Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from St. Paul to the Romans, who made of the law an art-form, Chapter 5 (vv.2b-5a):
"... and we boast in our hope of sharing
the glory of God. And not only that, but
we also boast in our sufferings, knowing that
suffering produces endurance, and endurance pro-
duces character, and character produces hope,
and hope does not disappoint us,..."
Let us pray.
Eternal God--our Father--our Savior--our Great Healer, hear our prayers, in the Name of Christ, on behalf of Mike Couick and his dear family and child-- at St. Judes in Memphis! Grant them all the gifts of Your Grace--physical and spiritual healing. Lift up our hearts!
Our Father, as St. Paul reminded the Romans, so remind us again: that some of our problems are resolved by a change of attitude rather than by the details of the law.
Help us to walk the path of grace, of graciousness, of kindly respect which needs no law.
We understand that the life of faith is lived between the outgoing tide of tribulation and the incoming tide of hope; and between the two we need a double portion of patience and forbearance that come from experience.
Help us to ride the tides.
Amen.
Senator CORK made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator CORK moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Cork Courtney Drummond Elliott Fair Ford Giese Glover Hayes Holland Hutto Jackson Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Ravenel Ryberg Setzler Short J. Verne Smith Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators GREGORY and RUSSELL recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.
At 11:05 A.M., Senator FAIR requested a leave of absence for the balance of the day.
On motion of Senator McCONNELL, at 11:25 A.M., Senator MOORE was granted a leave of absence for the balance of the day.
On motion of Senator PASSAILAIGUE, at 11:30 A.M., Senator SALEEBY was granted a leave of absence for the balance of the day.
Senator HUTTO rose to a Point of Personal Interest.
Columbia, S.C., April 2, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
asks for a Committee of Conference, and has appointed Representatives Dantzler, Law and Hinson of the Committee on the part of the House.
Very respectfully,
Speaker of the House
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Whereupon, the PRESIDENT PRO TEMPORE appointed Senators MESCHER, WILLIAMS and ROSE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
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.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The following were introduced:
S. 616 -- Senators Holland, Lander, McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.
Read the first time and referred to the Committee on Judiciary.
S. 617 -- Senator Land: A BILL TO AMEND SECTION 40-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE AND JURISDICTION OF THE DIVISION OF PROFESSIONAL AND OCCUPATIONAL LICENSING, SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO REMOVE THE BOARD OF DENTISTRY FROM THE JURISDICTION OF THE DIVISION; TO AMEND SECTIONS 40-15-40, 40-15-50, BOTH AS AMENDED, 40-15-60, 40-15-180, AND 40-15-200, AS AMENDED, ALL RELATING TO THE POWERS AND DUTIES OF THE THE OF BOARD OF DENTISTRY, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE DIRECTOR OF THE DEPARTMENT, AND TO PROVIDE THAT FINES AND FEES RECEIVED BY THE BOARD ARE TO BE IN AN ACCOUNT SEPARATE FROM THE GENERAL FUND FOR THE USE OF THE BOARD AND TO FURTHER PROVIDE THAT ANNUALLY AN AMOUNT EQUAL TO TEN PERCENT OF THE BOARD'S EXPENDITURES MUST BE REMITTED TO THE GENERAL FUND.
Read the first time and referred to the Committee on Medical Affairs.
S. 618 -- Senator Courtney: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF THE JUDGE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Read the first time and referred to the Committee on Judiciary.
S. 619 -- Senators Ryberg and Moore: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
Read the first time and referred to the Committee on Finance.
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
Read the first time and referred to the Committee on Transportation.
H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
Introduced and referred to the General Committee.
H. 3397 -- Reps. Wilkins, D. Smith, Limbaugh, Haskins, Robinson, Cato, Knotts, Harrison, Loftis, Delleney, Davenport, Vaughn, Easterday, Young-Brickell, Cotty, McMaster, Fleming, Harrell, Allison, Law, Riser, Mason, Simrill, Cooper, Barrett, H. Brown, Sandifer, Rice, Hinson, Sharpe, Seithel, R. Smith, Kelley, Chellis, Klauber, Cromer, Dantzler, Meacham, Keegan, Trotter, Tripp, Lanford, Whatley, Littlejohn, Edge, Quinn, Kirsh, Bauer, Jordan and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, 6-1-85, AND 59-73-35, SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS, INCLUDING A PROHIBITION ON REAL ESTATE TRANSFER FEES AND TAXES, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THE USES FOR THE IMPOSITION OF UNIFORM SERVICE CHARGES AND THE CREDITING OF CHARGE REVENUE, AND TO PROVIDE FOR THE SEVERANCE OF OTHER PARTS OF THIS ACT IF ANY PORTION OF IT IS HELD UNCONSTITUTIONAL, INVALID, OR OTHERWISE INEFFECTIVE.
Read the first time and referred to the Committee on Finance.
H. 3473 -- Reps. Felder, Vaughn, Carnell, Kinon, Lanford, Allison, Harvin, McKay, Kennedy, Neilson, Cobb-Hunter, Koon, Robinson, Cooper, Young-Brickell, H. Brown, R. Smith, Harrell, Kelley, Boan and Riser: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ALLOW AN OPTION UNDER THE MEDICAID PROGRAM PERMITTING CONTINUED MEDICAID COVERAGE FOR PERIODS OF AT LEAST A YEAR AFTER A SEVERELY DISABLED SSI RECIPIENT GAINS COMPETITIVE EMPLOYMENT AND LOSES SSI ELIGIBILITY AS A RESULT OF THE FORMER RECIPIENT'S EARNINGS LEVEL AND TO FURTHER MEMORIALIZE CONGRESS TO ALLOW THIS STATE TO CREATE A DEMONSTRATION PROJECT ALLOWING THE PURCHASE OF MEDICAID COVERAGE THROUGH A SLIDING PREMIUM SCALE BASED ON INCOME FOR PERSONS WITH SEVERE DISABILITIES WHO ARE COMPETITIVELY EMPLOYED BUT WITHOUT ACCESS TO EMPLOYER PROVIDED HEALTH INSURANCE.
Introduced and referred to the Committee on Medical Affairs.
H. 3497 -- Reps. Jennings, Baxley, Young, Bailey, Whatley, M. Hines, Scott, J. Hines, G. Brown, Young-Brickell, F. Smith, J. Smith, Cobb-Hunter, Whipper, Neilson, Clyburn, Knotts, Beck, Kinon, Stuart, R. Smith, Cato, Davenport, Riser, Chellis, Wilder, Moody-Lawrence, Bauer, Lloyd, Law, Battle, Meacham, Lanford, Maddox, Seithel, Martin, Jordan and Harrell: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND CIVIC AND COMMUNITY SERVICE ORGANIZATIONS TO IMPLEMENT AND TEACH THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM.
Introduced and referred to the Committee on Education.
H. 3610 -- Reps. Harvin, Young and Woodrum: A CONCURRENT RESOLUTION REQUESTING THE NATURAL RESOURCES BOARD TO NAME THE GAME SANCTUARY THAT ENCOMPASSES TAWCAW CREEK IN CLARENDON COUNTY THE "GARTH H. MCMASTERS GAME SANCTUARY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Introduced and referred to the Committee on Fish, Game and Forestry.
H. 3707 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3709 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3805 -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF SFC GERALD S. AND MIRIAM A. HANKS OF ANDERSON COUNTY FOR THEIR SELECTION AS THE FAMILY OF THE YEAR FOR 1996 BY THE SOUTH CAROLINA ARMY NATIONAL GUARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3806 -- Reps. Limehouse and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING TRANSPORTATION MANAGEMENT SERVICES, INC. (TMSI) FOR ITS EXEMPLARY SERVICE AND PARTNERSHIP WITH THE GOVERNMENT AND CITIZENS OF THE STATE OF SOUTH CAROLINA IN SETTING THE STANDARD OF EXCELLENCE FOR THE STATE'S TRANSPORTATION INDUSTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3816 -- Reps. Bailey and Rhoad: A CONCURRENT RESOLUTION SALUTING ROBERT ABLE SMITH, GENERAL MANAGER OF EDISTO ELECTRIC COOPERATIVE IN BAMBERG, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE CO-OP AND THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 379 -- Senators Leventis, Wilson, Hayes, Lander, McConnell, Ford, Mescher, Passailaigue, Ravenel, Rose, Washington and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO AMEND THE LAWS, PARTICULARLY SECTION 107 OF TITLE 32 OF THE UNITED STATES CODE, TO BROADEN THE PURPOSES FOR WHICH THE SECRETARIES OF THE ACTIVE COMPONENTS, THROUGH THE NATIONAL GUARD BUREAU, ARE AUTHORIZED TO CONTRIBUTE FEDERAL FUNDS TO A STATE OR TERRITORY, PUERTO RICO, OR THE DISTRICT OF COLUMBIA TO SUPPORT ACTIVITIES ASSOCIATED WITH THE AFFAIRS OF THE ACTIVE COMPONENTS IF THE SECRETARY CONCERNED AND THE CHIEF OF THE NATIONAL GUARD BUREAU AGREE TO DELEGATE RESPONSIBILITY FOR EXECUTING THOSE FUNCTIONS TO THE NATIONAL GUARD.
Returned with concurrence.
Received as information.
S. 546 -- Senator Courson: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE FEDERAL GASOLINE TAX OVER THE NEXT TWO YEARS IN ORDER TO PROMOTE EFFICIENCY OF HIGHWAY FUNDS AND TO ELIMINATE WASTE AND DUPLICATION SINCE THE NATIONAL HIGHWAY SYSTEM IS COMPLETE AND TO PROVIDE THAT THIS RESOLUTION BE KNOWN AS THE RESOLUTION ON FEDERAL GASOLINE TAX.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 510 -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 609 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 610 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 611 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 612 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 613 -- Senators Holland and Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE CENTRALIZED MAGISTRATE'S COURT.
(By prior motion of Senator HOLLAND, with unanimous consent)
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.
Senator LEATHERMAN asked unanimous consent to recommit the Bill to the Finance Committee.
There was no objection.
The following Bill was carried over:
S. 315 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
On motion of Senator THOMAS, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 409 -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES", SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, the Bill was carried over, with Senator LEVENTIS retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 124 -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Senator McCONNELL moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan* Cork Courtney Drummond Ford Giese Glover Hayes Hutto Jackson Leatherman Matthews McConnell McGill Mescher Moore* O'Dell Passailaigue Patterson Peeler Rankin* Ravenel Reese* Setzler Short J. Verne Smith Waldrep Washington Williams Wilson
Martin Ryberg Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill, S. 124, was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 264 -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator THOMAS desired to be recorded as voting against the third reading of the Bill.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 329 -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE argued in favor of the third reading of the Bill and Senator LEATHERMAN argued contra.
Senator PASSAILAIGUE asked unanimous consent to make a motion to adjourn debate on the Bill.
Debate was adjourned on the Bill.
The following Bills were carried over:
S. 195 -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.
(On motion of Senator PASSAILAIGUE)
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 MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
(On motion of Senator COURTNEY)
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.
(On motion of Senator DRUMMOND)
S. 411 -- Corrections and Penology Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE AN EXISTING BOND AUTHORIZATION FOR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND AUTHORIZE PARTIAL FUNDING FOR A FACILITY OF THE DEPARTMENT OF CORRECTIONS IN THE SAME AMOUNT.
(On motion of Senator DRUMMOND)
S. 277 -- Senators Leventis, Gregory, McConnell, Land, McGill, Passailaigue, Glover, Ravenel, Moore, Russell, Courson, Reese, O'Dell, Jackson, Thomas, Rose, Waldrep and Ryberg: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
(On motion of Senator PASSAILAIGUE)
S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
(On motion of Senator PASSAILAIGUE)
On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Ethel Bunting of Charleston, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, April 4, 1997, it stand adjourned to meet next Tuesday, April 8, 1997, at 12:00 Noon, which motion was adopted.
At 12:07 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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