8) members of the Chairmen_s Committee, a motion to set a bill for Special Order, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one Bill which is set for Special Order by a motion authorized by the Chairmen_s Committee. During the motion period, no Bill or Resolution can be made a Special Order ahead of Bills or Resolutions which have already been placed in the status of Adjourned Debate.
If a Bill is set for Special Order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.
When a bill is under debate, any Senator may move to continue a matter as provided for in Rule 14, to the 2nd, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be continued only to the next regular session unless otherwise specified in the motion. The Clerk of the Senate shall make up a Calendar of all matters so continued, placing the same thereon in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued. Matters ordered to be placed in the General Orders at the said ensuing session shall be placed there in turn and have priority according to the last order for consideration made upon them, and the Calendar shall be proceeded in as hereinbefore provided.
No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws; a candidate or acting on behalf of a candidate for an office elected by the General Assembly or confirmed or elected by either the House or Senate; or a member of the governing body or employee of any state agency or department; the Governor and his or her Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators_ staff, and Lieutenant Governor_s staff, as the President of the Senate or any Member or Officer of the Senate may see fit to invite to a seat behind the rail. Members of the House of Representatives and former Members of the General Assembly, not subject to the foregoing limitations shall be allowed on the floor of the Senate inside the rail.
Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated, shall be allowed beyond the outer doors of the Senate antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.
The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests.
Any member who wishes to have the privilege of the area of the floor behind the rail granted to a guest shall make such request, in writing, to the Chairman of the Senate Invitations Committee not less than two weeks prior to the date for which the request is made. Upon affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee, the Chairman of the Committee is authorized to grant access to the area behind the rail for a limited period of time and with such conditions and limitations as the Chairman and/or the Committee deems appropriate. If the number of guests involved exceeds more than half of the maximum seating capacity in the area behind the
rail, then the committee shall direct that these guests be seated in the balcony.
Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written request so specifies and the committee approves the request. A motion to grant the privilege of the floor within the rail may only be made by the Chairman or Vice Chair of the Invitations Committee.
Any request to grant the privilege of the floor to address the body from the podium must be made in writing to the Chairman of the Invitations Committee two weeks prior to the date for which the request is made. Upon an affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee to grant such a request, the committee must introduce a Senate Resolution to that effect. The Senate must adopt this Resolution by majority vote of the entire membership.
The use of the Senate Chamber is restricted to statewide sessions of the Senate or such other meetings of the Senate or its committees as the Senate may, by Resolution, authorize. The use of the Senate Chamber for meetings by outside groups or individuals is limited to normal business hours on Monday through Friday and is prohibited unless authorized by a vote of the Senate upon a favorable recommendation of the Senate Invitations Committee. Incidental use or visitation by individuals or group tours may be authorized by the Clerk of the Senate.
Reporters of public journals, upon application to the Clerk of the Senate, shall be assigned such places for the execution of their duties as shall not interfere with the convenience of the Senate. Any reporter for whom such application is made shall, in addition to the assigned places, be allowed free access to the Senate Antechamber during the time the Senate convenes and adjourns each legislative day. Reporters of the public journals shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate. Still photographers, upon application to the Clerk of the Senate, shall be granted access to the floor, behind the rail, for the exclusive purpose of taking photographs and upon completion of their assignment shall retire from the floor.
Every Bill shall receive three different readings, on three different days previous to its being passed, and the President shall give notice of each, whether it be the first, second, or third reading. All Resolutions to which the approval and signature of the Governor may be requisite, or which may grant money out of the contingent or any other fund, shall be treated in all respects, as to introduction and form of proceedings on them in the Senate, as Bills. All other Resolutions and Reports of standing, special, conference and free conference Committees shall lie on the table one statewide legislative day for consideration provided, however, that during the six (6) statewide legislative days preceding the date set for sine die adjournment the one day requirement as to a specific Resolution or report of a committee may only be suspended by a vote of twenty-seven (27) members of the Senate.
The first and third readings of each Bill shall be by its title only; provided, that on each second reading the Bill shall be read in full on the demand of any Senator.
A motion to refer to a Standing Committee shall take precedence over a motion to refer to a Special Committee.
No Bill or Joint Resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of the members at least one day previous to such reading.
Every Bill or Joint Resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes, or of any Act of Assembly or Joint Resolution, shall in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. Every Bill or Joint Resolution proposing to amend any Section or Sections of any Chapter of the General Statutes, or of any Act or Joint Resolution, shall give the full text of the said Section or Sections, as it or they would read with such amendment or amendments inserted therein.
Broadcast media shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate.
A committee composed of the President of the Senate, the Clerk of the Senate and the Chairman of the Judiciary, Finance and Rules Committees shall have full authority to regulate, supervise and fix times of broadcasts of the proceedings of the Senate by radio or television and the most senior senator serving thereon shall be the chairman.
In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in Jefferson_s Manual of Parliamentary Practice.
Any Rule of the Senate or severable portion of a rule of the Senate may be suspended by unanimous consent of the Senate. Without unanimous consent one day_s previous notice shall be given of a motion
to suspend any of the rules or severable portion thereof. A motion to suspend shall require a vote of two-thirds (2/3) of the membership of the Senate.
Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds (2/3) vote of the total membership of the Senate.
The Clerk of the Senate shall have these rules recorded in a permanent book which shall be kept at all times in the Senate Chamber. All permanent changes in the rules after they have been adopted shall be recorded in a Permanent Rule Book and certified by the Clerk of the Senate.
(a) In the Senate there shall be a Committee on Ethics, consisting of ten (10) members and the committee has the following powers and duties:
(1) To receive complaints or charges from any citizen of this State or member of the Senate against members, officers and employees of the Senate concerning conduct alleged to be unethical. Only sworn written complaints or charges may be considered.
(2) To investigate such complaints and charges and, if warranted, to report the results of such investigation to the Senate with recommendations for further appropriate action as authorized by law.
(3) Upon request of any member, officer, or employee of the Senate to render advisory opinions with regard to legislative ethics when, in their judgment, such opinions would serve the public interest.
(4) To make available annually to the Senate a compilation of the principles set forth in advisory opinions rendered.
(b) All papers, documents, complaints, charges, requests for advisory opinions, and any other material required to be filed with or received by the committee, and all such documents or materials are to repose in the office of the Clerk of the Senate and as necessary or appropriate are to be handled by the Clerk as strictly confidential unless made public by the committee in a report to the Senate.
All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the committee must disclose in Executive Session, any confidential final determination or action of the committee as is necessary for the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate Standing Committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation.
The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his or her accusers and the witnesses against him at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing.
(c) In conjunction with the proceedings specified in Rule 44.1 of the Rules of the Senate, the President Pro Tempore, and the Senate Ethics Committee on behalf of the entire Senate, may receive:
(1) certified copies of any indictment or information for a felony or offense against the election laws filed or returned against any member of the Senate;
(2) certified copies of any plea of guilty or nolo contendere to the felony entered by any member of the Senate;
(3) certified copies of any conviction of a member for the felony;
(4) certified copies of any opinion, order, or judgment of any court, state or federal, trial or appellate, relating to any of the aforementioned matters;
(d) no member may vote on the question of his or her expulsion from the Senate.
(a) If an indictment, information on a felony, or a warrant for the offenses provided in Sections 7-13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of Laws, is filed, returned, or issued against a member of the Senate, the member indicted, charged or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.
If the indictment, charge or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.
(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member_s term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.
(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member_s term, whichever occurs first. If no appeal is taken by the member convicted, or if his or her appeal is denied, or if the final appellate decision is to sustain the conviction and the member_s resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member_s expulsion in accordance with Section 12 of Article III of the Constitution of this State.
If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.
(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to other action authorized pursuant to Article III, Section 12 of the Constitution or other Senate rule. Pursuant to the Constitution and except as provided herein, a member may not be disciplined, suspended, or expelled without a vote of the Senate.
Whenever an election in Joint Assembly is to be held by the General Assembly to fill offices which require election by the General Assembly, the President of the Senate shall notify the Chairman of the Standing Committee of the Senate which would be most concerned with the office or offices to be filled by the election, which Chairman shall thereupon appoint four Senators from his or her committee to serve on the Joint Senate-House Committee to consider qualifications of candidates to be elected. All appointments to such joint committees shall be recorded in the Senate Journal.
The Clerk may record on magnetic tape or similar device the following proceedings on the floor of the Senate:
(1) Congratulatory remarks
(2) Speeches
(3) Points of Order and Rulings of the Chair regarding such points and such other proceedings as the Clerk determines necessary.
Bills received after May 1 shall be received, read and referred to the appropriate committee but are not eligible to be taken up until the next regular session unless upon the report of such a bill by a committee it receives a two thirds (2/3) vote of the membership of the Senate to be placed on the calendar. Any bill failing to receive the required vote shall be returned to the committee. The committee report on any such bill received after the May 1 deadline shall clearly indicate that the bill had been received after May 1 and is subject to this rule.
A Point of Order to enforce the provisions of this rule shall be valid until the Bill which is the subject of the Point of Order is printed and has been laid on the desks of the members in compliance with Rule 39.
All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. The committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual Senators may attend functions at any club without being censored or prejudiced in any manner.
The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended). The committee shall make copies of any such procedure available upon request.
No Resolution of a condemnatory nature shall be considered by the Senate unless it has been sent to the appropriate committee at least twenty-four (24) hours prior to such consideration.
The question of granting of free conference powers and the question of adoption of a free conference report shall require an affirmative vote of two-thirds (2/3) of the membership of the Senate.
On the question of an act returned from the Governor with his or her objections, the presiding officer shall submit the following question to the Senate:
"Shall the act become law, the veto of the Governor to the contrary notwithstanding?"
And if that question shall be decided in the affirmative by two-thirds (2/3) of the members of the Senate present and voting, then the Governor_s veto is overridden.
Notwithstanding the provisions of Rule 43, any of the provisions of these rules shall be subject to amendment by a majority vote of the Senate through the last legislative day of the week of January 20, 1997.
The Senate proceeded to a selection of committee assignments as follows:
Leventis, Phil, Chairman
Land, John C., III
Setzler, Nikki
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, J. Yancey
O_Dell, William H.
Cork, Holly A.
Glover, Maggie W.
Jackson, Darrell
Lander, James A.
Waldrep, Robert L., Jr.
Elliott, Dick
Reese, Glenn G.
Hutto, C. Bradley
Ravenel, Arthur
Anderson, Ralph
Williams, DeWitt
Saleeby, Edward E., Chairman
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
Courson, John E.
Matthews, John W., Jr.
Courtney, C. Tyrone
Thomas, David L.
Patterson, Kay
Passailaigue, Ernest L., Jr.
Rose, Michael T.
Reese, Glenn G.
Hayes, Robert W., Jr.
Elliott, Dick
Russell, John R.
Jackson, Darrell
Martin, Larry A.
Rankin, Luke
Thomas, David L., Chairman
Land, John C., III
Bryan, James E., Jr.
Giese, Warren K.
Saleeby, Edward E.
Wilson, Joe
Patterson, Kay
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Ryberg, Greg
McConnell, Glenn F.
Hayes, Robert W., Jr.
Lander, James A.
Fair, Michael L.
Washington, McKinley, Jr.
Cork, Holly A.
Anderson, Ralph
Setzler, Nikki, Chairman
Saleeby, Edward E.
Bryan, James E., Jr.
Giese, Warren K.
Matthews, John W., Jr.
Wilson, Joe
Courson, John E.
Russell, John R.
Washington, McKinley, Jr.
Hayes, Robert W., Jr.
Cork, Holly A.
Glover, Maggie W.
Lander, James A.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.
Waldrep, Robert L., Jr.
Anderson, Ralph
Leatherman, Hugh K., Sr., Chairman
Saleeby, Edward E.
Land, John C., III
Holland, Donald H.
McConnell, Glenn F.
Peeler, Harvey S., Jr.
Courson, John E.
Giese, Warren K.
Smith, J. Verne
Leventis, Phil P.
Drummond, John, Chairman
Smith, J. Verne
Land, John C., III
Setzler, Nikki
Leatherman, Hugh K.
Leventis, Phil
Peeler, Harvey S., Jr.
Giese, Warren K.
Thomas, David L.
Patterson, Kay
McGill, J. Yancey
Courson, John E.
Matthews, John W., Jr.
O_Dell, William H.
Passailaigue, Ernest L., Jr.
Washington, McKinley, Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.
Peeler, Harvey S., Jr., Chairman
Drummond, John
Holland, Donald H.
Land, John C., III
McGill, J. Yancey
Passailaigue, Ernest L., Jr.
Rose, Michael T.
Elliott, Dick
Gregory, Greg
Waldrep, Robert L., Jr.
Leventis, Phil P.
Moore, Thomas L.
Giese, Warren K.
Courtney, C. Tyrone
Leatherman, Hugh
Hutto, C. Bradley
Ravenel, Arthur
Williams, DeWitt
Wilson, Joe, Chairman
Holland, Donald H.
Moore, Thomas L.
Thomas, David L.
O_Dell, William H.
Washington, McKinley
Courtney, C. Tyrone
Russell, John R.
Martin, Larry A.
Mescher, William
Ryberg, Greg
Short, Linda H.
Courson, John E.
Alexander, Thomas C.
Fair, Michael L.
Gregory, Greg
Ravenel, Arthur
Williams, DeWitt
Drummond, John, Chairman
Holland, Donald H.
Smith, J. Verne
Setzler, Nikki G.
Leatherman, Hugh K.
Courson, John E., Chairman
Wilson, Joe
Matthews, John W., Jr.
Patterson, Kay
Russell, John R.
O_Dell, William H.
Passailaigue, Ernest L., Jr.
Rose, Michael T.
McGill, J. Yancey
Washington, McKinley
Holland, Donald H., Chairman
Saleeby, Edward E.
McConnell, Glenn F.
Bryan, James E., Jr.
Wilson, Joe
Moore, Thomas L.
Russell, John R.
Rose, Michael T.
Courtney, C. Tyrone
Cork, Holly A.
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Jackson, Darrell
Lander, James A. "Jim"
Martin, Larry A.
Mescher, William
Rankin, Luke
Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O_Dell, William H.
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
Courtney, C. Tyrone
Elliott, Dick
Ford, Robert
Lander, James A. "Jim"
Mescher, William
Ryberg, Greg
Alexander, Thomas C.
Leatherman, Hugh
Moore, Thomas L., Chairman
Smith, J. Verne
Peeler, Harvey S., Jr.
Bryan, James E., Jr.
Courson, John E.
Giese, Warren K.
Thomas, David L.
Washington, McKinley, Jr.
Rose, Michael T.
Hayes, Robert W., Jr.
Cork, Holly A.
Ford, Robert
Jackson, Darrell
Short, Linda H.
Alexander, Thomas C.
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
McConnell, Glenn F., Chairman
Smith, J. Verne
Drummond, John
Bryan, James E., Jr.
Reese, Glenn G.
Holland, Donald H.
Martin, Larry A.
Rankin, Luke
Matthews, John W., Jr.
Russell, John R.
McGill, J. Yancey
Short, Linda H.
Patterson, Kay
Passailaigue, Ernest L., Jr.
Ford, Robert
Glover, Maggie
Alexander, Thomas
Williams, DeWitt
Land, John C., III, Chairman
Leatherman, Hugh K.
Leventis, Phil
Wilson, Joe
Patterson, Kay
McGill, J. Yancey
O_Dell, William H.
Rose, Michael T.
Elliott, Dick
Rankin, Luke
Ryberg, Greg
Short, Linda H.
Waldrep, Robert L., Jr.
Alexander, Thomas C.
Fair, Michael L.
Peeler, Harvey S., Jr.
Hutto, C. Bradley
Ravenel, Arthur
ALEXANDER, THOMAS C.
General
Labor, Commerce and Industry
Medical Affairs
Rules
Transportation
ANDERSON, RALPH
Agriculture and Natural Resources
Corrections and Penology
Education
Medical Affairs
BRYAN, JAMES E., JR.
Corrections and Penology
Education
Judiciary
Medical Affairs
Rules
CORK, HOLLY A.
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Medical Affairs
COURSON, JOHN E.
Banking and Insurance
Education
Ethics
Finance
General
Invitations, Chairman
Medical Affairs
COURTNEY, C. TYRONE
Banking and Insurance
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry
DRUMMOND, JOHN
Finance, Chairman
Fish, Game and Forestry
Interstate Cooperation, Chairman
Labor, Commerce and Industry
Rules
ELLIOTT, DICK
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Labor, Commerce and Industry
Transportation
FAIR, MICHAEL L.
Corrections and Penology
General
Medical Affairs
Transportation
FORD, ROBERT
Corrections and Penology
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
GIESE, WARREN K.
Corrections and Penology
Education
Ethics
Finance
Fish, Game and Forestry
Medical Affairs
GLOVER, MAGGIE W.
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Rules
GREGORY, GREG
Corrections and Penology
Fish, Game and Forestry
General
Judiciary
HAYES, ROBERT W., JR.
Banking and Insurance
Corrections and Penology
Education
Finance
Medical Affairs
HOLLAND, DONALD H.
Ethics
Fish, Game and Forestry
General
Interstate Cooperation
Judiciary, Chairman
Rules
HUTTO, C. BRADLEY
Agriculture and Natural Resources
Fish, Game and Forestry
Medical Affairs
Transportation
JACKSON, DARRELL
Agriculture and Natural Resources
Banking and Insurance
Judiciary
Medical Affairs
LAND, JOHN C., III
Agriculture and Natural Resources
Corrections and Penology
Ethics
Finance
Fish, Game and Forestry
Transportation, Chairman
LANDER, JAMES A. "JIM"
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Labor, Commerce and Industry
LEATHERMAN, HUGH K.
Banking and Insurance
Ethics, Chairman
Finance
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
Transportation
LEVENTIS, PHIL
Agriculture and Natural Resources, Chairman
Ethics
Finance
Fish, Game and Forestry
Labor, Commerce and Industry
Transportation
MARTIN, LARRY A.
Banking and Insurance
General
Judiciary
Rules
MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Finance
Invitations
Rules
McCONNELL, GLENN F.
Banking and Insurance
Corrections and Penology
Ethics
Judiciary
Labor, Commerce and Industry
Rules, Chairman
McGILL, J. YANCEY
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
Invitations
Rules
Transportation
MESCHER, WILLIAM
Education
General
Judiciary
Labor, Commerce and Industry
MOORE, THOMAS L.
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry
Medical Affairs, Chairman
O_DELL, WILLIAM H.
Agriculture and Natural Resources
Finance
General
Invitations
Labor, Commerce and Industry
Transportation
PASSAILAIGUE, ERNEST L., Jr.
Banking and Insurance
Finance
Fish, Game and Forestry
Invitations
Labor, Commerce and Industry
Rules
PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Finance
Invitations
Rules
Transportation
PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry, Chairman
Medical Affairs
Transportation
RANKIN, LUKE
Banking and Insurance
Education
Judiciary
Rules
Transportation
RAVENEL, ARTHUR
Agriculture and Natural Resources
Fish, Game and Forestry
General
Transportation
REESE, GLENN G.
Agriculture and Natural Resources
Banking and Insurance
Finance
Labor, Commerce and Industry
Rules
ROSE, MICHAEL T.
Banking and Insurance
Fish, Game and Forestry
Invitations
Judiciary
Medical Affairs
Transportation
RUSSELL, JOHN R.
Banking and Insurance
Education
General
Invitations
Judiciary
Rules
RYBERG, GREG
Corrections and Penology
General
Labor, Commerce and Industry
Transportation
SALEEBY, EDWARD E.
Banking and Insurance, Chairman
Corrections and Penology
Education
Ethics
Judiciary
Labor, Commerce and Industry
SETZLER, NIKKI
Agriculture and Natural Resources
Banking and Insurance
Education, Chairman
Finance
Interstate Cooperation
Labor, Commerce and Industry
SHORT, LINDA H.
Education
General
Medical Affairs
Rules
Transportation
SMITH, J. VERNE
Ethics
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules
THOMAS, DAVID L.
Banking and Insurance
Corrections and Penology, Chairman
Finance
General
Medical Affairs
WALDREP, ROBERT L., Jr.
Agriculture and Natural Resources
Education
Fish, Game and Forestry
Transportation
WASHINGTON, McKINLEY
Corrections and Penology
Education
Finance
General
Invitations
Medical Affairs
WILLIAMS, DEWITT
Agriculture and Natural Resources
Fish, Game and Forestry
General
Rules
WILSON, JOE
Corrections and Penology
Education
General, Chairman
Invitations
Judiciary
Transportation
{Clerk's Note: During the second round of committee selections by the membership of the Senate, on Tuesday, January 14, 1997, on motion of Senator PATTERSON, with the unanimous consent of the Senate, Senator PATTERSON gave up his seat on Education to Senator ANDERSON and Senator ANDERSON gave up his seat on Transportation to Senator PATTERSON.
On Wednesday, January 15, 1997, a motion was adopted, with unanimous consent, for Senator PASSAILAIGUE to give up his seat on the Committee on Transportation to Senator RAVENEL and for Senator RAVENEL to give up his seat on the Committee on Rules to Senator PASSAILAIGUE. The changes resulting from these motions are incorporated in the Committee listings as hereinabove published.}
The Senate proceeded to the election of Chairmen of Standing Committees as follows:
Senator DRUMMOND nominated Senator LEVENTIS as Chairman of the Committee on Agriculture and Natural Resources, moved that the nominations be closed, and that Senator LEVENTIS be elected by acclamation.
Senator LEVENTIS was elected Chairman of the Committee on Agriculture and Natural Resources by acclamation.
Senator DRUMMOND nominated Senator SALEEBY as Chairman of the Committee on Banking and Insurance, moved that the nominations be closed, and that Senator SALEEBY be elected by acclamation.
Senator SALEEBY was elected Chairman of the Committee on Banking and Insurance by acclamation.
Senator DRUMMOND nominated Senator THOMAS as Chairman of the Committee on Corrections and Penology, moved that the nominations be closed, and that Senator THOMAS be elected by acclamation.
Senator THOMAS was elected Chairman of the Committee on Corrections and Penology by acclamation.
Senator DRUMMOND nominated Senator SETZLER as Chairman of the Committee on Education, moved that the nominations be closed, and that Senator SETZLER be elected by acclamation.
Senator SETZLER was elected Chairman of the Committee on Education by acclamation.
Senator DRUMMOND nominated Senator LEATHERMAN as Chairman of the Committee on Ethics, moved that the nominations be closed, and that Senator LEATHERMAN be elected by acclamation.
Senator LEATHERMAN was elected Chairman of the Committee on Ethics by acclamation.
Senator MOORE nominated Senator DRUMMOND as Chairman of the Committee on Finance, moved that the nominations be closed, and that Senator DRUMMOND be elected by acclamation.
Senator DRUMMOND was elected Chairman of the Committee on Finance by acclamation.
Senator DRUMMOND nominated Senator PEELER as Chairman of the Committee on Fish, Game and Forestry, moved that the nominations be closed, and that Senator PEELER be elected by acclamation.
Senator PEELER was elected Chairman of the Committee on Fish, Game and Forestry by acclamation.
Senator DRUMMOND nominated Senator WILSON as Chairman of the General Committee, moved that the nominations be closed, and that Senator WILSON be elected by acclamation.
Senator WILSON was elected Chairman of the General Committee by acclamation.
Senator HOLLAND nominated Senator DRUMMOND as Chairman of the Committee on Interstate Cooperation, moved that the nominations be closed, and that Senator DRUMMOND be elected by acclamation.
Senator DRUMMOND was elected Chairman of the Committee on Interstate Cooperation by acclamation.
Senator DRUMMOND nominated Senator COURSON as Chairman of the Committee on Invitations, moved that the nominations be closed, and that Senator COURSON be elected by acclamation.
Senator COURSON was elected Chairman of the Committee on Invitations by acclamation.
Senator DRUMMOND nominated Senator HOLLAND as Chairman of the Committee on Judiciary, moved that the nominations be closed, and that Senator HOLLAND be elected by acclamation.
Senator HOLLAND was elected Chairman of the Committee on Judiciary by acclamation.
Senator DRUMMOND nominated Senator J. VERNE SMITH as Chairman of the Committee on Labor, Commerce and Industry, moved that the nominations be closed, and that Senator J. VERNE SMITH be elected by acclamation.
Senator J. VERNE SMITH was elected Chairman of the Committee on Labor, Commerce and Industry by acclamation.
Senator DRUMMOND nominated Senator MOORE as Chairman of the Committee on Medical Affairs, moved that the nominations be closed, and that Senator MOORE be elected by acclamation.
Senator MOORE was elected Chairman of the Committee on Medical Affairs by acclamation.
Senator DRUMMOND nominated Senator McCONNELL as Chairman of the Committee on Rules, moved that the nominations be closed, and that Senator McCONNELL be elected by acclamation.
Senator McCONNELL was elected Chairman of the Committee on Rules by acclamation.
Senator DRUMMOND nominated Senator LAND as Chairman of the Committee on Transportation, moved that the nominations be closed, and that Senator LAND be elected by acclamation.
Senator LAND was elected Chairman of the Committee on Transportation by acclamation.
Senator PEELER rose to a Point of Personal Privilege.
The PRESIDENT appointed Senators DRUMMOND, PATTERSON and McCONNELL to inform the Governor that the Senate was organized and was ready to proceed with business.
The PRESIDENT appointed Senators ANDERSON, CORK and MOORE to inform the House of Representatives that the Senate was organized and was ready to proceed with business.
Senator SETZLER moved that the Senate proceed to the Morning Hour for the Introduction of Bills and Resolutions.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator LEATHERMAN, the 1996 Ethics Committee Opinions were ordered printed in the Journal as follows:
TO: MEMBERS, SOUTH CAROLINA SENATE
FROM: SENATE COMMITTEE ON ETHICS
DATE: JANUARY 16, 1996
RE: OPINION 1996-1
The Senate Committee on Ethics has received the following questions that we feel should be answered with this Opinion:
1) Is a person who has filed a form E4A.1 - Campaign Disclosure Form and a form EA8.1 - Committee Statement of Organization, who is soliciting campaign funds by mail and other methods indeed a candidate and subject to The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995?
2) If that person is considered a candidate and is currently an officer with an organization whose purpose is to influence legislation through citizen involvement, is that person permitted under The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995, to distribute literature, newspaper fillers and to write articles identifying himself as an officer of the organization?
3) If the answer to question two is in the affirmative, must the candidate, the organization in which he is a member and officer, and any newspaper, magazine, or other media organization publishing or announcing such articles be required to report the associated costs on the Campaign Disclosure Form or other required reports as assistance in-kind to a political candidate?
4) Would an incumbent member who writes a column during the legislative session for publication in various newspapers or gives legislative reports on radio and television stations be required to report the in-kind value of publication space and/or air time on their Campaign Disclosure Form.
We feel that to properly begin our answers to these questions, The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995, should be quoted in part. Therefore, we offer the following quotations:
"SECTION 8-13-1300. Definitions.
(4) _Candidate_ means a person who seeks appointment, nomination for election, or election to a statewide or local office or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. _Candidate_ does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.
(6) _Committee_ means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual who, to influence the outcome of an elective office or a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them. _Committee_ includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election.
(12) _Expenditure_ means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money, or anything of value for any purpose.
(15) _Gift_ means anything of value, including entertainment, food, beverage, travel, and lodging given for pay to a public official or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person_s status. A gift does not include campaign contributions accepted pursuant to this article.
(17) _Independent expenditure_ means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate.
(19) _Individual with whom he is associated_ means an individual with whom the person or a member of his immediate family mutually has an interest in a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class.
(20) _In-kind contribution or expenditure_ means goods or services which are provided to or by a person at no charge or for less than their fair market value.
(23) _Noncandidate committee_ means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. _Noncandidate committee_ does not include political action committees that contribute solely to federal campaigns.
(25) _Person_ means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any other organization or group of persons acting in concert.
SECTION 8-13-1302.
Maintenance of records of contributions, contributors, and expenditures.
(A) A candidate or committee shall maintain and preserve an account of:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.
(B) The candidate or committee must maintain and preserve all receipted bills and accounts required by this article for four years."
Question One asks firstly if a person who has filed the proper forms and is soliciting campaign funds is indeed a candidate and subject to The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995. SECTION 8-13- 1300, subsection 4 says in part "_Candidate_ means a person who seeks appointment, nomination for election, or election to a statewide or local office or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election." Therefore, it is our decision, that for the purposes of this opinion, the criteria which determines if a person is a candidate for the office of State Senator in South Carolina, has been met. We remind members and candidates of Section 8-13-1304, which reads as follows:
"A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
And Section 8-13-1308 which reads as follows:
"Filing of certified campaign reports by candidates and committees.
(A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election.
(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.
(D) (1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days before the election in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
A reading of Sections 8-13-1300(4), 8-13-1304 and 8-13-1308 are very necessary in determining the time in which a person becomes a
candidate.
Questions Two, Three and Four can be joined together as we continue with this opinion.
With the proper definition of a candidate as a basis for our discussion, we must now determine what is considered an in-kind contribution and what is considered an independent expenditure, to a candidate and members in relation to media services and media related publications, whether these publications are distributed widely and readily available to the general public or whether they are for the consumption of members of a particular organization.
An in-kind contribution is defined by Section 8-13-1300(20); this is a very broad definition. However, we feel that for the purposes of this opinion we can and should further define in-kind. The practice of giving goods or services to a campaign is perfectly legal in South Carolina, so long as the value of the in-kind gift is reported. An example is as follows:
Candidate A has formally announced and filed all the proper documents for the State Senate. A good friend of his owns the local hardware store and wishes to help with the campaign. After discussing the campaign, it is determined that the owner of the hardware store decides that he will donate 500 wood stakes, 2 heavy duty staple guns and 1000 staples for the purpose of constructing yard signs for the campaign. The total value of this material is $250.00. The campaign of Candidate A should then report on their Campaign Disclosure Form this contribution under the in-kind section and include the name and address of the hardware store and the date the material was given to the campaign.
Another example would be:
Candidate B asks his neighbor to host a cookout for the neighborhood so that he may discuss with them all his reasons for running for the State Senate. The neighbor agrees and buys all of the food and beverage associated with the cookout. Invitations are mailed calling the event a Meet Candidate B cookout. All of the costs associated with this cookout must be reported as an in-kind contribution from the neighbor on Candidate B_s Campaign Disclosure Form under the in-kind section, and include the name and address of the neighbor who paid for the cookout and the date the event was held.
However, a publication would not be considered an in-kind contribution, however wide spread, of an organization_s material unless at some point the material or organization endorses a particular candidate or announces that it is working for the defeat of a particular candidate. An example is as follows:
Candidate C is the president of a local organization. This particular organization is very active in supporting various local and statewide initiatives designed to enhance the funding of technical education because of the many new factories in their community that need specialized training for their new employees. As president of the organization, Candidate C is highlighted weekly in the organization_s newsletter. Candidate C also receives requests from many organizations in the area to write guest editorials in their newsletters and speak to their meetings, as well as many requests from the local media to address this issue. Even though Candidate C is a duly filed candidate for the State Senate, this type of publicity, whether sought or unsought, is not considered and in-kind contribution and does not have to be reported on the Campaign Disclosure Form.
The other extreme would be as follows:
Candidate D has received the formal endorsement of a local organization and has requested before a meeting of the board of directors of the organization that they help the campaign with some type of donation. The organization has agreed to support his campaign through the printing and mailing of several hundred flyers stating why Candidate D should be elected to the State Senate and why Candidate E should be defeated. The organization spends
$630.00 on printing and postage. All of this should be reported on Candidate D_s Campaign Disclosure Form under the in-kind section and include the name and address of the organization and the date the material was given to the campaign.
Yet another extreme would be as follows:
Candidate F has received the endorsement of the local organization and does not ask for it, nor does Candidate F seek any funding or help from the organization. The organization pays for billboard advertisements relating to the public their reasons for supporting the campaign of Candidate F for the State Senate. At no time does Candidate F or anybody employed by or associated with the campaign coordinate or request the billboards. In this case Candidate F does not have to disclose the cost of the billboards, since this expenditure would be considered an independent expenditure as defined by Section 8-13-1300(17).
Therefore, we must determine that an in-kind contribution occurs after an organization or person endorses a candidate and/or collaborates with the candidate or the campaign committee or staff to expend monies on behalf of the candidate.
A member or a candidate for the Senate of South Carolina does not have to disclose the value of public media related interviews, articles, editorials, legislative reports or updates. This type of activity is not governed by The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995.
The committee realizes that this opinion may not cover all questions related to in-kind contributions; however, we feel that this opinion will serve as a basis for determining what is and is not considered an in-kind contribution. Members and candidates are encouraged to thoroughly research a proposed in-kind contribution before acceptance of the same, and if in question as to the legality of the contribution, seek further guidance from the Senate Committee on Ethics in writing.
TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: COMMITTEE ON ETHICS
RE: OPINION 1996-2
DATE: FEBRUARY 27, 1996
The Senate Committee on Ethics has been asked to render an advisory opinion on the following question:
May a Member of the Senate of South Carolina deliberate, make motions pertaining to, offer amendments pertaining to, and vote on amendments and passage of legislation that affects political sub-divisions of the State of South Carolina in general if the member_s business or professional firm sells goods to or provides professional services to any political subdivisions of this State?
In answering this question the committee wishes to quote the following sections of The Ethics, Government Accountability, and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995:
"SECTION 8-13-740. Representation of another by a public official, member, or employee before a governmental entity.
(A)(1) A public official occupying statewide office, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except as otherwise required by law.
(2) A member of the General Assembly, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) [Until July 1, 1995, subparagraph (c) of paragraph (2) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency_s consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(c) [From and after July 1, 1995, subparagraph (c) of paragraph (2) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Department of Insurance, or in an agency_s consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(3) A public member occupying statewide office, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law.
(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that county except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law.
(6) A public employee, other than those specified in items (4)and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) [Until July 1, 1995, subparagraph (c) of paragraph (6) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency_s consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(c) [From and after July 1, 1995, subparagraph (c) of paragraph (6) of subsection (A) reads as follows:] in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Department of Insurance, or in an agency_s consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(7) The restrictions set forth in items (1) through (6) of this subsection do not apply to:
(a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the public official, public member, or public employee is appearing;
(b) representation by a public official, public member, or public employee in the course of the public official_s, public member_s, or public employee_s official duties;
(c) representation by the public official, public member, or public employee in matters relating to the public official_s, public member_s or public employee_s personal affairs or the personal affairs of the public official_s, public member_s, or public employee_s immediate family.
(B) A member of the General Assembly, when he, an individual with whom he is associated, or a business with which he is associated represents a client for compensation as permitted by subsection (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities.
(C) A member of the General Assembly may not vote on the section of that year_s general appropriation bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subsection (A)(2)(c) within one year prior to such vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
SECTION 8-13-745. Paid representation of clients and contracting by member of General Assembly or associate in particular situations.
(A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.
(B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year_s general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year_s appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.
(D) The provisions of this section do not apply to any court in the unified judicial system.
(E) When a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.
(F) The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992."
And the following section of the Code dealing with Administrative Procedures:
"SECTION 1-23-310. Definitions.
As used in this article:
(1) _Agency_ means each state board, commission, department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to determine contested cases;
(2) _Contested case_ means a proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3) _License_ includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4) _Party_ means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5) _Person_ means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
To properly answer this question, we must determine if a political sub-division of the State of South Carolina is considered an agency of the State. Clearly, political subdivisions are legal entities unto themselves created by the citizens of a given geographical area for general and specific governmental and special purpose needs. Black_s Law Dictionary, Fifth Edition, defines a "political subdivision" as follows:
"A division of the state made by proper authorities thereof, acting within their constitutional powers, for purpose of carrying out a portion of those functions of state which by long usage and inherent necessities of government have always been regarded as public."
Our own statutes provide that various political subdivisions of this State are separate entities. Sections 4-1-10, 5-1-10 and 6-1-10 read as follows:
"SECTION 4-1-10. Division of State into counties; each county is a body politic and corporate.
The State of South Carolina is divided into forty-six counties. Each county is a body politic and corporate for the following purposes:
(1) To sue and be sued;
(2) To purchase and hold, for the use of the county, lands and personalty within the limits thereof;
(3) To make all contracts; and
(4) To do all acts in relation to the property and concerns of the county necessary thereto.
SECTION 5-1-10. Certificated municipalities and established township governments declared perpetual bodies politic and corporate.
All municipalities which have a certificate of incorporation issued by the Secretary of State and all township governments which have heretofore been established by act of the General Assembly are hereby declared to be perpetual bodies, politic and corporate and are entitled to exercise all the powers and privileges and are subject to all the limitations and liabilities provided for municipal corporations in this State. The incorporation or corporate capacity of any municipality or township government established heretofore by act of the General Assembly shall not be attacked in any court in this State except as hereinafter provided by statute.
SECTION 6-1-10. Power of political subdivisions to proceed under legislation dealing with bankruptcy or composition of indebtedness.
The consent of the State is hereby granted to, and all appropriate powers are hereby conferred upon, any county, municipal corporation, township, school district, drainage district or other taxing or governmental unit organized under the laws of the State to institute any appropriate action and in any other respect to proceed under and take advantage of and avail itself of the benefits and privileges conferred, and to accept the burdens and obligations created, by any existing act of the Congress of the United States and any future enactment of the Congress of the United States relating to bankruptcy or the composition of indebtedness on the part of the counties, municipal corporations, townships, school districts, drainage districts and other taxing or governmental units or any of them.
As we can see from the above-quoted sections of law, each and every political subdivision in South Carolina is an entity unto itself. However, each also must comply with certain laws that apply to all political subdivisions and to certain laws that the General Assembly may from time to time impose on individual political subdivisions. In most of these cases, special laws provided for by the General Assembly of South Carolina for this state_s various political subdivisions are requested by the political subdivisions themselves. Suffice it to say that for our opinion political subdivisions are, indeed, separate units of government.
With this definition firmly in place by law and court cases too numerous to list here, we shall move on to the question posed for the committee.
Part of the intent of the General Assembly when debating and passing The Ethics, Government Accountability, and Campaign Reform Act of 1991, with Amendments Effective January 12, 1995, was, indeed, to halt various relationships between government officials and their businesses or professional firms and the political subdivisions that they were elected or appointed to govern according to the laws of this State. The intent of the General Assembly was not to hinder the authority in voting on issues that effect the people who elect their various representatives unless a specific vote deals with a provision that would, indeed, have a direct impact on a member_s business or professional firm as outlined in Sections 8-13-700 or 8-13-745.
We offer the following examples:
A member_s business sells items to an agency of the State of South Carolina. Parts of the general appropriation bill deal with the funding for the agency to which the member_s business sells. The member should recuse himself from voting on that section of the general appropriation bill and report the same to the President of the Senate through a statement. The member should request the Clerk of the Senate to cause the statement to be printed in The Journal of the Senate of South Carolina for that legislative day.
A member_s professional firm represents a political sub-division of this state in various matters. A Bill that is being debated directs all such political sub-divisions in this State to carry out such duties as prescribed in the language of the Bill. The member would not be responsible for recusing himself from any deliberation or votes on the Bill since it is statewide in scope.
A member_s business sells items to a political subdivision of this State. A local Bill is being debated that would give the political subdivision the authority to extend its bonded indebtedness, enabling the political subdivision to purchase a greater quantity of the items that the member_s business sells. The member should recuse himself from voting on that local Bill and report the same to the President of the Senate through a statement. The member should request the Clerk of the Senate to cause the statement to be printed in The Journal of the Senate of South Carolina for that legislative day.
A conflict does not exist when a Bill before the Senate is of a statewide nature and impacts all political subdivisions in a like manner. Further, a member would not have to recuse himself from voting on legislation dealing with a specific political subdivision if it does not directly impact on the dealings of a member_s business or professional firm with a political subdivision.
If a member, or those with whom he is associated, will benefit directly from legislation before the body, he would be considered to have a conflict of interest and should recuse himself from voting on that Bill and report the same to the President of the Senate through a statement. The Member should request the Clerk of the Senate to cause the statement to be printed in The Journal of the Senate of South Carolina for that legislative day. The committee offers the following sample statement:
I certify that I took no action in the matter of ___________________________ which would preclude my business or professional firm from selling to or representing a particular agency of the State of South Carolina, or a political subdivision of this State."
The ethics laws of our State were not designed to prevent members from conducting their chosen business or profession. We will not hinder the ability of members of the Senate of South Carolina to carry out their constitutional duties. The people of the various senate districts choose from their population one person to represent them on matters coming before this body. The people_s right of representation on all matters should not be abated. The members have a constitutional right to deliberate, make improvements through amendments, and vote on matters before the Senate. Unless a direct conflict of interest arises, we urge all members of the Senate of South Carolina to carry out their constitutional duties of office and to not refrain from the full representation of their constituents.
This opinion, would be considered appropriate for all matters that may come before the Senate, its committees, or county delegations.
Tuesday Afternoon
March 12, 1996
The Honorable F. G. Delleney
Chairman
Joint Legislative Committee for Judicial Screening
State of South Carolina
Blatt Building
Post Office Box 11867
Columbia, South Carolina 29211
RE: ADVISORY LETTER CONCERNING SECTION 8-13-920.
Dear Chairman Delleney,
Thank you for your letter of March 7, 1996. You have asked on behalf of the Joint Legislative Committee for Judicial Screening that we render an opinion per question as follows:
The Joint Committee for Judicial Screening requests an Ethics Committee Advisory Opinion on when the campaign expenditure filing requirements of S. C. Code Ann. 8-13-920 are triggered. Our working interpretation has been that the provision requires the filing of campaign expenditure reports when a candidate has made cumulative expenditures of one hundred dollars, exclusive of expenses for room, board, or travel and every quarter thereafter.
I begin by quoting the following Section of The Ethics, Government Accountability and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995:
"SECTION 8-13-920. Report of campaign expenditures.
A person running for an office elected by the General Assembly must file a report with the Chairman of the Senate Ethics Committee and
the Chairman of the House of Representatives Ethics Committee of money in excess of one hundred dollars spent by him or in his behalf in seeking the office. The report must include the period beginning with the time he first announces his intent to seek the office. The report must not include travel expenses or room and board while campaigning. Contributions made to members of the General Assembly during the period from announcement of intent to election date must be included. The report must be updated quarterly with an additional report filed five days before the election and the final report filed thirty days after the election. Persons soliciting votes on behalf of candidates must submit expenses in excess of one hundred dollars to the candidate which must be included on the candidate_s report. A copy of all reports received by the Senate Ethics Committee and the House of Representatives Ethics Committee must be forwarded to the State Ethics Commission within two business days of receipt."
The law, as quoted is very clear in this instance. I concur with the "working interpretation" of the Joint Legislative Committee for Judicial Screening. A candidate for an office that is elected by the legislature should begin reporting campaign expenditures with this office and that of the House of Representatives Committee on Ethics, the day the campaign has cumulative expenditures of one hundred dollars or more, not including monies for room, board and travel. Thereafter, a report must be submitted to this office and that of the House of Representatives Committee on Ethics, ten days following the close of each calendar quarter. An additional report must be submitted five days before the election and thirty days after the election, again with this office and that of the House of Representatives Committee on Ethics.
The Senate Committee on Ethics does not require candidates to file these reports on any specific form. We ask that candidates submit a signed letter to this committee_s chairman detailing a full accounting for funds spent while seeking office.
Should you have any further questions, please feel free to contact me, anytime.
Sincerely,
COMMITTEE ON ETHICS
THE SENATE OF SOUTH CAROLINA
Hugh K. Leatherman, Sr.
Chairman
TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: HUGH K. LEATHERMAN, SR.
CHAIRMAN, COMMITTEE ON ETHICS
RE: ADVISORY LETTER CONCERNING YOUR STATEMENT OF ECONOMIC INTERESTS.
DATE: APRIL 11, 1996
The Senate Committee on Ethics has received following questions:
"As you know, many members receive from the counties they represent an annual payment for their legislative duties. Some consider this a reimbursement of sorts while others consider the payment income. In the cases I know of, the counties also issue to the members an Internal Revenue Service Form 1099. Therefore, my question is, should members report these payments on their annual Statement of Economic Interests Form and if so in what section? In addition, some counties provide to their legislative delegations an office, secretary and equipment. Would this be considered income and subject to reporting on the Statement of Economic Interests Form?"
Due to the upcoming deadline for filing of the Statement of Economic Interests form, April 15, 1996, I am answering these questions through this advisory letter.
I begin by quoting the following three sections of The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995:
"Section 8-13-1120(A) A statement of economic interests filed pursuant to Section 8-13-1110 must be on forms prescribed by the State Ethics Commission and must contain full and complete information concerning: ...
(2) the source, type, and amount or value of income, not to include tax refunds, of substantial monetary value received from a governmental entity by the filer or a member of the filer_s immediate family during the reporting period;"
"Section 8-13-100(17) _Governmental entity_ means the State, a county, municipality, or political subdivision thereof with which a public official, public member, or public employee is associated or
employed. _Governmental entity_; also means any charitable organization or foundation, but not an athletic organization or athletic foundation which is associated with a state educational institution and which is organized to raise funds for academic, educational, research, or building programs of a college or university.
(19) _Income_ means the receipt or promise of any consideration, whether or not legally enforceable."
With the above quoted sections in mind I feel that any payments received by any member of the Senate from any governmental entity in South Carolina should be reported on their Statement of Economic Interests Form. The payments should be listed in section "13 Income and Benefits" of the Statement of Economic Interests Form, as with other payments we receive for our duties from the Senate of South Carolina and other state agencies that we may serve.
To answer the second question, I do not feel that the costs associated with a delegation office need to be reported on the Statement of Economic Interests Form.
I trust that this answers these questions; should any member desire to discuss this advisory letter, please feel free to contact me anytime.
South Carolina Senate Members and Staff
P. O. Box 142
Gressette Building
Columbia, SC 29202
July 26, 1996
Dear Senate Members and Staff:
The family of Everette Rhyne Huffstetler acknowledges with grateful appreciation your kind expression of sympathy.
Thank you for the beautiful wreath you sent in memory of my beloved Dad. He was a wonderful man who loved life and shared his joy with everyone. The support of friends helps ease the grief and sorrow I feel at his loss.
Sincerely,
/s/ Linda Short
120 West End
Chester, SC 29706
Senate of South Carolina
P. O. Box 142
Columbia, SC 29202
September 23, 1996
To the Honorable House and Senate of South Carolina:
I am writing to express my gratitude for the generous South Carolina State Grant. I have lived in South Carolina all my life, and I plan to remain in the state and teach elementary school, preferably fourth grade. It pleases me that the state is supporting the education of its youth.
This grant makes it possible for me to attend Clemson University as a full time student. I have worked hard to achieve a 4.0 grade average. I plan to graduate summa cum laude in 1999 making myself, my family, and my state proud.
Thank you again for your gift. You will not be disappointed that you invested in my education.
Sincerely,
/s/ Kristi Nicole Campbell
219 Sunrise Drive
Greer, SC 29651
The South Carolina Senate
1st Floor, Wade Hampton Bldg.
Capital Complex
Columbia, SC
Ladies and Gentlemen of the South Carolina Senate,
Hi! I am Heather Shealy, a 1996 recipient of a South Carolina State Grant. I wanted to take this opportunity to thank you for this award. It is greatly needed and appreciated. Thanks.
Sincerely,
Heather D. Shealy
840 W. Hampton St.
Leesville, SC 29070
The Members of the SC Senate
P. O. Box 142
Columbia, SC 29202
Dear Members of the SC Senate,
My name is Nicole Carmichael. I am a graduate from Summerville High School and about to start my freshman year at Clemson University. I am writing to thank you for the South Carolina State Grant that you provided for me. Because of this grant, I am able to go to college and achieve a higher education. You are helping me reach my dream of becoming a veterinarian, and for that I would like to express my gratitude.
To thank you and to let you know how much your generosity is appreciated.
Thank you once again,
Nicole L. Carmichael
2166 Easy Street
North Charleston, SC 29406
Senate of South Carolina
P. O. Box 142
Columbia, SC 29202
September 5, 1996
Attention: Mr. Frank B. Caggiano
Clerk of South Carolina Senate
Gentlemen:
It is with a great deal of humility and thanks that I am writing to you today.
On August 24, 1996, Senator James A. Lander presented to my sister and me, the lovely certificate which you posthumously presented to George Dewey Kinard, Scoutmaster.
This was given for his achievements and contributions to Newberry and the State of South Carolina through his service to the Boy Scout program.
My family and I were greatly honored by this meaningful gesture honoring our father, grandfather and great grandfather.
Sincerely,
/s/ Patsy K. Mays
409 O'Neal Street
Newberry, South Carolina 29108
Mr. Frank Caggiano and staff
Clerk of the Senate
P. O. Box 142
Columbia, SC 29202
Dear Frank and staff,
I want to thank you for your kindness and thoughtfulness at the time of my mother's death. The entire Wilkins family appreciates your friendship!
/s/ David H. Wilkins
408 E. North St.
Greenville, S.C. 29601
South Carolina Senate
P. O. Box 142
Columbia, SC 29202
Thank you sincerely for your kind expression of sympathy. It was deeply appreciated and is gratefully acknowledged.
/s/ The Dick Herdklotz family
424 Leyswood Drive
Greenville, SC 29615
The following were introduced:
S. 1 -- Senator Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS, SO AS TO AUTHORIZE THE ISSUANCE OF STATE LOTTERY BONDS TO BE USED FOR HIGHWAY PROJECTS AS PROVIDED FOR BY THE GENERAL ASSEMBLY; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED AS THE BASIS FOR ISSUING BONDS FOR HIGHWAY PROJECTS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.
S. 2 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 11, TITLE 57 OF THE 1976 CODE, RELATING TO FINANCIAL MATTERS OF HIGHWAYS, BY ADDING ARTICLE 5, SO AS TO PROVIDE FOR THE STATE LOTTERY FUND AND TO PROVIDE FOR THE ISSUANCE OF STATE LOTTERY BONDS; AND TO AMEND SECTION 11-17-10, RELATING TO BOND
ANTICIPATION NOTES, SO AS TO ADD LOTTERY BONDS TO THE DEFINITION OF BONDS.
Read the first time and referred to the Committee on Finance.
S. 3 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL_S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 4 -- Senator Courson: A BILL TO AMEND ARTICLE 11, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF ECONOMIC INTERESTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR HIS AGENT MAY NOT KNOWINGLY SOLICIT A CONTRIBUTION FOR THE PUBLIC OFFICIAL'S LEGAL DEFENSE FUND FROM A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR FROM A FOREIGN BUSINESS; AND TO AMEND SECTION 8-13-1314 OF THE 1976 CODE, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, TO PROVIDE THAT A CANDIDATE MAY NOT SOLICIT OR ACCEPT CONTRIBUTIONS FROM A PERSON WHO IS NOT AN AMERICAN CITIZEN OR FROM A FOREIGN BUSINESS OR ITS AGENT, DEFINED AS A PARTNERSHIP, ASSOCIATION, CORPORATION, ORGANIZATION, OR OTHER COMBINATION OF PERSONS ORGANIZED UNDER THE LAWS OF OR HAVING ITS PRINCIPAL PLACE OF BUSINESS IN A FOREIGN COUNTRY, INCLUDING POLITICAL ACTION COMMITTEES FORMED BY A FOREIGN BUSINESS.
Read the first time and referred to the Committee on Judiciary.
S. 5 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Courtney, Jackson and Rankin: A BILL TO AMEND SECTION 2-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED, SO AS TO REVISE CERTAIN OF THESE DISTRICTS; TO PROVIDE THAT A MEMBER OF THE SENATE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER 1997; TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997; TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS; AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
Read the first time and referred to the Committee on Judiciary.
S. 6 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54, SO AS TO CREATE THE "SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT"; TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN; TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT; TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE; TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Read the first time and referred to the Committee on Medical Affairs.
S. 7 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-225, SO AS TO REQUIRE THAT PROOF OF MOTOR VEHICLE LIABILITY INSURANCE BE MAINTAINED IN A MOTOR VEHICLE AT ALL TIMES; TO REQUIRE A LAW ENFORCEMENT OFFICER TO ASCERTAIN THE PRESENCE OF THE PROOF IN EVERY MOTOR VEHICLE THAT IS STOPPED; TO PROVIDE FOR PENALTIES; TO PROVIDE THAT THE PENALTIES IN THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER PENALTY PROVIDED BY LAW, PROVIDE THAT THE REQUIRED PROOF MUST BE PROVIDED EVERY QUARTER FOR ONE YEAR AFTER BEING CITED FOR DRIVING WITHOUT PROOF OF LIABILITY INSURANCE; AND TO PROVIDE THAT FAILURE TO PROVIDE THIS PROOF WHEN REQUIRED SHALL CAUSE THE DRIVER_S LICENSE TO BE SUSPENDED UNTIL SATISFACTORY PROOF IS PROVIDED.
Read the first time and referred to the Committee on Banking and Insurance.
S. 8 -- Senator Rose: A BILL TO AMEND SECTION 2-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINTING AND DISTRIBUTION OF THE LEGISLATIVE MANUAL, SO AS TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES, BEGINNING WITH THE 112TH GENERAL ASSEMBLY AND CONTINUING WITH EACH GENERAL ASSEMBLY THEREAFTER, TO PUBLISH THE LEGISLATIVE MANUAL ONLY ONCE DURING EACH SUCCESSIVE BIENNIAL SESSION OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
S. 9 -- Senator Lander: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO SPECIFY THE TIME PERIOD THE DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE FOR A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 2.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 10 -- Senators McConnell, Courtney, Passailaigue, Patterson, Jackson, Matthews, Hayes and Reese: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH REQUIRES CERTIFICATION TO OFFER A MANAGED CARE PLAN, WHICH ESTABLISHES CERTIFICATION STANDARDS, AND WHICH FURTHER PROVIDES CERTAIN REQUIREMENTS AND PROHIBITIONS THAT MANAGED CARE PLANS MUST COMPLY WITH IN ORDER TO BE CERTIFIED; AND TO DESIGNATE SECTIONS 38-33-10 THROUGH 38-33-310 AS ARTICLE 1, CHAPTER 33, TITLE 38 TO BE ENTITLED "GENERAL PROVISIONS".
Read the first time and referred to the Committee on Banking and Insurance.
S. 11 -- Senators Ravenel, McConnell and Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2002 GENERAL ELECTION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Read the first time and referred to the Committee on Education.
S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: A BILL TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
Read the first time and ordered placed on the Calendar without reference.
S. 13 -- Senator Wilson: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO COUNTIES BY ELIMINATING CONSIDERATION OF THE LAND AREA OF A COUNTY.
Read the first time and referred to the Committee on Finance.
S. 14 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Read the first time and referred to the Committee on Education.
S. 15 -- Senator Short: A BILL TO AMEND CHAPTER 65, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE PRE-SCHOOL HEALTH ASSESSMENT ACT OF 1997 TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Education.
S. 16 -- Senator Short: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-125, SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST TWENTY-FOUR HOURS FOLLOWING A MASTECTOMY, AND TO PROVIDE FOR EXCEPTIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 17 -- Senator Courson: A BILL TO ENACT THE "PRISONER LITIGATION REFORM ACT OF 1997"; TO AMEND CHAPTER 36, TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, BY ADDING SECTION 15-36-50, SO AS TO AUTHORIZE A COURT TO ORDER THE REVOCATION OF GOOD CONDUCT CREDIT EARNED UNDER SECTION 24-13-210 IF THE COURT FINDS THAT A CIVIL ACTION BROUGHT BY A PRISONER WAS EITHER MALICIOUS OR WAS BROUGHT FOR THE PURPOSE OF HARASSMENT, OR IF THE PRISONER PRESENTED FALSE EVIDENCE IN THE ACTION; AND BY AMENDING SECTION 24-23-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR, SO AS TO AUTHORIZE REVOCATION OF GOOD CONDUCT CREDITS IN THE MANNER PROVIDED IN SECTION 15-36-50.
Read the first time and referred to the Committee on Judiciary.
S. 18 -- Senators Courson, Passailaigue and Setzler: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON TAX INCREASES AND NEW TAXES, SO AS TO REQUIRE THAT ANY GENERAL TAX INCREASE OR THE IMPOSITION OF NEW GENERAL TAX MUST BE ENACTED BY A VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS OF EACH HOUSE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 13 OF ARTICLE X, OR TO PROVISIONS IN AN ACT TO BRING THE STATE INCOME TAX PROVISIONS OF THE 1976 CODE, AS AMENDED, INTO CONFORMITY WITH THE FEDERAL INCOME TAX CODE.
Read the first time and referred to the Committee on Finance.
S. 19 -- Senator Saleeby: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.
Read the first time and referred to the Committee on Judiciary.
S. 20 -- Senator Saleeby: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENTS AND REVISION OF THE CONSTITUTION, SO AS TO LIMIT TO THREE THE NUMBER OF AMENDMENTS THAT MAY BE SUBMITTED TO THE QUALIFIED ELECTORS OF THIS STATE AT A GENERAL ELECTION.
Read the first time and referred to the Committee on Judiciary.
S. 21 -- Senator Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY MUST COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Read the first time and referred to the Committee on Judiciary.
S. 23 -- Senator Mescher: A BILL TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REDUCE FROM SIXTY TO FIVE DAYS THE TIME IN WHICH THE OWNER OF AN ANIMAL MUST SATISFY A LIEN PLACED UPON THE ANIMAL FOR EXPENSES RELATING TO COSTS ASSOCIATED WITH BOARDING OF THE ANIMAL FOR UPKEEP, REST, AND TRAINING; TO REDUCE FROM FIFTEEN TO SEVEN DAYS THE TIME PERIOD DURING WHICH THE OWNER OF THE BOARDING FACILITY MUST ADVERTISE THE SALE OF AN ANIMAL WHEN ITS OWNER FAILS TO SATISFY A LIEN FOR BOARDING AFTER NOTICE; AND TO PROVIDE THAT AN ANIMAL NOT PURCHASED AT THE ADVERTISED SALE BECOMES THE SOLE PROPERTY OF THE BOARDING FACILITY OWNER WITH ALL RIGHTS, PRIVILEGES, AND OBLIGATIONS OF OWNERSHIP.
Read the first time and referred to the Committee on Judiciary.
S. 24 -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 25 -- Senator Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700 OF THE 1976 CODE, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Read the first time and referred to the Committee on Medical Affairs.
S. 26 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-130 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A PATIENT, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED FORTY-EIGHT HOURS, NOT INCLUDING THE DAY OF THE PROCEDURE, AFTER A MASTECTOMY OR OTHER SURGICAL PROCEDURE RELATIVE TO THE TREATMENT OF BREAST CANCER, AND TO PROVIDE FOR EXCEPTIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 27 -- Senator Short: A BILL TO REPEAL ACT 504 OF 1996, PROVIDING FOR THE NONPARTISAN ELECTION OF SCHOOL BOARD TRUSTEES IN CHESTER COUNTY.
Read the first time and ordered placed on the Calendar without reference.
S. 28 -- Senator Rose: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES DUE ON DELINQUENT AD VALOREM TAXES, SO AS TO IMPOSE INTEREST ON UNPAID AD VALOREM TAXES; AND TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO TAX EXECUTIONS, SO AS TO ADD INTEREST TO AMOUNTS DUE WHICH MUST BE PAID TO MAKE THE TAXES CURRENT.
Read the first time and referred to the Committee on Finance.
S. 29 -- Senator Holland: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.
Read the first time and referred to the Committee on Corrections and Penology.
S. 30 -- Senator Hayes: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.
Read the first time and referred to the Committee on Medical Affairs.
S. 31 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68, SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
Read the first time and referred to the Committee on Education.
S. 32 -- Senator Holland: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPACITY OF PERSONS CHARGED WITH CRIME TO STAND TRIAL, SO AS TO ALLOW MAGISTRATE AND MUNICIPAL COURT JUDGES TO ORDER MENTAL EVALUATION OF A PERSON CHARGED WITH A CRIMINAL OFFENSE OR CIVIL CONTEMPT TO DETERMINE FITNESS TO STAND TRIAL.
Read the first time and referred to the Committee on Judiciary.
S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL 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.
Read the first time and referred to the Committee on Judiciary.
S. 34 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR
ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 35 -- Senator Holland: A BILL TO AMEND SECTION 61-2-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ISSUING, RENEWING, OR TRANSFERRING A LICENSE OR PERMIT UNDER TITLE 61 IF DELINQUENT TAXES, PENALTIES, OR INTEREST ARE DUE, SO AS TO DELETE REFERENCES TO THE FEDERAL GOVERNMENT.
Read the first time and referred to the Committee on Judiciary.
S. 36 -- Senators Courson, Passailaigue and Setzler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 3C, SO AS TO PROVIDE THAT NO TAX, SUBSIDY, OR CHARGE SHALL BE ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY, EXCEPT UPON AN ACT OF THE GENERAL ASSEMBLY ADOPTED WITH AN AFFIRMATIVE VOTE IN EACH BRANCH OF THE GENERAL ASSEMBLY BY TWO-THIRDS OF THE TOTAL MEMBERSHIP IN EACH BRANCH, PROVIDED THAT THIS SECTION SHALL NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 13 OF ARTICLE X, OR TO PROVISIONS IN AN ACT TO BRING THE STATE INCOME TAX PROVISIONS OF THE 1976 CODE, AS AMENDED, INTO CONFORMITY WITH THE FEDERAL INCOME TAX CODE.
Read the first time and referred to the Committee on Finance.
S. 37 -- Senators Jackson and Cork: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER_S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR_S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER_S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 20-7-7805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY; AND TO AMEND CHAPTER 3, TITLE 13, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 11, THE "HATE CRIME OFFENDER REGISTRY."
Read the first time and referred to the Committee on Judiciary.
S. 38 -- Senator Land: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.
Read the first time and referred to the Committee on Judiciary.
S. 39 -- Senator Wilson: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO PROVIDE THAT UNIFORM SERVICE CHARGES MAY ONLY BE IMPOSED BY COUNTIES IF EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THAT UNIFORM SERVICE CHARGES MAY ONLY BE IMPOSED BY MUNICIPALITIES IF EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO PROVIDE THAT UNIFORM SERVICE CHARGES IMPOSED WITHOUT EXPRESS AUTHORIZATION OF GENERAL LAW ARE VOID REGARDLESS OF THE DATE OF IMPOSITION.
Read the first time and referred to the Committee on Finance.
S. 40 -- Senators J. Verne Smith and Wilson: 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.
Read the first time and referred to the Committee on Judiciary.
S. 41 -- Senator Short: A BILL 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.
Read the first time and referred to the Committee on Transportation.
S. 42 -- Senator Passailaigue: A BILL TO AMEND SECTION 8-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES FEES, SO AS TO INCREASE THE FEE TO ISSUE A SUMMONS AND COMPLAINT IN A CIVIL ACTION FROM TWENTY-FIVE DOLLARS TO THIRTY-FIVE DOLLARS; TO AMEND SECTION 8-21-1060, RELATING TO MAGISTRATES FEES, SO AS TO INCREASE THE FEE FOR SERVICE IN A CIVIL ACTION FROM FIVE DOLLARS TO TEN DOLLARS; AND TO PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED BY THE COUNTY FOR CAPITAL IMPROVEMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 43 -- Senator Land: A BILL TO AMEND SECTION 4-9-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY PUBLIC LIBRARY SYSTEMS, SO AS TO ESTABLISH THESE SYSTEMS AS DEPARTMENTS OF COUNTY GOVERNMENT UNDER THE GENERAL SUPERVISION AND CONTROL OF THE CHIEF EXECUTIVE OFFICER OF THE COUNTY AND ADMINSTERED DIRECTLY BY A CHIEF LIBRARIAN APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF THE COUNTY WITH THE ADVICE AND CONSENT OF THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THE QUALIFICATIONS AND DUTIES OF THE CHIEF LIBRARIAN, TO ESTABLISH A COUNTY LIBRARY SYSTEM ADVISORY BOARD AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO RECONSTITUTE EXISTING COUNTY LIBRARY SYSTEM BOARDS OF TRUSTEES AS THESE ADVISORY BOARDS; AND TO REPEAL SECTIONS 4-9-36 AND 4-9-37, RELATING TO THE POWERS AND DUTIES OF LIBRARY SYSTEM TRUSTEES.
Read the first time and referred to the Committee on Judiciary.
S. 44 -- Senator Mescher: A BILL TO AMEND SECTION 56-10-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROVIDERS OF INSURANCE OR SECURITY NOTIFY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF TERMINATION OR LAPSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE NOTIFICATION OF LAPSE UNDER ANY CIRCUMSTANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 45 -- Senators Leventis and Waldrep: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
Read the first time and referred to the Committee on Judiciary.
S. 46 -- Senators McConnell, Passailaigue, Ravenel and Ford: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS; AND TO AMEND SECTIONS 42-9-60, RELATING TO THE PRECLUSION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFULNESS OF THE EMPLOYEE, AND 42-11-100, AS AMENDED, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE EXCEPTION AS TO THE PAYMENT OF COMPENSATION FOR A DISABILITY RESULTING FROM THE EMPLOYEE'S INTOXICATION OR WILFUL INTENT TO INJURE HIMSELF, SO AS TO ESTABLISH A PRESUMPTION THAT AN INJURY WAS OCCASIONED PRIMARILY BY INTOXICATION OF, OR BY THE INFLUENCE OF A DRUG UPON, AN EMPLOYEE UNDER CERTAIN CIRCUMSTANCES, ALLOW AN EMPLOYER, UNDER CERTAIN CONDITIONS, TO REQUIRE AN EMPLOYEE TO SUBMIT TO A TEST FOR THE PRESENCE OF ANY DRUG OR ALCOHOL IN THE EMPLOYEE'S SYSTEM, ESTABLISH A PRESUMPTION FOR THE SITUATION WHERE THE EMPLOYEE REFUSES TO SUBMIT TO A TEST, PROVIDE THAT A COVERED EMPLOYEE OR DEPENDENT OF A COVERED EMPLOYEE IS NOT ENTITLED TO COMPENSATION OR BENEFITS IF THE PRIMARY CAUSE OF THE ACCIDENT OR PERSONAL INJURY TO THE EMPLOYEE OR CO-WORKER OR OTHER PERSON WAS THE RESULT OF CERTAIN SPECIFIED CONDITIONS OR ACTIVITY, AND PROVIDE THAT A COVERED EMPLOYEE'S EMPLOYMENT IS SUBJECT TO THE REQUIREMENTS OF A DRUG-FREE WORKPLACE PROGRAM THAT COMPLIES WITH CERTAIN GUIDELINES.
Read the first time and referred to the Committee on Judiciary.
S. 47 -- Senator Holland: 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.
Read the first time and referred to the Committee on Judiciary.
S. 48 -- Senators Rose, McConnell and Mescher: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO ESTABLISH A SINGLE COUNTYWIDE JURY AREA.
Read the first time and ordered placed on the Calendar without reference.
S. 49 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERM OF OFFICE FOR MAGISTRATES, SO AS TO PROVIDE THAT THE INITIAL TERM OF A NEWLY APPOINTED MAGISTRATE SHALL BE FOR TWO YEARS RATHER THAN FOUR YEARS.
Read the first time and referred to the Committee on Judiciary.
S. 50 -- Senator Passailaigue: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
Read the first time and referred to the Committee on Judiciary.
S. 51 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 13, TITLE 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION BALLOTS, BY ADDING SECTION 7-13-324 SO AS TO PROVIDE THAT IN ALL GENERAL, SPECIAL, OR PRIMARY ELECTIONS IN THIS STATE FOR ANY OFFICE, BALLOTS MUST CONTAIN A "NONE OF THESE CANDIDATES" SELECTION.
Read the first time and referred to the Committee on Judiciary.
S. 52 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-145 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH ADVERTISING AND THE SALE OF ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
S. 53 -- 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.
Read the first time and referred to the Committee on Judiciary.
S. 54 -- Senator Wilson: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DEFINITION OF "EMPLOYEE", SO AS TO PROVIDE THAT THAT TERM INCLUDES ALL STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF THE TOTAL AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO SET FORTH THE TOTAL AVERAGE WEEKLY WAGE FOR VOLUNTEER SOUTH CAROLINA STATE CONSTABLES WITHOUT COMPENSATION AND DEFINE "VOLUNTEER SOUTH CAROLINA STATE CONSTABLE WITHOUT COMPENSATION".
Read the first time and referred to the Committee on Judiciary.
S. 55 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE MANDATORY MINIMUM SENTENCES FOR CERTAIN CRIMES MOTIVATED BY THE VICTIM'S RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, PHYSICAL OR MENTAL DISABILITY, AND TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT A SENTENCE GREATER THAN A MANDATORY MINIMUM SENTENCE OF THIRTY YEARS WHEN IT IS PROVIDED IN ANOTHER SECTION OF LAW; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH OR LIFE IMPRISONMENT, SO AS TO ADD MOTIVATION BY A VICTIM'S ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, OR PHYSICAL OR MENTAL DISABILITY AS AN AGGRAVATING CIRCUMSTANCE TO CONSIDER WHEN A SENTENCE FOR MURDER IS BEING DETERMINED.
Read the first time and referred to the Committee on Judiciary.
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
Read the first time and referred to the Committee on Judiciary.
S. 57 -- 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.
Read the first time and referred to the Committee on Judiciary.
S. 58 -- Senator Rose: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-250, SO AS TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF APPOINTMENT POWER AFFECTING ONLY ONE COUNTY FROM A LEGISLATIVE DELEGATION OR A HOUSE OR A SENATE DELEGATION TO A COUNTY GOVERNING BODY, WITH CERTAIN EXCEPTIONS, IF THE COUNTY GOVERNING BODY AND THE RESPECTIVE DELEGATION MUTUALLY AGREE TO TRANSFER THE AUTHORITY AND THE CODE COMMISSIONER IS NOTIFIED; AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-255, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
Read the first time and referred to the Committee on Judiciary.
S. 59 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON_S DRIVER_S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER_S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Read the first time and referred to the Committee on Judiciary.
S. 61 -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.
Read the first time and referred to the Committee on Judiciary.
S. 62 -- Senator Rose: A BILL TO AMEND CHAPTER 5, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385, SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO PRACTICE IN OTHER STATES OR JURISDICTIONS MAY PROVIDE PRO BONO LEGAL SERVICES TO INDIGENT CITIZENS OF THIS STATE IN THE MANNER PROVIDED BY RULE OF THE SUPREME COURT.
Read the first time and referred to the Committee on Judiciary.
S. 63 -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND TO FURTHER PROVIDE THAT AN AREA IS DEEMED TO BE CONTIGUOUS IF IT IS INTERRUPTED BY PUBLIC MARSH LANDS OR WATERWAYS, SO LONG AS THE AREA INCLUDES HIGHLAND ON THE OTHER SIDE OF THE PUBLIC MARSH LAND OR WATERWAY, WHETHER OR NOT THE PUBLIC MARSH LAND OR WATERWAY IS AN ANNEXED PART OF ANOTHER MUNICIPALITY.
Read the first time and referred to the Committee on Judiciary.
S. 64 -- Senator Holland: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
Read the first time and referred to the Committee on Judiciary.
S. 65 -- Senator Wilson: A BILL TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFIED ELECTORS OF A COUNTY PROPOSING CERTAIN ORDINANCES BY PETITION, SO AS TO REVISE THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITION AND TO AUTHORIZE THE QUALIFIED ELECTORS OF A COUNTY, SPECIAL PURPOSE DISTRICT, FISCALLY AUTONOMOUS SCHOOL DISTRICT, OR OTHER POLITICAL SUBDIVISION RECEIVING PROPERTY TAX REVENUES TO PROPOSE ORDINANCES OR RESOLUTIONS LIMITING THE TOTAL REVENUE WHICH THE ENTITY MAY EXPEND DURING A FISCAL YEAR.
Read the first time and referred to the Committee on Judiciary.
S. 66 -- Senator Leatherman: A BILL TO AMEND SECTION 4-9-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY PUBLIC LIBRARY SYSTEMS, SO AS TO ESTABLISH THESE SYSTEMS AS DEPARTMENTS OF COUNTY GOVERNMENT UNDER THE GENERAL SUPERVISION AND CONTROL OF THE CHIEF EXECUTIVE OFFICER OF THE COUNTY AND ADMINSTERED DIRECTLY BY A CHIEF LIBRARIAN APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF THE COUNTY, TO PROVIDE THE QUALIFICATIONS AND DUTIES OF THE CHIEF LIBRARIAN, TO ESTABLISH A COUNTY LIBRARY SYSTEM ADVISORY BOARD AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO RECONSTITUTE EXISTING COUNTY LIBRARY SYSTEM BOARDS OF TRUSTEES AS THESE ADVISORY BOARDS; AND TO REPEAL SECTIONS 4-9-36 AND 4-9-37, RELATING TO THE POWERS AND DUTIES OF LIBRARY SYSTEM TRUSTEES.
Read the first time and referred to the Committee on Judiciary.
S. 67 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-45 SO AS TO PROVIDE THAT ANY CRIMINAL FINE IMPOSED BY A COURT OF GENERAL SESSIONS OF THIS STATE WHICH REMAINS UNPAID FOR A PERIOD OF AT LEAST THIRTY DAYS CONSTITUTES A LIEN AGAINST THE PERSON AGAINST WHOM THE FINE WAS IMPOSED, TO PROVIDE THAT THIS LIEN HAS THE SAME FORCE AND EFFECT AS A JUDGMENT WHICH MAY BE RECORDED IN ANY COUNTY IN WHICH ANY PERSON RESIDES OR OWNS REAL PROPERTY, AND TO PROVIDE THAT A LIEN IMPOSED BY THIS SECTION IS NOT DISCHARGEABLE IN BANKRUPTCY.
Read the first time and referred to the Committee on Judiciary.
S. 68 -- Senator Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 69 -- Senator Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A PERSON MAY NOT SERVE MORE THAN TWELVE YEARS IN THE GENERAL ASSEMBLY, EITHER AS A MEMBER OF THE HOUSE OF REPRESENTATIVES OR AS A MEMBER OF THE SENATE, OR A COMBINATION THEREOF; TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY HAS SERVED TWELVE YEARS ON THE EFFECTIVE DATE OF THE RATIFICATION OF THIS PROVISION, HIS OFFICE IS DEEMED VACANT AND A SPECIAL ELECTION MUST BE HELD AS PROVIDED BY LAW; TO PROVIDE THAT IF A PERSON IS ELECTED FOR A TERM THAT, IF SERVED TO EXPIRATION, WOULD EXCEED TWELVE YEARS IN THE GENERAL ASSEMBLY, AFTER THE TWELFTH YEAR, THE OFFICE IS DEEMED VACANT AND A SPECIAL ELECTION MUST BE HELD AS PROVIDED BY LAW; AND TO PROVIDE THAT A PERSON WHO HAS SERVED TWELVE YEARS IN THE GENERAL ASSEMBLY, EITHER AS A MEMBER OF THE HOUSE OF REPRESENTATIVES OR AS A MEMBER OF THE SENATE, OR A COMBINATION THEREOF, MAY NOT SERVE IN A STATEWIDE OFFICE THAT THIS CONSTITUTION REQUIRES TO BE ELECTED.
Read the first time and referred to the Committee on Judiciary.
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Read the first time and referred to the Committee on Judiciary.
S. 71 -- Senator McConnell: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY, SO AS TO EXTEND THE STATE GRAND JURY'S JURISDICTION TO INCLUDE CRIMES INVOLVING ENVIRONMENTAL LAWS, STATE INCOME TAX LAWS, AND INSURANCE FRAUD.
Read the first time and referred to the Committee on Judiciary.
S. 72 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION THAT EMPLOYS A LAW ENFORCEMENT OFFICER WHO HAS SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY CHAPTER 23 OF THIS TITLE WHILE EMPLOYED BY ANOTHER POLITICAL SUBDIVISION MUST REIMBURSE THE POLITICAL SUBDIVISION THAT EMPLOYED THE OFFICER AT THE TIME OF TRAINING.
Read the first time and referred to the Committee on Judiciary.
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-200, SO AS TO PROVIDE THAT AN APPOINTED PUBLIC OFFICIAL WHOSE TERM OF OFFICE HAS EXPIRED WHO HAS NOT BEEN REAPPOINTED, AND FOR WHOM A SUCCESSOR HAS NOT BEEN APPOINTED, MAY NOT CONTINUE TO SERVE IN THAT OFFICE IN A HOLDOVER CAPACITY FOR A PERIOD IN EXCESS OF ONE YEAR.
Read the first time and referred to the Committee on Judiciary.
S. 74 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Read the first time and referred to the Committee on Judiciary.
S. 75 -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Read the first time and referred to the Committee on Judiciary.
S. 76 -- Senator Holland: A BILL 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.
Read the first time and referred to the Committee on Judiciary.
S. 77 -- Senator Holland: 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.
Read the first time and referred to the Committee on Judiciary.
S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
Read the first time and referred to the Committee on Judiciary.
S. 79 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
Read the first time and referred to the Committee on Judiciary.
S. 80 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-45 SO AS TO DEFINE THE CRIME OF PERFORMING A PARTIAL-BIRTH ABORTION, MAKE IT A FELONY, PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING PERFORMING A PARTIAL-BIRTH ABORTION TO THE LIST OF CRIMES DEFINED AS VIOLENT IN SECTION 16-1-60; AND BY ADDING SECTION 15-51-15 SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST ANY PERSON AIDING, ABETTING, OR PERFORMING A PARTIAL-BIRTH ABORTION.
Read the first time and referred to the Committee on Judiciary.
S. 81 -- Senator Rose: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT THAT A LICENSED ATTORNEY FILE A CERTIFICATION THAT THE REQUIREMENTS FOR INCORPORATION HAVE BEEN MET.
Read the first time and referred to the Committee on Judiciary.
S. 82 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES, BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE UNTIL THE GENERAL ASSEMBLY DIRECTS OTHERWISE BY LAW.
Read the first time and referred to the Committee on Judiciary.
S. 83 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530, SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2, SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.
Read the first time and referred to the Committee on Judiciary.
S. 84 -- Senator Wilson: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Read the first time and referred to the Committee on Judiciary.
S. 85 -- Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.
Read the first time and referred to the Committee on Judiciary.
S. 86 -- Senator McConnell: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO ADD SECTION 24, PROVIDING FOR THE "VICTIMS' BILL OF RIGHTS"; AND TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Read the first time and referred to the Committee on Judiciary.
S. 87 -- Senator Holland: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.
Read the first time and referred to the Committee on Judiciary.
S. 88 -- Senator Holland: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.
Read the first time and referred to the Committee on Judiciary.
S. 89 -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.
Read the first time and referred to the Committee on Judiciary.
S. 90 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13, SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NONGOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.
Read the first time and referred to the Committee on Corrections and Penology.
S. 91 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 72, SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN AN ATTENDANCE ZONE OR A DISTRICT OTHER THAN THE ONE IN WHICH THE STUDENT RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
Read the first time and referred to the Committee on Education.
S. 92 -- Senator McConnell: A BILL TO AMEND SECTION 59-121-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO DELETE THE PROVISION PROHIBITING THE ELECTION OF A MEMBER TO A TERM OF OFFICE WHICH EXTENDS BEYOND THE MEMBER'S SEVENTY-FIFTH BIRTHDAY.
Read the first time and referred to the Committee on Education.
S. 93 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
Read the first time and referred to the Committee on Education.
S. 94 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS_ LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS_ WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER_S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
Read the first time and referred to the Committee on Education.
S. 95 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-315 SO AS TO PROVIDE THAT ANY STUDENT ATTENDING A PRIVATE OR CHURCH SECONDARY SCHOOL WHO IS AT LEAST FIFTEEN YEARS OF AGE AND WHO IS NOT LICENSED TO DRIVE A MOTOR VEHICLE IN THIS STATE MAY ENROLL IN THE DRIVER EDUCATION AND TRAINING PROGRAM OF A PUBLIC SCHOOL WITHIN THE SCHOOL DISTRICT IN WHICH HE RESIDES OR IS ELIGIBLE TO ATTEND THE SCHOOLS THEREOF SUBJECT TO CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Education.
S. 96 -- Senator Rose: A BILL TO AMEND SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT TO RECEIVE FUNDS UNDER THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO PROVIDE THAT SURPLUS REVENUE MUST NOT BE USED IN CALCULATING THE LEVEL OF FINANCIAL EFFORT.
Read the first time and referred to the Committee on Education.
S. 97 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AUTHORIZE A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.
Read the first time and referred to the Committee on Education.
S. 98 -- Senators Courson, Wilson, Ravenel, McConnell and J. Verne Smith: A BILL TO AMEND TITLE 60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, BY ADDING CHAPTER 14 SO AS TO ESTABLISH THE SOUTH CAROLINA CONFEDERATE MUSEUM.
Read the first time and referred to the Committee on Education.
S. 99 -- Senator Rose: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-75 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A COURSE IN PARENTING WHICH EACH HIGH SCHOOL OF THIS STATE SHALL TEACH TO ALL STUDENTS BEGINNING WITH THE 1997-98 SCHOOL YEAR.
Read the first time and referred to the Committee on Education.
S. 100 -- Senator Rose: A BILL TO AMEND CHAPTER 67 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTATION OF PUPILS, BY ADDING ARTICLE 7, THE PUPIL TRANSPORTATION COST EFFECTIVENESS ACT, SO AS TO REDUCE SCHOOL BUS EXPENDITURES THROUGH THE USE OF COMPETITIVE CONTRACTS WITH PRIVATE COMPANIES SPECIALIZING IN SCHOOL PUPIL TRANSPORTATION AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH TRANSPORTATION SERVICES ARE PROVIDED; AND TO REPEAL SECTION 59-67-460 OF THE 1976 CODE RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES WITH PRIVATE INDIVIDUALS OR CONTRACTORS.
Read the first time and referred to the Committee on Education.
S. 101 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POST-SECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POST-SECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW THE DEDUCTION OF PAYMENTS FOR AND BENEFITS FROM AN ADVANCE PAYMENT CONTRACT FOR UNIVERSITY AND COMMUNITY COLLEGE ADVANCE PAYMENT PLANS, TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.
Read the first time and referred to the Committee on Education.
S. 102 -- Senator Rose: A BILL TO AMEND CHAPTER 31, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70, SO AS TO PROVIDE THAT A SCHOOL
DISTRICT MAY PURCHASE SCHOOL TEXTBOOKS APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE DIRECTLY FROM A PUBLISHER UNDER CONTRACT WITH THE STATE BOARD OF EDUCATION IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; AND BY ADDING SECTION 59-31-75, SO AS TO PROVIDE THAT A PUBLIC SCHOOL OF THIS STATE MAY NOT OFFER A COURSE IF ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE, OR IF THE COURSE MATERIAL WILL NOT BE AVAILABLE WITHIN THE FIRST TWO WEEKS OF CLASSES UNLESS THE SCHOOL BOARD OF TRUSTEES DETERMINES THE CLASS SHOULD BE OFFERED.
Read the first time and referred to the Committee on Education.
S. 103 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 70, SO AS TO ENACT THE PARENTAL CHOICE IN EDUCATION ACT AUTHORIZING A STUDENT TO ATTEND A PUBLIC OR PRIVATE SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH THE STUDENT RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
Read the first time and referred to the Committee on Education.
S. 104 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD, BY REGULATION, TO PRESCRIBE THE USE OF PHONICS IN TEACHING READING AND TO PROVIDE IN-SERVICE TRAINING IN PHONICS.
Read the first time and referred to the Committee on Education.
S. 105 -- Senator Passailaigue: A BILL TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 149, TO PROVIDE FOR THE HIGHER EDUCATION LEADERSHIP PROGRAM (HELP).
Read the first time and referred to the Committee on Education.
S. 106 -- Senator Passailaigue: A BILL TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165 OF THE 1976 CODE, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 107 -- Senators Giese, McGill and Lander: A BILL TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF DISABLED PERSONS, SO AS TO PROMOTE THE USE OF ASSISTANCE DOGS AND TO ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION, AND TREATMENT OF PERSONS WITH DISABILITIES USING GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL PENALTIES FOR VIOLATIONS.
Read the first time and referred to the General Committee.
S. 108 -- Senator Rose: A BILL TO AMEND SECTION 43-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES COUNTY BOARDS, SO AS TO PROVIDE THAT THESE BOARDS SHALL ESTABLISH, COLLECT, AND ENFORCE CHILD SUPPORT ORDERS.
Read the first time and referred to the General Committee.
S. 109 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
Read the first time and referred to the General Committee.
S. 110 -- Senator Mescher: A BILL TO AMEND SECTION 56-3-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE SELLER, RATHER THAN THE PURCHASER, OF NEWLY ACQUIRED VEHICLES TO REGISTER AND LICENSE SUCH VEHICLES.
Read the first time and referred to the Committee on Transportation.
S. 111 -- Senators Land and Martin: A BILL TO AMEND ARTICLE 17, CHAPTER 3, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR DISABLED PERSONS, SO AS TO FURTHER PROVIDE FOR THE PROVISION AND USE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS, TO PROVIDE SPECIFICATIONS FOR ACCESSIBLE PARKING SPACES FOR DISABLED PERSONS, TO PROVIDE PENALTIES FOR MISUSE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS AND FOR THE DISTRIBUTION OF FEES COLLECTED FOR VIOLATIONS OF THIS PROVISION; AND TO REPEAL ARTICLE 18, CHAPTER 3, TITLE 56, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS.
Read the first time and referred to the Committee on Transportation.
S. 112 -- Senators Peeler and Hayes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 5 WITH SOUTH CAROLINA BUSINESS HIGHWAY 5 AND SOUTH CAROLINA ROAD S-75 IN YORK COUNTY.
Read the first time and referred to the Committee on Transportation.
S. 113 -- Senators Giese, McGill and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 69 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS; AND TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "PRIVATE MOTOR VEHICLE OR PRIVATE PASSENGER MOTOR VEHICLE".
Read the first time and referred to the Committee on Transportation.
S. 114 -- Senator Rose: A BILL TO AMEND SECTION 56-28-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, NONCONFORMITY WITH EXPRESS WARRANTIES, AND REQUIRED NOTICE AND REPAIRS, SO AS TO CHANGE THE TERM OF SUCH WARRANTIES FROM "THE FIRST TWELVE MONTHS OF PURCHASE OR THE FIRST TWELVE THOUSAND MILES OF OPERATION, WHICHEVER OCCURS FIRST", TO "THE WARRANTY PERIOD".
Read the first time and referred to the Committee on Transportation.
S. 115 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR THE ISSUANCE AND COST OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.
Read the first time and referred to the Committee on Transportation.
S. 116 -- Senator Wilson: A BILL TO AMEND SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES.
Read the first time and referred to the Committee on Transportation.
S. 117 -- Senator Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 35, THE FIRST PURCHASE FAMILY HOUSING ACT, SO AS TO AUTHORIZE THE ESTABLISHMENT OF INDIVIDUAL HOUSING ACCOUNTS; TO EMPOWER FINANCIAL INSTITUTIONS TO HANDLE THE ACCOUNTS AND TO PROVIDE THAT CONTRIBUTIONS TO THE ACCOUNTS WHEN USED SOLELY IN CONNECTION WITH THE PURCHASE OF A FIRST PRINCIPAL RESIDENCE ARE TAX DEDUCTIBLE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 118 -- Senator Giese: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 119 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-110, SO AS TO PROVIDE THAT ANY PERSON MAKING A FIRST MORTGAGE REAL ESTATE LOAN WHO REQUIRES THE BORROWER TO HAVE AN ESCROW ACCOUNT AS A CONDITION OF THE LOAN SHALL PAY INTEREST ON AT LEAST NINETY-FIVE PERCENT OF THE FUNDS IN THE ESCROW ACCOUNT AT THE SAME RATE AS CHARGED ON THE PRINCIPAL OF THE MORTGAGE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 120 -- Senator Rose: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-125, SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST TWENTY-FOUR HOURS FOLLOWING A MASTECTOMY, AND TO PROVIDE FOR EXCEPTIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 121 -- Senator Passailaigue: A BILL TO AMEND SECTION 37-5-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CURE OF DEFAULT, SO AS TO PROVIDE PROCEDURES FOR CREDITORS TO FOLLOW WHEN REPOSSESSING GOODS THAT ARE SUBJECT TO AN INSTALLMENT CONTRACT UPON DEFAULT BY THE CONSUMER.
Read the first time and referred to the Committee on Banking and Insurance.
S. 122 -- Senator Wilson: A BILL TO ENACT THE "SAFE DRIVER_S RESPONSIBILITY ACT" BY ADDING SECTION 38-73-738 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED_S DRIVER_S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER_S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 123 -- Senator McConnell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT THERE IS NO REQUIREMENT FOR AN INSURER OR AN INSURANCE AGENT
TO OFFER UNDERINSURED MOTORIST COVERAGE AT LIMITS LESS THAN THE STATUTORILY REQUIRED BODILY INJURY OR PROPERTY DAMAGE LIMITS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 124 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Read the first time and referred to the Committee on Banking and Insurance.
S. 125 -- Senators McConnell, Courtney, Passailaigue, Patterson, Jackson, Matthews, Hayes and Reese: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO THE PROVISIONS FOR COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO "ANY AUTOMOBILE INSURER", AND TO AMEND THE SAME SECTION FOR THE PERIOD JANUARY 1 TO SEPTEMBER 30, 1998, SO AS TO PROVIDE THAT ALL AUTOMOBILE INSURERS, INCLUDING THOSE WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY AT THEIR OWN ELECTION, MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, EXCEPT FOR REASONS SPECIFIED IN SECTION 38-77-123, AT THE RATES AND UNDER THE RULES AS HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001 SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 126 -- Senator Hayes: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING NEGOTIABLE INSTRUMENTS, SO AS TO REVISE THE CHAPTER IN ITS ENTIRETY; TO AMEND CHAPTER 4 OF TITLE 36, RELATING TO BANK DEPOSITS AND COLLECTIONS, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; TO AMEND SECTIONS 36-1-201, AS AMENDED, AND 36-1-207, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; AND TO AMEND SECTION 36-2-511, RELATING TO TENDER OF PAYMENT IN SALES CHAPTER, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3.
Read the first time and referred to the Committee on Banking and Insurance.
S. 127 -- Senators McConnell and Ravenel: A SENATE RESOLUTION TO AMEND SENATE RULE 13, RELATING TO POINTS OF PERSONAL PRIVILEGE, SO AS TO SPECIFY WHEN REMARKS OF THIS NATURE ARE ALLOWED AND TO FURTHER SPECIFY TIME LIMITS REGARDING POINTS OF PERSONAL PRIVILEGE.
Read the first time and referred to the Committee on Rules.
S. 128 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 129 -- Senators Jackson and Hayes: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR ACT OF 1990, SO AS TO INCLUDE PUBLIC AREAS OF THE STATE HOUSE AS PLACES WHERE SMOKING IS PROHIBITED.
Read the first time and referred to the Committee on Medical Affairs.
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
Read the first time and referred to the Committee on Medical Affairs.
S. 131 -- Senator Wilson: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
Read the first time and referred to the Committee on Medical Affairs.
S. 132 -- Senators Giese, Passailaigue, Bryan, Courson, Elliott, Jackson, Lander, Leventis, Mescher, Reese, Setzler, Wilson, Ryberg, McGill and Holland: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 133 -- Senator Hayes: A BILL TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.
Read the first time and referred to the Committee on Medical Affairs.
S. 134 -- Senator McConnell: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT SELF-PROPELLED HEAVY-DUTY CONSTRUCTION EQUIPMENT OWNED BY A LOCAL POLITICAL SUBDIVISION FOR THE PURPOSE OF CONSTRUCTION OR MAINTENANCE OF ROADS AND DRAINAGE.
Read the first time and referred to the Committee on Finance.
S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(c) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
Read the first time and referred to the Committee on Finance.
S. 136 -- Senator McConnell: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX IMPOSED ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO LIMIT TO THREE HUNDRED DOLLARS THE MAXIMUM SALES TAX WHICH MAY BE IMPOSED UPON SELF-PROPELLED HEAVY-DUTY CONSTRUCTION EQUIPMENT PURCHASED BY A LOCAL POLITICAL SUBDIVISION FOR THE PURPOSE OF CONSTRUCTION OR MAINTENANCE OF ROADS AND DRAINAGE.
Read the first time and referred to the Committee on Finance.
S. 137 -- Senator Rose: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING CHAPTER 14, SO AS TO ENACT THE LOCAL OPTION GASOLINE TAX ACT.
Read the first time and referred to the Committee on Finance.
S. 138 -- Senator Rose: A BILL TO AMEND CHAPTER 45, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-72, SO AS TO REQUIRE ESCROW AGENTS RECEIVING AD VALOREM TAX PAYMENTS ON REAL PROPERTY TO REMIT THE TOTAL AMOUNT RECEIVED FOR TAXES TO THE APPROPRIATE TAXING ENTITY ON A QUARTERLY BASIS, TO PROVIDE FOR DUE DATES, AND TO PROVIDE A PENALTY FOR FAILURE TO MAKE TIMELY REMITTANCES WHICH MAY BE WAIVED UPON GOOD CAUSE SHOWN.
Read the first time and referred to the Committee on Finance.
S. 139 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE_S EMPLOYER.
Read the first time and referred to the Committee on Finance.
S. 140 -- Senator Wilson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM AND BALLOT FOR THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A REFERENDUM TO IMPOSE THE TAX MAY BE HELD ONLY AT THE TIME OF THE GENERAL ELECTION.
Read the first time and referred to the Committee on Finance.
S. 141 -- Senators Land, Moore and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE OR BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.
Read the first time and referred to the Committee on Finance.
S. 142 -- Senator Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAXES, SO AS TO PROHIBIT THE IMPOSITION OF A RETROACTIVE TAX INCREASE EXCEPT UPON A TWO-THIRDS MAJORITY VOTE OF BOTH HOUSES OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.
S. 143 -- Senator Rose: A BILL TO AMEND SECTION 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF ACCOMMODATIONS TAX REVENUES, SO AS TO PROVIDE THAT ONE MILLION DOLLARS OF THE REVENUES OF THE ACCOMMODATIONS TAX IN A FISCAL YEAR MUST BE REMITTED QUARTERLY TO ANY COUNTY IN WHICH IS COLLECTED MORE THAN SIX MILLION DOLLARS IN SUCH REVENUES IN THE FISCAL YEAR AND TO PROVIDE THAT THE COUNTY MUST USE THIS ALLOCATION ONLY FOR ROAD CONSTRUCTION OR MAINTENANCE.
Read the first time and referred to the Committee on Finance.
S. 144 -- Senator Rose: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL
GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE OPTIONAL SPECIAL SALES AND USE TAX ACT AND PROVIDE FOR THE USE OF THE REVENUE.
Read the first time and referred to the Committee on Finance.
S. 145 -- Senator Wilson: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW UP TO NINETY DAYS OF A MEMBER_S UNUSED SICK LEAVE TO BE USED TO QUALIFY FOR THE CREDITED SERVICE REQUIREMENTS FOR SERVICE RETIREMENT.
Read the first time and referred to the Committee on Finance.
S. 146 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-8-610 SO AS TO ALLOW A RESIDENT INDIVIDUAL TAXPAYER TO DIRECT HIS EMPLOYER TO CEASE STATE INCOME TAX WITHHOLDING ON THE TAXPAYER_S WAGES.
Read the first time and referred to the Committee on Finance.
S. 147 -- Senator Wilson: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST FORTY THOUSAND DOLLARS BEGINNING WITH THE 1997 TAX YEAR.
Read the first time and referred to the Committee on Finance.
S. 148 -- Senator Wilson: A BILL TO AMEND SECTION 12-6-3330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE AN ALTERNATIVE CREDIT CALCULATION THAT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY AND DELETING PROVISIONS LIMITING THE CREDIT TO EARNED INCOME, AND ALLOWING TAXPAYERS TO ELECT THE CALCULATION ALLOWING THE LARGER CREDIT.
Read the first time and referred to the Committee on Finance.
S. 149 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-90, SO AS TO PROHIBIT THE DIRECT OR INDIRECT USE OF PUBLIC FUNDS TO PROMOTE, ADVERTISE, OR LOBBY FOR A TAX INCREASE AND TO DEFINE "PUBLIC FUNDS".
Read the first time and referred to the Committee on Finance.
S. 150 -- Senator Rose: A BILL TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1219, SO AS TO ALLOW A TAX CREDIT FOR EMPLOYERS WHO PROVIDE EMPLOYEES PAID MATERNITY LEAVE OR PAID LEAVE IN CONNECTION WITH AN EMPLOYEE_S ADOPTION OF A CHILD.
Read the first time and referred to the Committee on Finance.
S. 151 -- Senator Rose: A BILL TO AMEND CHAPTER 7, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1257, SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR A LICENSED PHYSICIAN WHO PROVIDES PROFESSIONAL SERVICES TO AN INDIGENT PATIENT IN AN AMOUNT EQUAL TO FIVE PERCENT OF THE AMOUNT THAT WOULD BE PAID BY THE STATE HEALTH PLAN FOR THE SERVICES PROVIDED.
Read the first time and referred to the Committee on Finance.
S. 152 -- Senator Rose: A BILL TO AMEND ARTICLE 5, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-450, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT APPROPRIATE REVENUES COLLECTED OR ACCRUED FROM THE LEVY OF ANY TAX, FEE, OR CHARGE FOR ANY PURPOSE OTHER THAN THE ONE FOR WHICH THE PROCEEDS OF WERE TO BE APPLIED AT THE TIME OF ENACTMENT EXCEPT UPON AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.
S. 153 -- Senator Rose: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY BE PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
Read the first time and referred to the Committee on Finance.
S. 154 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
Read the first time and referred to the Committee on Finance.
S. 155 -- Senator Rose: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3395, SO AS TO ENACT THE AFFORDABLE HOUSING TAX CREDIT ACT.
Read the first time and referred to the Committee on Finance.
S. 156 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 62, SO AS TO PROVIDE FOR THE "PROPERTY TAX REDUCTION WORK ACT"; TO PERMIT TAXPAYERS TO REDUCE THEIR PROPERTY TAX DEBT UNDER CERTAIN CIRCUMSTANCES BY BECOMING "RESIDENT ASSOCIATES" WORKING PART-TIME FOR THE COUNTY IN LIMITED POSITIONS.
Read the first time and referred to the Committee on Finance.
S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Read the first time and referred to the Committee on Finance.
S. 158 -- Senator Passailaigue: A BILL TO ENACT THE "PROPERTY OWNER PROTECTION AND GOVERNMENT WASTE REDUCTION ACT OF 1997"; TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12 OF THE 1976 CODE, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-224, SO AS TO PROVIDE THAT THE VALUE OF REAL PROPERTY FOR THE PURPOSES OF AD VALOREM TAXATION MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER_S SPOUSE; TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE; TO PROVIDE THAT THE VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER_S SPOUSE; AND TO PROVIDE THAT THE VALUE OF PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER_S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT (100%) HIGHER THAN THE VALUE OF THE PROPERTY IN 1992; TO AMEND CHAPTER 20, TITLE 59, RELATING TO THE EDUCATION FINANCE ACT, BY ADDING SECTION 59-20-85, SO AS TO HOLD DISTRICTS HARMLESS FOR CHANGES IN WEALTH OR PUPIL NUMBERS FOR THE PURPOSE OF COMPUTING STATE AID; TO PROVIDE FOR A REFERENDUM IN EACH COUNTY TO DECIDE UPON THE ELIMINATION OF THE OFFICE OF COUNTY ASSESSOR; AND TO AMEND CHAPTER 37, TITLE 12 BY ADDING ARTICLE 2, SO AS TO PROVIDE THAT IN COUNTIES WHERE THE ASSESSOR'S OFFICE IS ELIMINATED, THE DUTIES ARE TRANSFERRED TO THE DEPARTMENT OF REVENUE AND THE COUNTY TREASURER, AND TO PROVIDE THAT THE COST SAVINGS WILL BE USED FOR PROPERTY TAX RELIEF.
Read the first time and referred to the Committee on Finance.
S. 159 -- Senators Giese, Passailaigue, Bryan, Courson, Elliott, Jackson, Lander, Mescher, Reese, Setzler, Wilson, McGill, Hayes and Holland: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS.
Read the first time and referred to the Committee on Finance.
S. 160 -- Senator Wilson: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE TO CERTAIN ENTITIES AND PERSONNEL, SO AS TO AUTHORIZE THE PROVIDING OF INSURANCE FOR STATE CONSTABLES TO PROTECT THESE PERSONNEL AGAINST TORT LIABILITY.
Read the first time and referred to the Committee on Finance.
S. 161 -- Senators Giese, Passailaigue, Alexander, Bryan, Elliott, Jackson, Lander, Mescher, Reese, Setzler, Wilson, McGill and Holland: A BILL TO AMEND SECTION 12-6-3390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A PERCENTAGE OF EXPENSES PAID TO A NURSING FACILITY OR FOR IN-HOME OR COMMUNITY CARE, SO AS TO ALSO AUTHORIZE THIS CREDIT FOR A PERCENTAGE OF PREMIUMS PAID FOR LONG-TERM CARE INSURANCE.
Read the first time and referred to the Committee on Finance.
S. 162 -- Senators Giese, Passailaigue, Bryan, Courson, Elliott, Jackson, Lander, Mescher, Reese, Setzler, Wilson, McGill and Holland: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR EMPLOYERS FOR CHILD CARE PROGRAMS, SO AS TO INCLUDE ADULT CARE.
Read the first time and referred to the Committee on Finance.
S. 163 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY OF MR. GEORGE W. BRELSFORD, V OF AIKEN WHO DIED DURING THE LEGISLATIVE INTERIM.
The Senate Resolution was adopted.
S. 164 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY OF MR. JAMES F. KIRKLAND OF NORTH AUGUSTA WHO DIED DURING THE LEGISLATIVE INTERIM.
The Senate Resolution was adopted.
S. 165 -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION DECLARING THE THIRD SUNDAY IN OCTOBER OF EACH YEAR AS "VOLUNTEER FIREFIGHTERS DAY" IN SOUTH CAROLINA AND URGING APPROPRIATE OBSERVANCE OF THE DAY BY ALL SOUTH CAROLINIANS SO THAT THEY MIGHT HONOR THE GREAT CONTRIBUTION TO THE PUBLIC SAFETY RESULTING FROM THE SERVICE OF, AND SACRIFICES MADE BY, VOLUNTEER FIREFIGHTERS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 166 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Mescher, Ravenel and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. CHARLES C. WANNAMAKER OF NORTH CHARLESTON, A FAMILY PHYSICIAN AND ELECTED REPRESENTATIVE OF CHARLESTON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 167 -- Senator Wilson: A CONCURRENT RESOLUTION CREATING A COMMITTEE FOR THE PURPOSE OF SELECTING AN APPROPRIATE SITE AND ERECTING A SUITABLE MONUMENT ON THE STATE HOUSE GROUNDS RECOGNIZING THE ACHIEVEMENTS OF CITIZENS OF SOUTH CAROLINA IN THE WORLD OF SCIENCE AND EDUCATION.
Whereas, many South Carolinians have made valuable, outstanding contributions to science and education, bringing recognition and acclaim to our State and to our Nation; and
Whereas, it is proper and fitting to recognize these South Carolinians, their accomplishments, and contributions. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That there is created a committee whose purpose is to select an appropriate site and to cause to be erected a suitable monument on the State House grounds. All matters associated with site selection and erection of the monument are vested in the committee; however, the committee should consider:
(1) recognizing South Carolina inventors and inventions, possibly labelling a portion of the monument "First in South Carolina";
(2) commemorating South Carolina's Nobel Prize winners;
(3) dedicating a portion of the monument to South Carolina_s astronauts, possibly including a statue or bust of Ron McNair.
Additionally, the committee shall consult the Division of General Services on the matter of the site and the division shall advise and render necessary service to the committee on this matter.
The committee is composed of nine members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House; and three nonlegislator citizens of the State appointed by a majority of the committee_s six legislative members. The committee members shall elect a chairman and other officers they consider necessary. The committee shall meet at times and places as indicated by the chairman or by any five other members of the committee.
No member of the committee may receive subsistence, per diem, or mileage in connection with his committee service.
Once the monument has been erected, the committee is dissolved.
Referred to the General Committee.
S. 168 -- Senator Rose: A CONCURRENT RESOLUTION TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES TO PUBLISH THE SOUTH CAROLINA LEGISLATIVE MANUAL ONLY ONCE DURING THE 112TH GENERAL ASSEMBLY.
Whereas, the South Carolina Legislative Manual is currently published once every year; and
Whereas, the General Assembly is in the first year of a two-year legislative session; and
Whereas, the publication of the South Carolina Legislative Manual is an undertaking done at substantial cost to the taxpayers of South Carolina; and
Whereas, there are no significant purposes for publishing the manual annually that justify the costs. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Legislative Manual is to be published only once during the 112th General Assembly.
Be it further resolved that a copy of this resolution be forwarded to the Clerk of the House of Representatives.
Referred to the Committee on Judiciary.
S. 169 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO CELEBRATE THE FOUNDING OF THE JOHN DE LA HOWE SCHOOL TWO HUNDRED YEARS AGO AND TO DECLARE JANUARY 29, 1997, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA.
Whereas, January 2, 1997, marks the two hundredth anniversary of the death of Dr. John de la Howe, a prominent South Carolina citizen; and
Whereas, Dr. John de la Howe bequeathed his entire estate for the purpose of establishing a rural school to serve poor and orphaned children; and
Whereas, the South Carolina General Assembly, in 1918, recognizing the value of the school's mission, assumed responsibility for the school; and
Whereas, the programs of John de la Howe School have stood the test of time and continue to serve South Carolina families well; and
Whereas, John de la Howe School is in the midst of a year-long bicentennial celebration of the school's founding. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby congratulate the John de la Howe School on the occasion of its two hundredth anniversary and pause to honor Dr. John de la Howe and the hundreds of South Carolinians who have made his school successful.
Be it further resolved that the South Carolina General Assembly declares January 29, 1997, as "John de la Howe School Day" in South Carolina and encourages all South Carolina citizens to take this opportunity to learn more about the proud history and important mission of this South Carolina institution.
Be it further resolved that a copy of this resolution be forwarded to John C. Shiflet, Jr., Superintendent of the John de la Howe School.
Referred to the Committee on Invitations.
H. 3219 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 1997, AT THE KOGER CENTER FOR THE ARTS.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 22, 1997, at the Koger Center for The Arts.
Referred to the Committee on Invitations.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Bankers Assn. to attend a reception at the Adam_s Mark on Tuesday, January 14, 1997, from 6:00 until 8:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Cable Television Assn. to attend a reception at the Capital City Club on Tuesday, January 28, 1997, from 7:30 until 9:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from John de la Howe School to attend a breakfast drop-in located in Room 208 Blatt Bldg. on Wednesday, January 29, 1997, from 8:00 until 10:00 A.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Federation for Older Americans to attend a luncheon at the Capital Senior Center on Wednesday, January 29, 1997, immediately upon adjournment and lasting until 1:45 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Education Assn. to attend a reception at the State Museum on Wednesday, January 29, 1997, from 6:00 until 9:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
NAYS
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Clarion Town House to attend an oyster roast at the Clarion Town House on Wednesday, January 22, 1997, from 8:00 until 11:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Broadcasters Assn. to attend a shrimp and grits breakfast in Room 208 Blatt Bldg. on Thursday, January 23, 1997, from 8:00 until 10:00 A.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from State Board of Technical and Comprehensive Education to attend a reception at the State Museum on Tuesday, January 28, 1997, from 6:00 until 7:30 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from National Federation of the Blind to attend a luncheon in Room 208 Blatt Bldg. on Wednesday, January 15, 1997, immediately upon adjournment and lasting until 2:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Carolinas AGC to attend a reception at the Koger Center on Wednesday, January 15, 1997, from 6:00 until 8:00 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Chamber of Commerce to attend a reception at the Capital City Club on Tuesday, January 21, 1997, from 6:00 until 7:30 P.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Assn. of Council on Aging to attend a breakfast at the Clarion Town House on Wednesday, January 15, 1997, from 8:00 until 8:45 A.M.
Courson Peeler Wilson Matthews Patterson Russell O_Dell Passailaigue Rose McGill
Senator COURTNEY introduced Dr. Carol Nichols of Spartanburg, S.C., Doctor of the Day.
At 6:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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