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, again we remember King David, who in a prayer for guidance and deliverance, said in Psalm 25 (v.15):
"My eyes are ever toward the Lord,
For He will pluck my feet out of the net."
Let us pray.
Our Father, You heard King David's prayers; please hear ours.
Along about this time of our sessions, our paths may lead us into the swamps. In the swamp are snakes... and quicksands... and traps... and nets. Make us wise about these things and deliver us.
We pray King David's prayer:
"My eyes are ever toward the Lord,
For He will pluck my feet out of the net."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 16, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Kershaw County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Thomas E. Davis, Post Office Box 215, Bethune, S.C. 29009-0215
Honorable R. Eugene Hartis, Post Office Box 1528, Camden, S.C. 29020
Honorable Francis E. James, Post Office Box 32, Elgin, S.C. 29045
Senator WILSON introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.
At 11:15 A.M., Senator LANDER requested a leave of absence for the balance of the day.
H. 3403 -- Reps. Cato, Wilkins, Young-Brickell, Meacham, Haskins, Davenport, Tripp, Seithel, Limehouse, Law, Delleney, Gamble, Trotter, Harrison, Dantzler, Littlejohn, Quinn, Chellis, Bailey, Mason, Allison, Harrell, Sandifer, Jordan, Inabinett, Stuart, Kelley, Rice, Canty, Neilson, Simrill, Moody-Lawrence, Altman, Easterday, Leach, Stoddard, F. Smith, Barfield and Edge: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 668 -- Senator Ravenel: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO LIMIT THE SALE OF SHRIMP TRAWLING LICENSES FOR A TWO-YEAR PERIOD AND TO EXAMINE THE FEASIBILITY OF CREATING A LIMITED ENTRY FISHERY THEREAFTER.
Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator PEELER, with unanimous consent, the Resolution was ordered placed on the Calendar.
S. 688 -- Senators Holland, Courson and Rankin: A CONCURRENT RESOLUTION TO EXTEND UNTIL THE BEGINNING OF THE 1998 LEGISLATIVE SESSION THE TIME BY WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA MUST PRESENT ITS REPORT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT AFTER SUBMITTING ITS REPORT AND PROPOSED LEGISLATION THAT THE STUDY COMMITTEE BE DISSOLVED MAY 1, 1998.
Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
The following were introduced:
S. 692 -- Senators Courtney, Elliott, Reese and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 1997, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRES AUGUST 31, 1997.
Introduced and referred to the Committee on Invitations.
S. 693 -- Senator Reese: A BILL TO AMEND SECTION 33-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO ADD A DEFINITION FOR "PUBLIC CORPORATION"; TO AMEND SECTION 33-6-240, RELATING TO THE CREATION OF SHARE OPTIONS AND RIGHTS, SO AS TO ALLOW THOSE RIGHTS TO BE RESTRICTED OR CONDITIONAL IN THE CASE OF A PUBLIC CORPORATION; TO AMEND SECTION 33-7-102, RELATING TO SPECIAL MEETINGS OF SHAREHOLDERS, SO AS TO ALLOW SHAREHOLDERS OF A PUBLIC CORPORATION TO CALL A SPECIAL MEETING ONLY IF AUTHORIZED IN THE ARTICLES OF INCORPORATION; TO AMEND SECTION 33-7-200, RELATING TO COMPILATION AND INSPECTION OF SHAREHOLDERS' LISTS, SO AS TO INCREASE THE TIME FOR COMPILING AND MAKING THE LIST AVAILABLE FOR INSPECTION TO SHAREHOLDERS OF A PUBLIC CORPORATION; TO AMEND SECTION 33-8-103, RELATING TO ELECTION OF A BOARD OF DIRECTORS, SO AS TO ELIMINATE THE CAP ON THE ABILITY OF A BOARD OF A PUBLIC CORPORATION TO CHANGE ITS SIZE; TO AMEND SECTION 33-10-103, RELATING TO PROPOSAL AND APPROVAL OF AMENDMENTS TO THE ARTICLES OF INCORPORATION, SO AS TO ELIMINATE THE RIGHT OF SHAREHOLDER APPROVAL IN THE CASE OF A PUBLIC CORPORATION; TO AMEND SECTION 33-11-104, RELATING TO MERGER OF SUBSIDIARY AND PARENT CORPORATION, SO AS TO ELIMINATE THE WAITING PERIOD FOR PUBLIC CORPORATIONS; TO AMEND SECTION 33-12-101, RELATING TO MORTGAGE AND SALE OF CORPORATE ASSETS, SO AS TO ALLOW THE TRANSFER OF PROPERTY OF A PUBLIC CORPORATION TO A CORPORATION IT OWNS; AND TO AMEND SECTION 33-13-102, RELATING TO SHAREHOLDERS' RIGHT TO DISSENT AND OBTAIN PAYMENT FOR SHARES, SO AS TO HAVE STOCK IN A PUBLIC CORPORATION VALUED BY THE STOCK EXCHANGE.
Read the first time and referred to the Committee on Judiciary.
S. 694 -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.
Read the first time and referred to the Committee on Judiciary.
S. 695 -- Senator Land: A BILL TO AMEND SECTION 8-13-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OR DISCLOSURE OF INFORMATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE FOR ECONOMIC GAIN, SO AS TO PROHIBIT THE EXAMINATION OF OR THE AIDING AND ABETTING OF THE EXAMINATION OF CERTAIN INFORMATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE WHEN THE EXAMINATION IS UNRELATED TO HIS PUBLIC DUTIES AND RESPONSIBILITIES, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
S. 696 -- Senator McConnell: A BILL TO AMEND CHAPTER 7, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING BY LOCAL GOVERNMENTS, BY ADDING ARTICLE 15 SO AS TO ESTABLISH UNIFORM STANDARDS FOR A LOCAL GOVERNMENTAL ENTITY TO REQUIRE A DEVELOPER TO PAY A PROPORTIONATE SHARE OF THE COST OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT, AND TO ESTABLISH PROCEDURES FOR ADOPTING A CAPITAL IMPROVEMENTS PLAN, FOR COMPUTING THE PROPORTIONATE SHARE OF COSTS, AND FOR PASSING AN ORDINANCE IMPOSING DEVELOPMENT IMPACT FEES.
Read the first time and referred to the Committee on Judiciary.
S. 697 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION UNLESS NECESSARY TO AVERT THE RISK OF DEATH TO THE PREGNANT WOMAN.
Read the first time and referred to the Committee on Medical Affairs.
S. 698 -- Senator Fair: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR PERFORMANCE OF ABORTION AND SECTION 44-41-340, RELATING TO PUBLICATION OF MATERIALS REGARDING AVAILABLE ASSISTANCE, SO AS TO REQUIRE THAT A STATEMENT BE PUBLISHED IN MATERIALS REQUIRED TO BE AVAILABLE TO A WOMAN BEFORE AN ABORTION PROVIDING THAT RESEARCH INDICATES THAT THERE IS A POSSIBLE CORRELATION BETWEEN A FIRST PREGNANCY ABORTION AND AN INCREASED INCIDENCE OF BREAST CANCER WITH A RECOMMENDATION TO CONSULT HER PERSONAL PHYSICIAN FOR FURTHER INFORMATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 699 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO REQUIRE ALL VEHICLES TO HAVE A STANDARD STATE LICENSE PLATE ON THE REAR BUMPER OF THE VEHICLE AND TO PROVIDE THAT SPECIAL AND COMMEMORATIVE LICENSE PLATES MAY BE PLACED ONLY ON THE FRONT BUMPER OF A VEHICLE.
Read the first time and referred to the Committee on Transportation.
S. 700 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY M. HALLMAN, JR. FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 701 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE STROM THURMOND FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 702 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CHARLES M. CONDON FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 703 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE FLOYD J. SPENCE FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 704 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE ERNEST F. HOLLINGS FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 705 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CAUSEWAY RUNNING THROUGH THE POCOTALIGO NATURAL PRESERVE IN CLARENDON COUNTY IN HONOR OF VIRGINIA RICHARDS SAULS.
Introduced and referred to the Committee on Transportation.
S. 706 -- Senators Courson and Jackson: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA, INC. FOR ITS LEADERSHIP AND COMMITMENT TO HELPING MEET THE CHALLENGE OF SCHOOL READINESS IN RICHLAND SCHOOL DISTRICT ONE WITH THE SUCCESSFUL PILOT YEAR OF "SMART MATTERS" AND FURTHER COMMENDING THE JUNIOR LEAGUE AND RICHLAND SCHOOL DISTRICT ONE FOR THEIR UNIQUE PARTNERSHIP IN THIS ENDEAVOR.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
H. 3328 -- Rep. Sharpe: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Read the first time and referred to the Committee on Judiciary.
H. 3408 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.
Read the first time and referred to the Committee on Judiciary.
H. 3607 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, INCREASE THE MEMBERSHIP OF THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; AND TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR.
Read the first time and referred to the Committee on Medical Affairs.
H. 3628 -- Reps. Kelley, Harrison, Davenport, Allison, Keegan and Hodges: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION BY ADDING ARTICLE 5 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY.
Read the first time and referred to the Committee on Judiciary.
H. 3677 -- Rep. Klauber: A BILL TO AMEND CHAPTER 1, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER BY DELETING CERTAIN LANGUAGE AND PROVISIONS, ADDING NEW PROVISIONS, AND PROVIDING, AMONG OTHER THINGS, FOR DEFINITIONS FOR THE TERMS "FEDERAL COVERED ADVISER" AND "FEDERAL COVERED SECURITY", THAT INVESTIGATIVE RECORDS AND COMPLAINTS FILED WITH THE SECURITIES COMMISSIONER ARE NOT CONSIDERED PUBLIC INFORMATION BUT ISSUED ORDERS, INCLUDING CERTAIN COMPLAINTS, ARE CONSIDERED PUBLIC RECORDS, THAT CERTAIN BROKER-DEALERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF SECTION 35-1-410, THAT CERTAIN ACTIVITY IS UNLAWFUL, THAT EVERY INVESTMENT ADVISER REGISTRATION OR NOTICE FILING EXPIRES TWO YEARS FROM ITS EFFECTIVE DATE UNLESS RENEWED, THAT REGISTRATION OF AN INVESTMENT ADVISER AUTOMATICALLY CONSTITUTES REGISTRATION OF ANY INVESTMENT ADVISER REPRESENTATIVE WHO IS A PARTNER, OFFICER, OR DIRECTOR OR A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, FOR CHANGES IN CERTAIN FEES, THAT THE SECURITIES COMMISSIONER MAY REQUIRE, WITH RESPECT TO INVESTMENT ADVISERS, THAT CERTAIN INFORMATION BE FURNISHED OR DISSEMINATED AS NECESSARY OR APPROPRIATE IN THE PUBLIC INTEREST OR FOR THE PROTECTION OF INVESTORS AND ADVISORY CLIENTS, FOR NOTICE FILINGS FOR FEDERAL COVERED SECURITIES, THAT UNLESS PROHIBITED BY RULE OR ORDER OF THE SECURITIES COMMISSIONER, AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940 MAY TAKE OR RETAIN CUSTODY OF SECURITIES OR FUNDS OF A CLIENT, AND THAT THE SECURITIES COMMISSIONER MAY REFER AVAILABLE EVIDENCE CONCERNING VIOLATIONS OF THIS CHAPTER OR OF ANY RULE OR ORDER UNDER THIS CHAPTER TO THE APPROPRIATE DIVISION OF THE ATTORNEY GENERAL'S OFFICE OR OTHER APPROPRIATE PROSECUTION, LAW ENFORCEMENT, OR LICENSING AUTHORITIES WHO MAY INSTITUTE THE APPROPRIATE PROCEEDINGS UNDER THIS CHAPTER.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Thursday, June 12, 1997, and Friday, June 13, 1997, for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
Introduced and ordered referred to the Committee on Invitations.
H. 4074 -- Reps. Cromer and J. Smith: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA, INC. FOR ITS LEADERSHIP AND COMMITMENT TO HELPING MEET THE CHALLENGE OF SCHOOL READINESS IN RICHLAND SCHOOL DISTRICT ONE WITH THE SUCCESSFUL PILOT YEAR OF "SMART MATTERS" AND FURTHER COMMENDING THE JUNIOR LEAGUE AND RICHLAND SCHOOL DISTRICT ONE FOR THEIR UNIQUE PARTNERSHIP IN THIS ENDEAVOR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4075 -- Reps. Cobb-Hunter and Miller: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".
Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and
Whereas, many workers die each year while performing their jobs or as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and
Whereas, in fiscal year 1996, thirty-two workers died in South Carolina while working, from causes as varied as electrocution, falls, and being struck by objects; and
Whereas, many of these workers died with little attention except for the families they left behind that loved and depended on them; and
Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly honor the working men and women of South Carolina who died on the job by declaring April 28, 1997, as "Workers' Memorial Day".
Be it further resolved that a copy of this resolution be forwarded to Mrs. Donna S. DeWitt, President of the South Carolina AFL-CIO.
Introduced and ordered referred to the Committee on Invitations.
H. 4076 -- Reps. Young, Woodrum, Canty, Neal and G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE REVEREND WILLIAM C. "BILL" BOCHMAN, JR. OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4078 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS "THE KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out S. 249 favorable with amendments:
S. 249 -- Senators Ford, Glover, Matthews, Hutto, Washington, Anderson, Land, Williams and Jackson: A BILL TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR RATHER THAN OPTIONAL HOLIDAYS AND TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS OPTIONAL HOLIDAYS.
Holland Saleeby McConnell Bryan Moore Courtney Cork Ford Glover Gregory Jackson Lander Martin Mescher Rankin
Wilson Russell Rose
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out S. 281 favorable with amendment:
S. 281 -- Senators Ford, Glover, Short, McConnell, Courtney, Waldrep, Rose, Wilson, Matthews, Patterson, Washington, Anderson, Mescher, Williams, Moore, Setzler, Cork, Elliott, Land, Hutto, Russell, Ravenel, Gregory, Leventis, Alexander, Saleeby, Drummond, McGill, Hayes, Holland, Leatherman, Thomas, J. Verne Smith, Courson, Reese, Rankin, Martin, Giese, Bryan, Lander and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.
Holland Saleeby McConnell Bryan Moore Courtney Cork Ford Glover Gregory Jackson Lander Martin Mescher Rankin
Wilson Russell Rose
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 479 -- Senator Ravenel: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 532 -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 637 -- Senators Peeler, Alexander and Lander: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out S. 640 favorable with amendment:
S. 640 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY; AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
Holland McConnell Wilson Courtney Ford Glover Gregory Lander Martin Mescher Rankin
Saleeby Bryan Moore Russell Rose Cork Jackson
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation has polled out H. 3300 favorable:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Land Leatherman Peeler Wilson McGill O'Dell Elliott Rankin Ryberg Short Waldrep Alexander Fair
Leventis Patterson Rose Hutto Ravenel
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
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.
Ordered for consideration tomorrow.
S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
The House returned the Joint Resolution with amendments.
Senator MESCHER explained the House amendments.
On motion of Senator MESCHER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 638 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Returned with concurrence.
Received as information.
S. 684 -- Senators Drummond and Martin: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 24, 1997, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.
Returned with concurrence.
Received as information.
S. 685 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. HUGH C. LANE AND MR. HUGH C. LANE, JR. FOR MANY DECADES OF STEADFAST DEDICATION AND LEADERSHIP IN HELPING TO ENSURE EXPANDED PUBLIC AWARENESS AND APPRECIATION FOR THE H.L. HUNLEY SUBMARINE AND ITS CREW THROUGHOUT THIS STATE AND NATION.
Returned with concurrence.
Received as information.
S. 687 -- Senators Jackson and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY DOBY, A NATIVE SOUTH CAROLINIAN, ON THE OCCASION OF THE 50TH ANNIVERSARY OF HIS INTEGRATION OF MAJOR LEAGUE BASEBALL'S AMERICAN LEAGUE.
Returned with concurrence.
Received as information.
S. 690 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE GRATITUDE FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. CLIVE CUSSLER FOR HIS DISCOVERY OF THE H. L. HUNLEY AND FOR HIS CONTINUING DEVOTION TO THE HUNLEY AND ITS CREW.
Returned with concurrence.
Received as information.
S. 691 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE APPRECIATION FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BROKERAGE FIRM OF STERNE, AGEE AND LEACH FOR TAKING THE LEAD TO INVOLVE CORPORATE AMERICA IN THE EFFORT TO PRESERVE, RAISE, AND DISPLAY THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
S. 700 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY M. HALLMAN, JR. FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
S. 701 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE STROM THURMOND FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
S. 702 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CHARLES M. CONDON FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
S. 703 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE FLOYD J. SPENCE FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
S. 704 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE ERNEST F. HOLLINGS FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3636 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3153 -- Reps. Simrill and Haskins: 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.
H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following amendment (3169R005.TLM), which was adopted:
Amend the bill, as and if amended, page 45, beginning on line 15, by inserting:
/ Section 40-57-220. (A) It is unlawful for a person to act as a real estate broker, real estate salesman, or property manager or to advertise or assume to act as such without first having obtained a license issued by the Real Estate Commission. A person violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
(B) A real estate broker, salesman, or property manager who fails to renew or register his license annually and continues to engage in such business is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator ELLIOTT proposed the following amendment (3169R004.DE), which was adopted:
Amend the bill, as and if amended, page [3169-32], by striking lines 3 through 9 and inserting in lieu thereof the following:
/ (a) the depositor or owner of such monies has been informed of their right to ownership of the interest but relinquishes to the Broker-in-Charge or Property-Manager-in-Charge by written agreement said right of ownership; and
(b) if such agreement is part of a preprinted form, the language must be conspicuous./
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
Having voted on the prevailing side, Senator WILSON asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 552 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY LETTERED ITEM TO THE END OF SECTION 56-5-4140 RELATING TO COTTON MODULAR LOADS SO AS TO PROVIDE FOR THE HARVESTING AND TRANSPORTING OF AGRICULTURAL PRODUCTS AND BY AMENDING SECTION 57-3-160 RELATING TO PERMITS FOR COTTON MODULAR VEHICLES SO AS TO ALLOW THE WIDTH TO BE INCREASED FROM ONE HUNDRED SEVEN INCHES TO ONE HUNDRED TEN INCHES FOR PERMITTING PURPOSES.
S. 233 -- Senators Hayes and Russell: A BILL TO AMEND SECTION 4-37-30(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAXES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE OR MULTIPLE PROJECTS; TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF THE TAX ARE TO BE USED; TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE IMPOSED NOT BE HELD MORE OFTEN THAT ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; AND TO DELETE OBSOLETE PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON proposed the following amendment (JUD0233.013), which was adopted:
Amend the bill, as and if amended, page 2, line 28, in Section 4-37-30(A)(2), as contained in SECTION 1, by striking lines 28 through 30 in their entirety and inserting therein the following:
/ of a general election. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, a referendum for this purpose must be held at the time of the general election. The /
Amend title to conform.
Senator HAYES explained the amendment.
Senator CORK proposed the following amendment (JUD0233.012), which was adopted:
Amend the bill, as and if amended, page 6, line 7, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 4-37-20 of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"Section 4-37-20. The board of the authority has all the rights and powers of a public body, politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers including, but not limited to, the following rights and powers:
(1) to have perpetual succession;
(2) to sue and be sued;
(3) to adopt, use, and alter a seal;
(4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(5) to acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority;
(6) to borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues;
(7) to make contracts, including service contracts with a person, corporation, or partnership including, without limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein; and
(8) to exercise the powers of eminent domain; and
(9) execute all instruments necessary or convenient for the carrying out of business.
The board of the authority is not authorized to exercise the powers of eminent domain; however, it may recommend to the county governing body that property be acquired through eminent domain. The county governing body must determine if the property is to be acquired through eminent domain and, if so, to commence the eminent domain proceedings." /
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 3415 -- Reps. Townsend, Rodgers, H. Brown, Parks, Wilder, Neal, Limehouse, Govan, Lloyd, Sharpe, Neilson, Allison, Bailey, Jordan, McLeod, Law, Walker, Littlejohn, Trotter, Leach, Inabinett, Stille, Martin, Harrison, Stuart, Young-Brickell, Hinson, Easterday, Cato, Wilkins, Hamilton, Harrell, D. Smith, J. Brown, Kirsh, J. Smith, Klauber, Webb, Woodrum, McMahand, Sandifer, Maddox, McKay, Haskins, Cooper, Barrett and Riser: A BILL TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS.
S. 572 -- Senator Setzler: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE GRADUATING CLASS OF SCHOOL YEAR 2000-2001, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, AND TO SPECIFY WHAT UNITS MUST BE EARNED
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Education proposed the following amendment (572R001.NGS), which was adopted:
Amend the bill, as and if amended, page 2, after line 5, after the period / . /, by adding the following:
/ Students who earn two units of science and six or more units in a specific occupational service area will meet the science requirements for a state high school diploma. /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. Section 59-29-160 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 3957 -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: A BILL TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
On motion of Senator J. VERNE SMITH, H. 3957 was ordered to receive a third reading on Friday, April 25, 1997.
S. 641 -- Senators Holland and Bryan: A BILL TO AMEND TITLE 62, CHAPTERS ONE, TWO, THREE, FIVE, SEVEN, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY NUMEROUS PROVISIONS REGARDING A DECEDANT'S ESTATE, DEFINITIONS, AND THE JURISDICTION OF THE PROBATE COURT; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARITY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS. (ABBREVIATED TITLE)
H. 3452 -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
H. 3541 -- Rep. Cotty: A BILL TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS POSSIBLE AFTER THE REPORT IS MADE.
H. 3788 -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO TEN MILLS A YEAR INCLUDING ANY MILLAGE SUFFICIENT TO MEET STATE-IMPOSED MAINTENANCE OF LOCAL EFFORT REQUIREMENTS, TO PROVIDE FOR FULL FISCAL AUTONOMY FOR THESE BOARDS FOR THE IMPOSITION OF SCHOOL TAXES FOR SCHOOL YEARS AFTER 2000-01, TO REQUIRE A "POSITIVE MAJORITY" OF THESE BOARDS TO APPROVE THE ANNUAL SCHOOL MILLAGE, AND TO DEFINE "POSITIVE MAJORITY".
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (3788ROO1.JEB), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 18 through 26 and inserting in lieu thereof the following:
/ THROUGH SCHOOL YEAR 2000-01 BY UP TO SEVEN MILLS A YEAR. /
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4040 -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator ELLIOTT proposed the following amendment (4040R001.DE), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 18 through 23 and inserting in lieu thereof the following:
/ SECTION 1. The auditor of Dillon County shall levy one hundred five mills on all taxable property of the county for fiscal year 1997-98 for school purposes in Dillon County as follows:
(a) operation of schools, 82 mills;
(b) school debt retirement, 5 mills;
(c) teachers' sick leave, 3 mills;
(d) Dillon County Vocational School, 14.5 mills; and
(e) vocational school special fund, .5 mills. /
Amend title to conform.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ELLIOTT, H. 4040 was ordered to receive a third reading on Friday, April 25, 1997.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0220.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 15-43-10 of the 1976 Code is amended to read:
"Section 15-43-10. (A) Whosoever shall A person who erect erects, establish establishes, continue continues, maintain maintains, use uses, own owns, occupy occupies, lease leases, or release releases any building, erection or other place used for the purpose purposes of lewdness, assignation, or prostitution, unlawful gambling, unlawful possession or sale of controlled substances, or continuous breach of the peace in this State is guilty of a nuisance; and the building, erection or place, or the ground itself in or upon which such the lewdness, assignation, or prostitution, unlawful gambling, unlawful possession or sale of controlled substances, or continuous breach of the peace is conducted, permitted, carried on, continued, or exists and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining such the nuisance are also are declared a nuisance and shall be enjoined and abated as provided in this chapter.
(B) As used in this section 'continuous breach of the peace' means a pattern of repeated acts or conduct which either (1) directly disturbs the public peace or (2) disturbs the public peace by inciting or tending to incite violence.
(C) Nothing in this section supplants, alters, or limits a statutory or common law right of a person to bring an action in court or the right of the State to prosecute a person for a violation of a statute or common law."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 620 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO STATE OR LOCAL CHAMBERS OF COMMERCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0620.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 33-56-55. The provisions of this chapter do not apply to parent-teacher associations affiliated with any school or to local chambers of commerce. No reporting of any fund-raising activities or other reporting under this chapter is required of parent-teacher associations or local chambers of commerce whether or not they would be considered exempt organizations under Section 33-56-50, provided that none of the fund-raising activities are carried on by professional solicitors."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator COURTNEY, with unanimous consent, S. 620 was ordered to receive a third reading on Friday, April 25, 1997.
S. 657 -- Senators Setzler, Courson and Giese: A SENATE RESOLUTION INVITING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM, SOUTHEASTERN CONFERENCE REGULAR SEASON CHAMPIONS FOR 1997, HEAD COACH EDDIE FOGLER AND THE ASSISTANT COACHES AND STAFF TO THE GALLERY OF THE SENATE ON WEDNESDAY, APRIL 30, 1997, TO BE RECOGNIZED FOR THEIR ACCOMPLISHMENTS DURING THE 1996-97 SEASON.
The Concurrent Resolution was adopted, ordered sent to the House.
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 and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.
Having received a favorable report from the Kershaw County Delegation, the following appointments were confirmed in open session:
Reappointments, Kershaw County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable Thomas E. Davis, Post Office Box 215, Bethune, S.C. 29009-0215
Honorable R. Eugene Hartis, Post Office Box 1528, Camden, S.C. 29020
Honorable Francis E. James, Post Office Box 32, Elgin, S.C. 29045
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Alex Gettys, Sr. of Pickens, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, April 25, 1997, it stand adjourned to meet next Tuesday, April 29, 1997, at 12:00 Noon, which motion was adopted.
At 11:47 A.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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