Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
The day after the inauguration of President Clinton.
Beloved, as we prepare for another week, hear words of St. Paul to the Ephesians who lived in a city of many idols. Ephesians 6:11:
"Put on the whole armor of God,
So that you may be able to stand against the
wiles of the devil...
For our struggle is not against enemies of blood and flesh... but against the cosmic powers of this present darkness, against the spiritual forces of evil..."
Let us pray.
Our Father, as we study the Book of Life, we understand that in the arsenal of the Lord's warrior there is no armor provided for the back, which indicates that the soldier of the Lord is not intended to run from the battle but to stand and fight the daily fight of faith.
So today, against our enemies of frustration, and impatience, and uncertainty, and indecision... renew our quivers with arrows of spiritual power.
Today, in a very special way, O Lord, we pray for our government at every level: enlighten... inspire... energize... and give divine wisdom to our president and congress, our governor and legislature... and all our courts and law enforcement officers... and all our common citizens... like us.
Give them, O Lord, spiritual arrows for all their quivers, in the Name of all that is Holy!
Amen!
Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courson Drummond Elliott Ford 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 Saleeby Setzler Short Smith Thomas Waldrep Williams Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
July 11, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Lasonia C. Mayes, 106-B Middle Street, Greenwood, S.C. 29649
Received as information.
August 13, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable John B. Bassard, Post Office Box 1324, Manning, S.C. 29102 VICE William R. DuBose (deceased)
Received as information.
August 23, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Berkeley County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461
Received as information.
September 6, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Jeffrey Dean Bailey, 319 Mt. Tabor Church Road, Union, S.C. 29379 VICE Jack Bartley Webber (vacated)
Received as information.
October 9, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536
Received as information.
October 11, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mrs. Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Mrs. Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Received as information.
October 15, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mrs. Linda S. Edwards, 814 Mark Road, Dillon, S.C. 29536
Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563
Received as information.
October 23, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointments, Georgetown County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Isaac L. Pyatt, 162 Julian Court, Georgetown, S.C. 29440 VICE Herbert K. Knox (resigned)
Honorable Mary Alice Williams, 5686 Old Pee Dee Road, Hemingway, S.C. 29554 VICE A.E. Barnhill, Jr. (deceased)
Received as information.
December 10, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Lisa H. Cain, 116 Flatwood Road, Hodges, S.C. 29653
Received as information.
January 7, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Newberry County Probate Judge, with term to commence January 1995, and to expire at the end of the term and when a successor is elected and qualified:
Honorable Elizabeth R. Griffith, 1413 Griffith Park, Newberry, S.C. 29108 VICE Margaret H. Schumpert (resigned)
Received as information.
Senator LAND introduced Dr. J. Capers Hiott of Sumter, S.C., Doctor of the Day.
Senators, it is my pleasure to introduce to the Senate a group of visitors from South Carolina's religious community. They have come to be with us today to deliver the statement on your desks entitled A STATEMENT FROM SOUTH CAROLINA RELIGIOUS LEADERS CONCERNING THE CONFEDERATE BATTLE FLAG.
Our guests are:
Dr. Willie E. Givens, Jr., President of the Baptist Educational and Missionary Convention
The Right Rev. Dorsey Henderson, Bishop of the Episcopal Diocese of Upper South Carolina
The Rev. Mr. Michael Lumpkin, representing the Right Rev. Edward Salmon, Bishop of the Episcopal Diocese of South Carolina
Rabbi Sanford Marcus, Representative of the Central Conference of American Rabbis
The Rev. Dr. Robert J. Rea, Jr., Executive Presbyter of Providence Presbytery, Presbyterian Church (U.S.A.)
Imam Omar Shaheed, Representing the Masjid As-Salaam Community
The Most Rev. David B. Thompson, Bishop of the Roman Catholic Diocese of Charleston
The Right Rev. James C. West, Bishop Coadjutor, Diocese of the Southeast of the Reformed Episcopal Church
Barbara Sheridan, Representing Baha'i Community
While these guests are here with us, another group of similar stature is being introduced to the House of Representatives and several hundred clergy and religious leaders have encircled our building and are praying for us in a silent vigil. When we adjourn, these guests and those outside
will be pleased to have you stop and talk with them about this important issue.
We are leaders and ordained clergy of religious communities across the State of South Carolina. Our religious beliefs and practices sometimes differ from one another. Nevertheless, whatever else we do, we try to represent the voices of respect, honor, reconciliation, and healing in the world around us.
For the sake of these values, we urge our political leaders and legislators to find a way to transfer the Confederate Battle Flag, gracefully, from atop the State House to a more appropriate location, one determined by the people of good will working together in mutual respect to serve the common good of all.
We are aware, of course, that this action will not resolve all of our state's social and racial problems. But we are convinced that until this particular issue is resolved, our attention and energies will continue to be diverted from the more substantive issues and challenges which lie before us and which we must face together if we are to forge the kind of South Carolina we all want and need as we enter the twenty-first century.
We are also aware that taking this action will require a certain amount of sacrifice on all sides, particularly since the Confederate Flag represents so many different things to so many different people. It is for this reason that we appeal to the highest and best in all our citizens through our various religious traditions, encouraging one another to move forward in faith and hope and charity, not pitting ourselves against each other but seeking reconciliation with one another for a stronger and better South Carolina.
In short, we seek a political climate that is marked less by division and confrontation and more by cooperation and mutual respect. Our hope and prayer is that, beginning here and now, we can bind up wounds of our past, discover new ways of relating to one another in the present, and move forward together to a more hopeful future as people of one state and children of one God.
The following were introduced:
S. 200 -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 201 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.
Read the first time and referred to the Committee on Banking and Insurance.
S. 202 -- Senator Leventis: A BILL TO AMEND CHAPTER 1, TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401, SO AS TO ENACT THE "POSTMARK PROMPT PAYMENT ACT", WHICH ESTABLISHES, FOR CERTAIN TRANSACTIONS, THE POSTMARK DATE AS THE DATE A PAYMENT SHALL BE DEEMED RECEIVED BY THE PAYEE.
Senator LEVENTIS spoke on the Bill .
Read the first time and referred to the Committee on Banking and Insurance.
S. 203 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR CERTAIN MINIMUM AUTOMOBILE INSURANCE COVERAGES, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 205 -- Senators Thomas, Lander and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE; AND TO AMEND ACT 437 OF 1996 RELATING TO CRIME VICTIMS AND RESTITUTION, SO AS TO DELETE PROVISIONS RELATING TO THE IMPLEMENTATION OF SUCH ACT.
Read the first time and referred to the Committee on Corrections and Penology.
S. 206 -- Senator Leventis: A BILL TO REPEAL SECTION 59-63-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT THE CHILD ATTENDS AND PROVIDING THAT ANY NONRESIDENT STUDENT OF THE DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.
Read the first time and referred to the Committee on Education.
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Read the first time and referred to the Committee on Finance.
S. 208 -- Senator Wilson: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.
Read the first time and referred to the Committee on Finance.
S. 209 -- Senator Wilson: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM OF THE MUNICIPALITY AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Read the first time and referred to the Committee on Finance.
S. 210 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE APPROPRIATIONS FOR CERTAIN AGENCIES, DEPARTMENTS, COMMITTEES, COMMISSIONS, UNIVERSITIES, COLLEGES, COUNCILS, AND BOARDS TO BE CONSIDERED IN A SEPARATE APPROPRIATIONS BILL.
Read the first time and referred to the Committee on Finance.
S. 211 -- Senator Giese: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS OFFICE OF HUMAN RESOURCES IN THE OPERATION OF THE STATE PERSONNEL SYSTEM, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A SCHEDULE OF ANNUAL LONGEVITY BASE PAY INCREASES FOR CLASSIFIED STATE EMPLOYEES LIMITED TO TWENTY SUCH LONGEVITY RAISES FOR A SINGLE EMPLOYEE AND A SCHEDULE OF BASE PAY INCREASES FOR CLASSIFIED EMPLOYEES WHO OBTAIN ADDITIONAL EDUCATIONAL QUALIFICATIONS DIRECTLY RELATED TO IMPROVING JOB PERFORMANCE AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
S. 212 -- Senator Giese: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST TWENTY-FIVE THOUSAND DOLLARS AND TO DELETE OBSOLETE PROVISIONS.
Read the first time and referred to the Committee on Finance.
S. 213 -- Senator Reese: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT WHICH MAY BE ESTABLISHED UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MILITARY SERVICE WHICH MAY OTHERWISE BE ESTABLISHED INCLUDES THE PERIOD OF ENLISTMENT IN SENIOR OR ADVANCED ROTC, IF THE ENLISTEE WAS COMPENSATED FOR THIS SERVICE AND WAS SUBSEQUENTLY COMMISSIONED.
Read the first time and referred to the Committee on Finance.
S. 214 -- Senator Bryan: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE, SO AS TO RESTRICT ALL FORMS OF HUNTING WITHIN ONE HUNDRED YARDS OF A RESIDENCE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 215 -- Senators Rose and Cork: A BILL TO AMEND SECTIONS 16-3-510 AND 16-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF HAZING, SO AS TO REDEFINE THE APPLICATION OF THIS OFFENSE, AND TO MODIFY AND REVISE THE PENALTIES; AND TO REPEAL SECTION 59-101-200, RELATING TO HAZING AT STATE-SUPPORTED UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING.
Senator ROSE spoke on the Bill .
Read the first time referred to the Committee on Judiciary.
S. 216 -- Senator Wilson: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
Read the first time and referred to the Committee on Judiciary.
S. 217 -- Senators Wilson and Hayes: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, AND 11-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS; AND TO ADD SECTION 11-11-95, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH, AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS MUST BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Read the first time and referred to the Committee on Judiciary.
S. 218 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
Read the first time and referred to the Committee on Judiciary.
S. 219 -- Senator Wilson: A BILL TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS THE CANDIDATE RECEIVING THE MOST VOTES CAST IN EXCESS OF FORTY PERCENT OF THE VOTES CAST FOR THE OFFICE, REDUCE FROM A MAJORITY TO FORTY PERCENT THE PERCENTAGE OF VOTERS VOTING IN A PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES FORTY PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO THE DETERMINATION OF A MAJORITY VOTE.
Read the first time referred to the Committee on Judiciary.
S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
Read the first time and referred to the Committee on Judiciary.
S. 221 -- Senator Wilson: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY TO QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL ELECTION, SO AS TO REQUIRE THAT ALL CANDIDATES MUST FILE THE STATEMENT WITH THE COUNTY ELECTION COMMISSION OF THE COUNTY IN WHICH THEY RESIDE INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OR STATE EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
Read the first time and referred to the Committee on Judiciary.
S. 222 -- Senator McConnell: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND CRIMINAL SEXUAL CONDUCT, BY ADDING SECTION 16-3-612, SO AS TO PROVIDE THAT A STUDENT CONVICTED OF ASSAULT AND BATTERY OF A SCHOOL OFFICIAL MUST BE PUNISHED BY IMPRISONMENT FOR NOT MORE THAN TWELVE MONTHS OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH; TO AMEND SECTION 20-7-7210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE THAT A CHILD WHO COMMITS ASSAULT AND BATTERY AGAINST A SCHOOL OFFICIAL IS ELIGIBLE FOR DETENTION IN A SECURE FACILITY; TO AMEND SECTION 22-3-560 OF THE 1976 CODE, RELATING TO ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE, SO AS TO PROVIDE THAT A MAGISTRATE MAY SENTENCE A PERSON TO NO MORE THAN 30 DAYS IN PRISON OR NO MORE THAN A $200 FINE AS LONG AS THE OFFENSE IS NOT COMMITTED AGAINST A SCHOOL OFFICIAL UNDER SECTION 16-3-612; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL CRIME REPORTING, BY ADDING SECTION 59-63-370 TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE MUST IMMEDIATELY REPORT A STUDENT'S CONVICTION UNDER SECTION 16-3-612 TO THE SENIOR SCHOOL ADMINISTRATOR WHO THEN MUST NOTIFY THE STUDENT'S TEACHERS; BY ADDING SECTION 59-63-380 TO PROVIDE FOR IMMUNITY FOR SCHOOL OFFICIALS IN REPORTING SCHOOL-RELATED CRIME; AND BY ADDING SECTION 59-63-390 TO PROVIDE THAT THE REPORTING REQUIREMENTS AND A SUMMARY OF SECTION 16-3-612 MUST BE INCLUDED IN THE STUDENT HANDBOOK.
Read the first tiime referred to the Committee on Judiciary.
S. 223 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.
Read the first time and referred to the Committee on Judiciary.
S. 224 -- Senator Holland: A BILL TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-70 FOR THE PURPOSE OF HEARING APPEALS.
Read the first time and referred to the Committee on Judiciary.
S. 225 -- Senator Wilson: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR VOTE RECORDERS, SO AS TO PROVIDE FOR STRAIGHT PARTY TICKET VOTING FOR CANDIDATES FOR THE OFFICES OF PRESIDENTIAL ELECTORS.
Read the first time and referred to the Committee on Judiciary.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
S. 227 -- Senators Bryan and Martin: A SENATE RESOLUTION TO AMEND RULE 24 OF THE RULES OF THE SENATE SO AS TO PROVIDE FOR THE CONSIDERATION OF GENERAL PERMANENT LAW PROVISIONS AS A PART OF THE ANNUAL GENERAL OR SUPPLEMENTAL APPROPRIATION BILL AND TO ESTABLISH THE NECESSARY VOTE REQUIRED.
Be it resolved by the Senate:
That Rule 24 be amended to read as follows:
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.
Except for general and temporary provisions having force and effect for a fiscal year, any part, section or division or any amendment to any part, section or division of a general or supplemental appropriation bill which amends, adds or repeals a portion of the general permanent laws of South Carolina not otherwise prohibited under subsection A, may only be included upon a vote of two thirds (2/3) of the Senators present and voting. This requirement shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote may be taken on the report as a whole if the Senate agrees to do so, however the question shall be divisible upon the request of any Senator. Any part, section or division of any general or supplemental appropriation bill which fails to receive the requisite vote herein provided for, thereafter may only be included in any conference report on any such bill upon the granting of free conference powers.
Introduced and referred to the Committee on Rules.
S. 228 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY OF MR. GEORGE WILBUR CRAWFORD OF BURNETTOWN WHO DIED DURING THE LEGISLATIVE INTERIM.
The Senate Resolution was adopted.
S. 229 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY OF MR. GERALD DENNIS OF BATH WHO DIED DURING THE LEGISLATIVE INTERIM.
The Senate Resolution was adopted.
S. 230 -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION EXTENDING CONGRATULATIONS TO THE HONORABLE ROBERT WESLEY "WES" HAYES, JR., OUR DISTINGUISHED COLLEAGUE AND FRIEND, ON RECEIVING THE 1996 COMPLEAT LAWYER SILVER AWARD FROM THE SOUTH CAROLINA BAR IN RECOGNITION OF HIS PROFESSIONAL ACCOMPLISHMENTS AS A LAWYER.
Whereas, the Honorable Robert Wesley "Wes" Hayes, Jr., of York County, our distinguished colleague and friend, has been honored by the South Carolina Bar for his professional accomplishments as a lawyer; and
Whereas, Senator Hayes was one of three recipients of the South Carolina Bar's Compleat Lawyer Silver Award for 1996; and
Whereas, the Silver Award is presented to those lawyers who demonstrate the highest professional standards and civic involvement in the legal profession in South Carolina and who have been admitted to the practice of law for less than fifteen years; and
Whereas, Senator Hayes, a member of the University of South Carolina Law School Class of 1983, received this prestigious award at the annual Law Day Banquet on March 29, 1996; and
Whereas, we are tremendously proud of Wes, our good friend; he is an outstanding senator and an excellent lawyer; he has given freely and most generously of his time and talents to the people of this great State in both capacities as a legislator and a lawyer; and we are greatly pleased to have this opportunity to salute him and accord him special recognition for his many accomplishments. Now, therefore,
Be it resolved by the Senate:
That the Senate of the State of South Carolina, by this resolution, extends congratulations to the Honorable Robert Wesley "Wes" Hayes, Jr., our distinguished colleague and friend, on receiving the 1996 Compleat Lawyer Silver Award from the South Carolina Bar in recognition of his professional accomplishments as a lawyer.
Be it further resolved that a copy of this resolution be presented to Senator Hayes.
The Senate Resolution was adopted.
S. 231 -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION CONGRATULATING THE HONORABLE JOHN C. LAND, III, OUR DISTINGUISHED COLLEAGUE AND FRIEND, ON RECEIVING THE SOUTH CAROLINA BAR'S COMPLEAT LAWYER GOLD AWARD FOR 1996 IN RECOGNITION OF HIS ACCOMPLISHMENTS IN, AND HIS CONTRIBUTIONS TO, THE LEGAL PROFESSION.
Whereas, the Honorable John C. Land, III, our distinguished colleague and friend, has received the South Carolina Bar's Compleat Lawyer Gold Award for 1996; and
Whereas, Senator Land was one of three Bar recipients of the Gold Award; and
Whereas, the award was presented during the annual Law Day Banquet held on March 29, 1996; and
Whereas, the Compleat Lawyer Awards recognize South Carolina lawyers who demonstrate the highest professional standards and civic involvement in the legal profession; and
Whereas, the Gold Award is designated for those lawyers who have been members of the legal profession for fifteen years to twenty-nine years; and
Whereas, the award recipients were chosen by a committee consisting of the Chief Justice of the South Carolina Supreme Court, the Chief Judge of the Court of Appeals, the President of the South Carolina Bar, the President of the Law School Alumni Association, and the Dean of the School of Law; and
Whereas, the medallions presented to the recipients were donated by Mr. and Mrs. Hugh McColl in honor of Mrs. McColl's father, John Spratt, a noted South Carolina attorney; and
Whereas, we are proud of John for his devotion to excellence in the legal profession and are delighted at the recognition he has received from his peers. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of the State of South Carolina, by this resolution, congratulate the Honorable John C. Land, III, our distinguished colleague and friend, on receiving the South Carolina Bar's Compleat Lawyer Gold Award for 1996 in recognition of his accomplishments in, and his contributions to, the legal profession.
Be it further resolved that a copy of this resolution be presented to the Honorable John C. Land, III.
The Senate Resolution was adopted.
H. 3283 -- Reps. Simrill, Meacham, Kirsh, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. SAM M. GREER, LONG-TIME EDUCATION ADVOCATE AND COMMUNITY SERVANT, OF ROCK HILL, WHO DIED TUESDAY, JANUARY 7, 1997.
The Concurrent Resolution was adopted and ordered returned to the House.
Senator McCONNELL from the Committee on Rules has polled out S. 180 favorable:
S. 180 -- Senators McConnell, Drummond, Holland and Alexander: A SENATE RESOLUTION TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE SOUTH CAROLINA CONSTITUTION, 1895,SO AS TO FURTHER DEFINE THOSE MATTERS WHICH ARE GERMANE TO AND WITHIN THE JURISDICTION OF THE COMMITTEES OF THE SENATE.
McConnell Smith Drummond Bryan Reese Holland Martin McGill Short Patterson Ford Glover Alexander Ravenel
Rankin Matthews Russell Williams
Ordered for consideration tomorrow.
Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Reappointment, Berkeley County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461
Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable John B. Bassard, Post Office Box 1324, Manning, S.C. 29102 VICE William R. DuBose (deceased)
Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536
Mrs. Linda S. Edwards, 814 Mark Road, Dillon, S.C. 29536
Mrs. Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563
Mrs. Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Having received a favorable report from the Georgetown County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Georgetown County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Isaac L. Pyatt, 162 Julian Court, Georgetown, S.C. 29440 VICE Herbert K. Knox (resigned)
Honorable Mary Alice Williams, 5686 Old Pee Dee Road, Hemingway, S.C. 29554 VICE A.E. Barnhill, Jr. (deceased)
Having received a favorable report from the Greenwood County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Greenwood County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Lisa H. Cain, 116 Flatwood Road, Hodges, S.C. 29653
Honorable Lasonia C. Mayes, 106-B Middle Street, Greenwood, S.C. 29649
Having received a favorable report from the Newberry County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Newberry County Probate Judge, with term to commence January 1995, and to expire at the end of the term and when a successor is elected and qualified:
Honorable Elizabeth R. Griffith, 1413 Griffith Park, Newberry, S.C. 29108 VICE Margaret H. Schumpert (resigned)
Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Jeffrey Dean Bailey, 319 Mt. Tabor Church Road, Union, S.C. 29379 VICE Jack Bartley Webber (vacated)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jason McKay Klemick of Irmo, S.C.
At 12:57 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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