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 the ancient Book of Deuteronomy, Chapter 33 (vv.1, 8, 11):
"This is the blessing with which Moses, the man of God, blessed the Israelites before his death. He said of Levi,... 'Bless, O Lord, his substance, and accept the work of his hands';"
Let us pray.
Our Father, our days are so swiftly lived, like the flower that blooms and fades... and the grass that flourishes and withers away.
Help us to so labor in this hour of our opportunity and challenge that the fruits of our work may live after we are gone from the scene.
For these days we thank You!
May we make the most of them!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. Roy Nickles of Charleston, S.C., Doctor of the Day.
On motion of Senator MARTIN, at 2:30 P.M., Senator COURSON was granted a leave of absence for the balance of the day.
S. 625 -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE OCONEE COUNTY LEGISLATIVE DELEGATION AND THE OCONEE COUNTY VETERANS AFFAIRS OFFICER, DEDICATE A PORTION OF UNITED STATES HIGHWAY 123 IN OCONEE COUNTY TO SOUTH CAROLINA'S VETERANS.
Senator O'DELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator O'DELL, with unanimous consent, the Resolution was ordered placed on the Calendar.
The following were introduced:
S. 715 -- Senator Courson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIOR SERVICE CREDIT FOR STATE EMPLOYEES FOR PURPOSES OF CALCULATING ANNUAL LEAVE, SO AS TO PROVIDE THAT MILITARY SERVICE ESTABLISHED BY A STATE EMPLOYEE FOR PURPOSES OF THE STATE RETIREMENT SYSTEM IS CONSIDERED PRIOR STATE SERVICE FOR PURPOSES OF CALCULATING THE EMPLOYEE'S BONUS EARNINGS OF ANNUAL LEAVE.
Read the first time and referred to the Committee on Finance.
S. 716 -- Senator Rose: A JOINT RESOLUTION TO DIRECT THE OFFICE OF THE ATTORNEY GENERAL TO MAKE APPROPRIATE CONTACT AND TAKE ALL NECESSARY AND APPROPRIATE ACTION TO ENSURE THAT THE RIGHTS OF THE STATE OF SOUTH CAROLINA AND THE RIGHTS OF ITS CITIZENS WHO ARE OR WHO MAY BE ENTITLED TO AVAIL THEMSELVES OF ANY SETTLEMENT PROCEEDS OR OTHER BENEFITS ACCRUING AS A RESULT OF LITIGATION AGAINST TOBACCO MANUFACTURERS ARE PROPERLY PROTECTED AND TO REQUIRE PERIODIC REPORTS TO THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
S. 717 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 TO TITLE 39 SO AS TO ENACT THE "RESPONSIBLE FRANCHISE PRACTICES ACT", INCLUDING THE ESTABLISHMENT OF CERTAIN MISDEMEANOR OFFENSES AND CRIMINAL PENALTIES AND THE ESTABLISHMENT OF CIVIL PENALTIES.
Read the first time and referred to the Committee on Judiciary.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Read the first time and referred to the Committee on Medical Affairs.
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE NATIONAL PARK SERVICE TO AUTHORIZE THE PLACEMENT OF A MARKER ON THE GROUNDS OF THE FORT MOULTRIE NATIONAL MONUMENT THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS THE "ELLIS ISLAND" FOR THE ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Introduced and referred to the General Committee.
S. 720 -- Senators O'Dell, Land and Drummond: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 721 -- Senators McConnell, Rose, Washington, Ford, Mescher and Ravenel: A BILL TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN FUNDS IN SPECIAL ACCOUNTS WHICH SHALL BE RETAINED AND CARRIED OVER FROM YEAR TO YEAR WITH ALL EARNINGS AND INTEREST TO BE HELD FOR THE BENEFIT OF THE AUTHORITY.
Read the first time and referred to the Committee on Finance.
S. 722 -- Senators McConnell, Rose, Washington, Ford, Mescher and Ravenel: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF BOARD MEMBERS OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR THE APPOINTMENT OF BOARD MEMBERS; AND TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-726, SO AS TO PROVIDE FOR AN ADDITIONAL MEMBER OF THE GOVERNING BOARD OF THE AUTHORITY TO BE APPOINTED BY A MAJORITY OF THE RESIDENT MEMBERS OF THE BERKELEY, CHARLESTON, AND DORCHESTER COUNTY LEGISLATIVE DELEGATIONS, AND BY ADDING SECTION 51-13-766, SO AS TO AUTHORIZE THE AUTHORITY TO MAINTAIN SEPARATE ACCOUNTS FOR PRIVATE DONATIONS AND TO PROVIDE FOR THE USE OF THE FUNDS IN THOSE ACCOUNTS.
Read the first time and referred to the Committee on Finance.
S. 723 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Courtney, Jackson and Rankin: A BILL TO AMEND SECTION 2-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED BEGINNING IN 1996, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE SENATE AS APPROPRIATE SHALL BE ELECTED FROM EACH OF THESE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, AS ESTABLISHED IN ACT 1 OF 1997, AND TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997; AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY FOR MAKING THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, the Bill was placed on the Calendar without reference.
On motion of Senator HOLLAND, with unanimous consent, S. 723 was ordered to receive a second reading with notice of general amendments on Thursday, May 1, 1997.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered to be committed to the Committee on Judiciary on Thursday, May 1, 1997, subsequent to receiving a second reading with notice of general amendments on third reading, retaining its place on the Calendar as provided for under Rule 10.
On motion of Senator McCONNELL, with unanimous consent, S. 723 was exempt from the requirements of Rules 37, 39 and 26D.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Read the first time and referred to the Committee on Judiciary.
H. 4084 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE JAMES I. DAVIS, CLERK OF COURT FOR LEE COUNTY, ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4086 -- Rep. McMahand: A CONCURRENT RESOLUTION TO COMMEND MR. CLARENCE O. JACKSON OF SIMPSONVILLE, SOUTH CAROLINA, UPON HIS ELECTION AS PRESIDENT OF THE STATE USHERS AUXILIARY OF BAPTIST EDUCATION MISSIONARY CONVENTION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4087 -- Reps. M. Hines, Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE GREATER COLUMBIA ALUMNI CHAPTER OF ALLEN UNIVERSITY ON ITS "FIRST FAMILY AND FRIENDS BANQUET", MAY 2, 1997, AND WELCOMING CONGRESSMAN FLOYD H. FLAKE OF NEW YORK, THE BANQUET'S GUEST SPEAKER AND DISTINGUISHED NATIONAL LEADER AND CHAMPION OF CAUSES FOR THE DISADVANTAGED.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4091 -- Rep. Kennedy: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE REVEREND TERRANCE G. MACKEY, SR., PASTOR OF MT. ZION AFRICAN METHODIST EPISCOPAL CHURCH OF GREELEYVILLE WHICH BURNED JUNE 20, 1995, AND TO REFLECT UPON HIS TIRELESS EFFORTS TO BRING UNITY TO ALL PEOPLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4092 -- Reps. Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING ST. PAUL A.M.E. CHURCH-SHAWFIELD ON ITS ONE HUNDRED NINETEENTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4096 -- Reps. Pinckney and Bowers: A CONCURRENT RESOLUTION CONGRATULATING THE LADY GATORS OF ESTILL HIGH SCHOOL OF HAMPTON COUNTY ON WINNING THE 1997 CLASS A STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable with amendment and Senator BRYAN a minority unfavorable report on:
S. 63 -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND TO FURTHER PROVIDE THAT AN AREA IS DEEMED TO BE CONTIGUOUS IF IT IS INTERRUPTED BY PUBLIC MARSH LANDS OR WATERWAYS, SO LONG AS THE AREA INCLUDES HIGHLAND ON THE OTHER SIDE OF THE PUBLIC MARSH LAND OR WATERWAY, WHETHER OR NOT THE PUBLIC MARSH LAND OR WATERWAY IS AN ANNEXED PART OF ANOTHER MUNICIPALITY.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 290 -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 400 -- Senator Alexander: A BILL TO AMEND SECTION 6-9-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF STATE BUILDINGS FROM A STANDARD BUILDING CODE ADOPTED BY A COUNTY OR MUNICIPALITY, SO AS TO EXEMPT BUILDINGS OF SCHOOL DISTRICTS.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator GREGORY a minority unfavorable report on:
S. 469 -- Senators Cork, Ravenel, Rose, Mescher, Washington, Rankin, Patterson, McConnell, Passailaigue and Ford: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL; TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 531 -- Senators Martin, Wilson, J. Verne Smith, Short, Moore, Washington, Ryberg and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 564 -- Senator Martin: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE DEED RECORDING FEE, SO AS TO INCLUDE AN EXEMPTION FOR DEEDS GRANTING RIGHT-OF-WAY EASEMENTS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 692 favorable:
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.
Courson Wilson Matthews Patterson Russell Passailaigue McGill
O'Dell Rose Washington
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3253 -- Reps. Klauber and Hawkins: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3400 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 38-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON FIRE INSURERS TO COVER THE EXPENSES OF INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE USE OF FIFTY PERCENT OF THE ONE PERCENT TAX LEVIED IN THIS SECTION AND FOR AN ANNUAL REPORT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL FOR THE DURATION OF UNDERGRADUATE ENROLLMENT; TO AMEND SECTION 12-6-1120, RELATING TO THE COMPUTATION OF GROSS INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; TO AMEND SECTION 59-39-100, 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; TO REPEAL SECTION 12-4-380 RELATING TO ANNUAL REPORTS BY THE DEPARTMENT OF REVENUE TO THE GENERAL ASSEMBLY OF THE REVENUE IMPACT OF ACTIONS RELATING TO DEPARTMENTAL POLICY DOCUMENTS AND THE REDUCTION OF TAX LIABILITIES ORDERED BY THE DIRECTOR; TO AMEND SECTION 11-11-140, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AND USES OF SURPLUS REVENUES TO REFLECT IN THE SECTION THE GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS; TO ADD SECTION 11-11-150 SO AS TO DELETE FROM CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT UNEXPENDED BALANCES IN THESE FUNDS LAPSE TO THE GENERAL FUND OF THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330, 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS, DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150; TO AMEND SECTION 14-7-845, RELATING TO THE OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE THAT TEACHERS AND SCHOOL ADMINISTRATORS MAY ALSO POSTPONE THEIR JURY SERVICE DURING THE SCHOOL TERM, TO DEFINE A TEACHER AND SCHOOL ADMINISTRATOR FOR THIS PURPOSE, AND TO PROVIDE FOR THE USE OF CERTAIN STATE FUNDS TO PAY A SUBSTITUTE TEACHER DURING THE REGULAR TEACHER'S ABSENCE FOR JURY SERVICE; TO ADD SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE; TO AMEND SECTION 56-3-5010, AS AMENDED, RELATING TO THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A LICENSE PLATE PURCHASER MAY DESIGNATE A SCHOOL DISTRICT OR A SCHOOL TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE SCHOOL DISTRICT AND THE SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE A PORTION OF THE LICENSE PLATE FEE TO A SCHOOL DISTRICT FOR FURTHER DISTRIBUTION TO A SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER; TO ADD SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR COUNTY BOARDS OF EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM; TO AMEND SECTION 59-142-10, RELATING TO THE NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME STUDENTS ARE ELIGIBLE FOR SUCH GRANTS; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO RECEIVE STATE MATCHING FUNDS FOR ACADEMIC PURPOSES FROM THE HIGHER EDUCATION MATCHING GIFT FUND HEREIN ESTABLISHED, AND TO PROVIDE FOR THE MANNER IN WHICH STATE MATCHING FUNDS SHALL BE PROVIDED; TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD OF COLLECTION, AND DISPOSITION OF THE REVENUE; TO REPEAL SECTION 44-1-120 RELATING TO THE ANNUAL REPORT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY; TO ADD SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS; TO ADD SECTION 1-11-185 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY ADOPT RULES AND PROMULGATE CERTAIN REGULATIONS THAT GOVERN THE OPERATION OF THE DEPARTMENT OF CORRECTIONS; AND TO AMEND SECTION 24-1-140, RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL PERFORM CERTAIN DUTIES TO CARRY OUT THE INTENT OF CHAPTER 1, TITLE 24, SHALL CARRY OUT CERTAIN DIRECTIVES OF THE BUDGET AND CONTROL BOARD, AND IS AUTHORIZED TO MAKE AND EXECUTE CERTAIN CONTRACTS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO CIRCUIT COURTS AND CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, FIFTH, AND THIRTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND THIRTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY COURT JUDGES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE; TO ADD SECTION 38-7-35 SO AS TO PROVIDE THAT TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT; TO REPEAL CHAPTER 51, TITLE 2 RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON SERVICES, PROGRAMS, AND FACILITIES FOR THE AGING.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3411 -- Reps. Cromer, Bauer, Cobb-Hunter, Neilson, J. Smith, Stuart, Harrison, Scott, Howard, Knotts, Cotty, Neal, Koon, Riser, Gamble, Young, Spearman, McMaster, J. Brown, Wilkes, Byrd and Hodges: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE FOR A NATIONAL CEMETERY TO BE LOCATED AT FORT JACKSON IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3459 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3503 -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 3747 favorable:
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.
Courson Wilson Matthews Patterson Russell Passailaigue McGill
O'Dell Rose Washington
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 4075 favorable:
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".
Courson Wilson Matthews Patterson Russell Passailaigue McGill
O'Dell Rose Washington
Ordered for consideration tomorrow.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
S. 711 -- Senator Hutto: 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".
Returned with concurrence.
Received as information.
S. 714 -- Senator Short: A CONCURRENT RESOLUTION COMMENDING AND THANKING LAURA MULLER THOMAS FOR HER MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO THE TOWN OF RIDGEWAY, AND CONGRATULATING HER UPON HER RETIREMENT AS THE MAYOR OF RIDGEWAY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
(By prior motion of Senator PEELER, with unanimous consent)
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.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 75 -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Senator COURTNEY explained the Bill.
S. 9 -- Senators Lander and Bryan: 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.
(By prior motion of Senator LANDER, with unanimous consent)
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.
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
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.
(By prior motion of Senator PEELER, with unanimous consent)
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.
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.
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 Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following amendment (4458HTC.97), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. A. Article 23, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2845. If a motor carrier which is required to file a property tax return but is not required to register motor vehicles in this State fails to file a return and remit property taxes, the Department of Revenue shall issue a demand for payment. If the motor carrier fails to file a return and remit taxes within thirty days of receipt of the notice, the department shall issue a warrant for the estimated amount of tax due, plus a twenty-five percent penalty, to be collected in the same manner as other warrants are collected."
B. Section 12-37-2820 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2820. The Department of Public Safety Revenue annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:
(1) Year One - .90
(2) Year Two - .80
(3) Year Three - .65
(4) Year Four - .50
(5) Year Five - .35
(6) Year Six - .25
(7) Year Seven - .20
(8) Year Eight - .15
(9) Year Nine - .10 "
C. Section 12-37-2830 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2830. The value of a motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Public Safety Revenue based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year."
D. Section 12-37-2840 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2840. Motor carriers must file an annual property tax return with the Department of Public Safety Revenue no later than the thirtieth day of June for the preceding calendar year with and remit one-half or the entire tax due as stated on the return. If one-half of the tax is remitted on or before June 30 the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31. If the motor carrier fails to remit tax due pursuant to this section, the department shall issue a notice to the motor carrier demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department of Public Safety, which must not renew the registrations of the motor vehicles required by this article to be on the property tax return. A twenty-five percent penalty must be added to the property tax due and the tax and penalty must be paid in full by cashier's check, money order, or cash. The penalty required by this section is instead of all other penalties and interest required by law.
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles."
E. Section 12-37-2850 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2850. The Department of Public Safety Revenue shall assess annually the taxes due based on the value determined in
Section 12-28-2820 and an average millage for all purposes statewide for the current year. The average millage may be increased to cover any loss of revenue from not licensing trailers incurred by the Department of Public Safety Revenue from not licensing trailers. The taxes assessed must be paid to the Department of Public Safety Revenue no later than December thirty-first of each year and may be made in two equal installments. Distribution of the taxes paid must be made by the State Treasurer's Office based on the distribution formula contained in Section 12-37-2870."
F. Section 12-37-2860 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2860. In lieu Instead of the property taxes and registration requirements after the initial registration contained in Sections 56-3-110 and 56-3-700 on semitrailers and trailers of motor carriers as defined in Section 12-37-2810, a one-time fee payable to the Department of Public Safety in the amount of eighty-seven dollars is due on all semitrailers and trailers currently registered and subsequently on each semitrailer and trailer before being placed in service. Twelve dollars of the one-time fee must be distributed to the Department of Public Safety Revenue. The Department of Public Safety shall design a permanent tag for display on the exterior of the rear of the trailer or semitrailer in a conspicuous place. The remaining seventy-five dollars of the fee must be distributed based on the distribution formula contained in Section 12-37-2870. The distribution of fees collected pursuant to this section by the Department of Public Safety must occur by the fifteenth day of the month following the month in which the fees are collected. The fee required by this section is due on or before March 31, 1998, for the initial registration. "
G. Section 12-37-2870 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2870. The distribution for each county must be determined on the ratio of total federal and state highway miles within each county during the preceding calendar year to the total federal and state highway miles within all counties of this State during the same preceding calendar year. The county must distribute the revenue from the payment-in-lieu of taxes received pursuant to this section to every governmental entity levying a property tax in the manner set forth below. For each governmental entity levying a property tax, the entire assessed value of the taxable property within its boundaries and the county area must be multiplied by the millage rate imposed by the governmental entity. That figure constitutes the numerator for that governmental entity. The total of the numerators for all property tax levying entities within the county area constitutes the denominator. The numerator for each governmental entity must be divided by the denominator. The resulting percentage must be multiplied by the payment-in-lieu of tax revenue received pursuant to this section and that amount distributed to the general fund of the appropriate governmental entity. The distribution of taxes and fees paid must be made by the last day of the next month succeeding the month in which the taxes and fees were paid."
H. Section 12-37-2880 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2880. Motor vehicles, as defined in Section 12-37-2810, owned, operated, managed, or leased by a motor carrier are exempt from property tax except as provided in this article. The ad valorem taxes authorized by this article are in lieu of all other ad valorem taxes upon the motor vehicles of motor carriers. The fee in lieu of property taxes and registration requirements authorized by this article are in lieu of all other ad valorem taxes upon trailers and semitrailers of motor carriers."
I. Section 56-3-120 of the 1976 Code, as last amended by Act 425 of 1996, is further amended by adding at the end to read:
"(5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee in lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860."
J. Section 56-3-700 of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:
"Section 56-3-700. For every trailer, semitrailer, or pole trailer, not exempted by Section 56-3-120(5), the biennial registration fee is twenty dollars. The department must include in this classification every trailer, semitrailer, or pole trailer designed for carrying property, except house trailers, utility trailers, those trailers and semitrailers exempted by Section 56-3-120(5), and boat trailers as otherwise provided in this article. Semitrailers or pole trailers weighing less than five hundred pounds with load capacity of less than one thousand pounds and trailers and semitrailers with an actual unloaded weight of fifteen hundred pounds or less and carrying a load capacity not exceeding twenty-five hundred pounds and which are designed, adapted, and used exclusively for agriculture, horticulture, or livestock-raising operations or for lifting or carrying an implement of husbandry need not be registered or licensed."
K. SECTIONS 2 and 3 of Act 461 of 1996 are amended to read:
"SECTION 2. For the taxes assessed and required to be paid in accordance with this act, under Section 12-37-2850 of the 1976 Code, credit shall be allowed for any motor carrier's vehicle property taxes previously paid by a motor carrier for the 1998 tax year. Motor vehicles as defined in Article 23, Chapter 37, Title 12 of the 1976 Code which are acquired after March 31, 1997, are subject to fiscal year 1998 property taxes. For purposes of this section, fiscal year 1998 is April 1, 1997, through March 31, 1998.
SECTION 3. The first annual property tax return required under this act, required to must be filed by Section 12-37-2840 of the 1976 Code, is due June 30, 1998, for the 1997 calendar year."
L. Except where otherwise provided in this section, this section has the same effective date provided for Article 23, Chapter 37, Title 12 of the 1976 Code as added by Act 461 of 1996.
SECTION 3. Except where otherwise stated, this act takes effect on the first day of the third month following approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 542 -- Senators Fair and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (542R001.MTR), which was adopted:
Amend the bill, as and if amended, page [542-1], after line 41, by adding appropriately numbered new SECTIONS at the end to read:
/SECTION ___. Section 59-31-40 of the 1976 Code is amended to read:
"Section 59-31-40. The meetings of the State Board of Education in any year at which an adoption is made shall must be public. New textbooks adopted by the State Board of Education in any year shall must not be used in the free public schools of this State until the next school session begins. The State Board of Education may not approve for adoption a textbook or other instructional material which contains any clear, substantive, factual, or grammatical error."
SECTION ___. Article 1, Chapter 31, Title 59 of the 1976 Code is amended by adding:
"Section 59-31-70. A school district may purchase school textbooks approved by the Board of Education for instructional use directly from a publisher under contract with the state board when needed for instruction by the school district if the textbooks are not available from the State Department of Education. In this event, the district shall be reimbursed from state school textbook funds of the Department of Education when these textbook funds become available, in accordance with any agreement between the school district and the department."
SECTION ___. Article 1, Chapter 31, Title 59 of the 1976 Code is further amended by adding:
"Section 59-31-75. A public school may not begin a course if state approved textbook(s) or other course material is not available on the first day of class or if the delivery date is after the first two weeks of classes unless the board of trustees determines that the class should be offered."
SECTION ___. Section 59-31-510 of the 1976 Code is amended to read:
"Section 59-31-510. The State Board of Education may negotiate and execute contracts with the publishers of schoolbooks whereby publishers and vendors of school textbooks that allow the State will to rent from the publishers or buy outright the books to be used in the public schools, with discretion in the State Board of Education to make rental contracts or purchase contracts as it may be to the best advantage of the State. Any A contract made with a publisher of textbooks may be made so as to divide the payment to the publisher for rental or purchase over a period of three years, but nothing herein shall it must not be construed to prevent the State Board of Education from purchasing or renting additional books as the necessity shall or may arise necessary. If the State Board of Education should decide decides to purchase outright the books to be used in the schools of this State, they shall must be purchased at the lowest possible prices and, so far as existing contracts for State-adopted state-adopted books will permit, pursuant to competitive bidding.
Each contract between the State Board of Education and a publisher or vendor of any school textbook or other instructional material must require that all textbooks or other instructional material rented or purchased by the State be free of any clear, substantive, factual, or grammatical error. The contract also must allow the State Board of Education to require reasonable remedies if an error is found."
SECTION ___. Section 59-31-600 of the 1976 Code is amended to read:
"Section 59-31-600. When the State Board of Education determines that a textbook or instructional material adoptions are adoption is needed in a specific field, the board shall direct evaluating and rating committees to assess the textbooks textbook or instructional material for the presentation of instructional materials which develop development of higher-order thinking skills and problem solving. Each evaluation and rating committee must have at least one layperson and the board is encouraged to have as many laypeople on the committee as is appropriate. A majority of the membership of the committee must have expertise in the areas under consideration. In addition to monitoring the accuracy of facts and grammar, the committee shall include in its rating and evaluating criteria, where applicable, satisfaction of state mandates for graduation criteria and support for the benefits of the American economic and political system. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks and other instructional materials which develop higher-order thinking skills."
SECTION ___. Article 5, Chapter 31, Title 59 of the 1976 Code is amended by adding:
"Section 59-31-610. Before final adoption, the state board shall make all textbook and instructional material available for public inspection for not less than thirty days at display centers geographically dispersed throughout the State as designated by the State Superintendent of Education.
The state board shall hold a public hearing before adopting any textbook or instructional material for use in the schools of this State."/
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 49 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERM OF OFFICE FOR MAGISTRATES, SO AS TO PROVIDE THAT THE INITIAL TERM OF A NEWLY APPOINTED MAGISTRATE SHALL BE FOR TWO YEARS RATHER THAN FOUR YEARS.
Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (49R002.MTR), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 27 through 32, and inserting in lieu thereof the following:
/provided, however, that the initial term of office of a magistrate who has not previously served as a magistrate shall be two years from the date of confirmation and the second term of an individual so appointed shall extend to the conclusion of the four-year period delineated below for the respective county in which the magistrate serves. The provisions of this paragraph must be read in conjunction with the following paragraph and nothing in this provision shall be construed to alter the staggering scheme provided in the next paragraph."/
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
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.
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 (JUD0616.002), 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 16-3-1350. (A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault if the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund if the offense occurred in South Carolina. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health care facilities directly.
(D) The Governor's Office Division of Victim Assistance must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1210. (1) Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:
(a) the offense was committed in this State; or
(b) the victim was a resident of this State when the offense was committed in another state. In either case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.
A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question or acted on behalf of the suspect, juvenile offender, or defendant.
(2) A licensed health care or medical facility is eligible for an award to cover the specific cost for a routine medicolegal exam of an alleged victim of criminal sexual conduct in any degree or child sexual abuse provided the victim has filed an incident report with the police, provided the health care facility has performed the exam adhering to sexual assault exam protocol standards developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association, and provided that the crime occurred in South Carolina."
SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is amended to read:
Section 16-3-1510. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal justice system of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1520. For the purpose of this article, "witness" means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced.
Section 16-3-1530. This section is known and may be cited as the "Victim's and Witness's Bill of Rights". To the extent reasonably possible and subject to available resources, victims and witnesses of crime are afforded the following rights where applicable:
(A) VICTIMS AND WITNESSES HAVE A RIGHT TO BE TREATED WITH DIGNITY AND COMPASSION.
(1) A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury.
(2) A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance.
(3) A victim or witness has a right to receive courteous assistance as they cooperate with criminal justice personnel.
(B)(1) A victim has the right to be free from intimidation when involved in the criminal justice system.
(2) When the threat of damaging intimidation cannot be avoided, law enforcement agencies must take measures to protect the victim or witness, including, but not be limited to, transportation to and from court and physical protection in the courthouse.
(3) The court must provide the victim or witness courthouse waiting areas that are separate from those that will be used by the defendant, his or her family, or friends.
(4) If a witness is threatened, the solicitor must, to the extent reasonably possible, attempt to prosecute the case.
(C) A victim or witness who wishes to receive notification and information must provide the solicitor, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole, and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole, and Pardon Services and the Department of Corrections.
(1) victim or witness has a right to be informed about the procedures and practices of the criminal justice system.
(2) victim has a right to be informed of financial assistance and other social services available to victims and witnesses.
(3) A victim has a right to be informed of any compensation or fees to which they are entitled.
(4) A victim has a right to know the status and progress of his case from the police investigation to final disposition.
(5) A victim or prosecution witness has a right to be informed of a defendant's release on bail and to provide recommendations to the magistrate.
(6) A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender.
(7) A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody.
(8) Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or prosecution witness has the right to be informed of all hearings and procedures in time to exercise his right to attend.
(9) A victim has the right to be informed of whatever rights to legal counsel are available to him in this State.
(10) A victim has the right to discuss his case with the prosecutor.
(11) A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery for damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime.
(12) A victim has the right to discuss his case with the solicitor or other prosecutor and be informed of any offers to plea bargain with the defendant.
(13) A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled.
(14) A witness has a right to be informed of financial assistance, compensation, or fees to which they are entitled.
(D)(1) A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court must determine the rate of reimbursement and reimburse all eligible persons in a timely manner.
(2) A victim or his surviving dependents have the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the South Carolina Crime Victim's Compensation Fund.
(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge must order restitution at every sentencing for a crime against person or property or as a condition of probation, unless the court finds a substantial and compelling reason not to order restitution. The court must diligently, fairly, and in a timely manner enforce all orders of restitution.
(E)(1) A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, employer and creditor intercession services by the solicitor who (a) must seek employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process, and (b) must seek consideration from creditors if the victim is unable, temporarily, to continue payments.
(2) A victim has the right to have recovered, or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the solicitor, or law enforcement agencies using photographs of property as evidence whenever possible.
(F) The court, the solicitor, and the defense must recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights.
(1) A victim has the right to participate in the criminal justice process directly or through representation.
(2) A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation.
(3) A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost, and inconvenience resulting from his involvement in a prosecution.
(G) The court must treat "special" witnesses sensitively, using closed or taped sessions when appropriate. The solicitor or defense must notify the court when a victim or witness deserves special consideration.
Section 16-3-1535. General law enforcement agencies must provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State
grants crime victims in criminal cases that list the local crime victim assistance providers. The statutory rights contained in this document must include all rights contained in Section 16-3-1530.
Section 16-3-1540. Nothing in Section 16-3-1530 of this article creates a cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services set forth in this article.
Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known.
(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in General Sessions Court and at a parole hearing. The solicitor's office or law enforcement agency must provide a copy of the written form to any victim who wishes to make a written report. In cases where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit must assist the victim in completing the form. The victim must submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time before sentencing. The court must allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor must forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and to the Probation, Parole, and Pardon Services Board. Solicitors must begin using these victim impact statements no later than January 1, 1985.
(C) The Attorney General's Office must develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other state agency or department in developing this form. The Attorney General's office must distribute this form to all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement must:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;
(6) Contain any other information related to the impact of the offense upon the victim; and
(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim.
(E) [Deleted]
(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages.
Section 16-3-1560. (A) The State must ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency must immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams must use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in (B) above performed on an alleged victim of
criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health care facilities directly.
(D) There is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.
(E) When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he must direct payment of additional services from the Victim's Compensation Fund.
Section 16-3-1505. In recognition of the civic and moral duty of victims of and witnesses to a crime to cooperate fully and voluntarily with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative who is the subject of an investigation for, who is charged with, or who has been convicted of, or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant.
(2) 'Person' means an individual.
(3) 'Criminal offense' means an offense against the person or his property including statutory and common law offenses. For purposes of this article, 'criminal offense' does not include the drawing and uttering of a fraudulent check, as defined in Section 34-11-60; shoplifting, as defined in Section 16-13-110; or larceny of a bicycle, as defined in Section 16-3-80.
(4) 'Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense for criminal offenses defined in this section, whether or not any action or proceeding has been commenced.
(5) 'Prosecuting agency' means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court.
(6) 'Summary court' means magistrate or municipal court.
(7) 'Initial offense incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of the initial law enforcement response. 'Initial offense incident report' does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, or diagrams not included in the initial offense incident report, or any material that may be considered the work product of a law enforcement officer or witness.
(8) 'In writing' means any written communication, including electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article or both must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victims' compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of his case, and a document which:
(1) describes the constitutional rights the State grants victims in criminal cases;
(2) describes the responsibilities of victims in exercising these rights;
(3) lists local victim assistance and social service providers;
(4) provides information on eligibility and application for victims' compensation benefits; and
(5) provides information about the rights of victims and witnesses who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial contact, must assist each eligible victim in applying for victims' compensation benefits and other available financial, social service, and counseling assistance.
(C) Law enforcement victim advocates, upon request, may intervene with, and seek special consideration from, creditors of a victim who is temporarily unable to continue payments as a result of an offense, and with the victim's employer, landlord, school, and other parties as considered appropriate through the investigative process.
(D) A law enforcement agency, upon request, must make a reasonable attempt to inform a victim of the status and progress of his case from initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting agency.
Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.
(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, detention, or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, detention, or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim.
(E) After effecting the arrest or or detention of a person accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge, the name, address, and telephone number of each victim.
(F) After the arrest or detention of a person accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a family court judge:
(1) the prosecuting agency must reasonably attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend.
Section 16-3-1530. (A) A jail, prison, detention, or holding facility having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim of the release of the person.
(B) A department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims, reasonably must attempt to notify each victim of an escape by the person.
(C) A department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims, must inform each victim, upon inquiry, of any transfer of the person.
(D) A department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness of an escape by the person.
Section 16-3-1535. (A) The summary court, upon retaining jurisdiction of an offense involving one or more victims, reasonably must attempt to notify each victim of his right to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written victim impact statement, or both, for consideration by the summary court judge at the disposition proceeding.
(B) The summary court must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense, including:
(1) the victim's personal information and supplementary contact information;
(2) an itemized list of the victim's economic loss and recovery from any insurance policy or any other source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) identification of psychological services requested or obtained by the victim;
(5) a description of any changes in the victim's personal welfare or family relationships; and
(6) any other information the victim believes to be important and pertinent.
(C) The summary court judge must inform a victim of the applicable procedures and practices of the court.
(D) The summary court judge reasonably must attempt to notify each victim related to the case of each hearing, trial, or other proceeding.
(E) A law enforcement agency and the summary court must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence when possible.
(F) The summary court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice, upon referral of a juvenile accused of committing an offense involving one or more victims, must make a reasonable effort to confer with each victim before (1) placing the juvenile in a diversion program, (2) issuing a recommendation for diversion, (3) referring the juvenile to the prosecuting agency for prosecution, (4) issuing a recommendation for evaluation at the agency's reception and evaluation center, or (5) taking other action.
(B) The Department of Juvenile Justice must keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:
(1) the victim's personal information and supplementary contact information;
(2) an itemization of the victim's economic loss and recovery from any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) identification of psychological services requested or obtained by the victim;
(5) a description of any changes in the victim's personal welfare or family relationships; and
(6) any other information the victim believes to be important and pertinent.
(B) The prosecuting agency must offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed.
(C) The prosecuting agency must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.
(D) The prosecuting agency must inform each victim of his right to legal counsel and of any available civil remedies.
(E) A law enforcement agency, the prosecuting agency, and the circuit and family courts must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible.
(F) The prosecuting agency must inform victims and prosecution witnesses of financial assistance, compensation, and fees to which they may be entitled, and must offer to the victims and witnesses assistance with applications for these items.
(G) The prosecuting agency, upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by the prosecuting agency for disposition of the case in general sessions or family court.
(H) The prosecuting agency must discuss a case with the victim. The agency must confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations.
(I) The prosecuting agency reasonably must attempt to notify each victim of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency must reasonably attempt to inform victims and witnesses in a timely manner.
(J) The prosecuting agency victim advocate, upon request, may intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal or juvenile justice system and with the victim's creditors, landlord, school, and other parties as appropriate throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency immediately must refer the incident to the appropriate law enforcement agency for prompt investigation and make a reasonable attempt to prosecute the case.
(L) The prosecuting agency must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings, and must familiarize victims and witnesses with courtroom procedure and protocol.
(M) The prosecuting agency must refer victims to counselors, social service agencies, and victim assistance providers, as appropriate.
Section 16-3-1550. (A) Employers of victims and witnesses must not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. A wilful violation of this provision constitutes contempt of court.
(B) A person must not be sequestered from a proceeding adjudicating an offense of which he was a victim.
(C) For proceedings in the circuit or family court, the law enforcement and prosecuting agency must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses.
(D) The circuit or family court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice.
(E) The circuit or family court must treat sensitively witnesses who are very young, elderly, handicapped, or who have special needs, by using closed or taped sessions when appropriate. The prosecuting agency or defense attorney must notify the court when a victim or witness deserves special consideration.
(F) The circuit or family court must hear or review any victim impact statement, whether written or oral, before sentencing. Within a reasonable period of time before sentencing, the prosecuting agency must make available to the defense any written victim impact statement; and the court must allow the defense an opportunity to respond to the statement. However, the victim impact statement must not be provided to the defense until the defendant has been found guilty by a judge or jury. The victim impact statement and its contents are not admissible as evidence in any trial.
(G) The circuit and family court must address the issue of restitution as provided by statute.
Section 16-3-1555. (A) The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully observing a subpoena.
(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice, are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction, or as necessary to provide notifications, services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.
(D) The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, their legal names, current addresses, and telephone numbers.
(E) The prosecuting agency must inform the victim about the collection o f restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.
Section 16-3-1560. (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.
(B) The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.
(D) The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings.
(E) The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings until their resolution.
(F) The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings.
Section 16-3-1565. (A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services set forth in this article.
(B) A sentence must not be invalidated because of failure to comply with the provisions of this article.
(C) This article must not be construed to create a cause of action for monetary damages."
SECTION 4. Section 14-1-206 of the 1974 Code is amended to read:
"Section 14-1-206 (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to sixty two one hundred percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 47.17 34.18 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 11.97 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .5 .36 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 16.21 11.75 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 9.61 percent for the State Office of Victim Assistance;
(6) 5.34 3.87 percent to the general fund;
(7) 1.0 .72 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.
(8) 27.54 percent to the county treasurer for the county in which the case was tried. The revenue distributed to the county under this item must be used for the provision of services for the victims of crime including those required by Section 24 of Article 1 of the State Constitution and statutory law implementing the constitutional provision. In lieu of remitting the revenue governed by this item to the State Treasurer, the county treasurer may retain the funds and forward a report on the amount of funds retained to the State Treasurer. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for other capital or operating needs of the judicial system."
SECTION 5. Section 14-1-207 of the 1976 Code is amended to read:
"Section 14-1-207 (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrates' court must pay an amount equal to 88 113 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 28.10 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 17.99 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .65 .52 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 20.42 16.34 percent for the State Office of Victim Assistance;
(5) 8.94 7.16 percent to the general fund;
(6) 11.38 9.11 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.0 .08 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.
(8) 20 percent to the county treasurer for the county in which the case was tried. The revenue distributed to the county under this item must be used for the provision of services for the victims of crime including those required by Section 24 of Article 1 of the State Constitution and statutory law implementing the constitutional provision. In lieu of remitting the revenue governed by this item to the State Treasurer, the county treasurer may retain the funds and forward a report on the amount of funds retained to the State Treasurer. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for other capital or operating needs of the judicial system."
SECTION 6. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 7. This act takes effect July 1, 1997./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 303 -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators COURTNEY and LEATHERMAN proposed the following amendment (JUD0303.005), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 29, in Section 42-1-415(C), as contained in SECTION 1, by striking subsection (C) in its entirety and inserting therein the following:
/(C) The knowing and wilfull falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such the false documentation to the penalties for fraud as provided by law. Knowing and wilfull failure to notify, by certified mail, the higher tier subcontractor, contractor, or project owner who originally was provided documentation of workers' compensation coverage of a lapse in coverage within five days after the lapse is considered fraud and subjects the contractor or subcontractor who represented himself as having workers' compensation insurance to the penalties for fraud provided by law. Additionally, a contractor or subcontractor who knowingly and wilfully falsely documents workers' compensation insurance or knowingly and wilfully fails to provide notice of lapse in workers' compensation coverage as specified in this section, or any contractor or subcontractor who refuses to reimburse the Uninsured Employers' Fund for a claim paid on its behalf shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40; provided, however, notwithstanding any other provision of law, the license or certificate of a contractor or residential home builder shall be revoked for a period of two years when the contractor or subcontractor knowingly and wilfully falsely documents workers' compensation insurance or knowingly or wilfully fails to provide notice of lapse in workers' compensation coverage as specified in this section. Upon expiration of the two-year revocation period, or when the license or certificate of any contractor or subcontractor is revoked for refusal to reimburse the Uninsured Employers' Fund for a claim paid on its behalf, the licensing entity of the contractor or subcontractor may reissue the license or certificate of the contractor or residential home builder in the same manner as any other revoked license./.
Amend title to conform.
Senator COURTNEY 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:
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 712 -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
(By prior motion of Senator BRYAN)
S. 708 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 709 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO LIFE INSURANCE ILLUSTRATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 710 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2147, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 634 -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
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 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.
Senator LEVENTIS was recognized.
S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.
With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up the Bill, S. 604, for immediate consideration for the purpose of giving the Bill a third reading.
Senator LEVENTIS objected.
Senator LEVENTIS resumed speaking on S. 409.
Senator LEVENTIS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.
Senator McCONNELL objected.
Senator LEVENTIS spoke on the Bill.
At 12:05 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 12:25 P.M., the Senate resumed.
Senator LEVENTIS continued arguing in favor of the Bill.
On motion of Senator DRUMMOND, with unanimous consent, the Bill, S. 409, was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
Senators THOMAS and WILSON desired to be recorded as voting against the second reading of the Bill.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Senator GIESE moved that the Bill be made a Special Order.
The PRESIDENT ordered a division vote.
By a division vote of 26-7, the Bill was made a Special Order.
S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.
Senator DRUMMOND asked unanimous consent to make a motion during the Motion Period that the Bill be taken up for immediate consideration for the purpose of giving the Bill a third reading.
There was no objection.
Senator MOORE made a Parliamentary Inquiry as to whether or not the Senate would remain in the Motion Period subsequent to the consideration of S. 604.
The PRESIDENT stated that the Senate would remain in the Motion Period until closed or dispensed with by the Senate.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0604.004), which was adopted:
Amend the bill, as and if amended, page 1, line 30, in Section 1-5-10(B), as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:
/(B) Pursuant to the General Assembly's authority under Article VI, Section 7 of the State Constitution to provide for the duties and compensation of the Secretary of State, a person elected to the office of Secretary of State in the 1998 general election or thereafter shall receive no compensation and exercise no functions or duties. The functions, powers, duties, responsibilities, and authority statutorily exercised by the Secretary of State must be devolved upon the state agencies, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds, in the manner that the General Assembly shall provide by law."/
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
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.
Senator SETZLER moved that the Bill be made a Special Order.
Senator LEVENTIS raised a Point of Order under Rule 33B that the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
Senator SETZLER spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
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 AND AMENDING VARIOUS SECTIONS 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; AND TO AMEND OTHER SECTIONS OF THE 1976 CODE SO AS TO CONFORM TO FEDERAL MANDATES RELATING TO CHILD SUPPORT. (ABRREVIATED TITLE)
Senator COURTNEY asked unanimous consent to make a motion during the Motion Period that the Bill be taken up for immediate consideration for the purpose of giving the Bill a third reading.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators SETZLER and SHORT proposed the following Amendment No. 1 (JUD0532.007), which was adopted:
Amend the bill, as and if amended, page 4, line 34, in Section 20-3-235, as contained in SECTION 1, by striking line 34 in its entirety and inserting therein the following:
/security numbers of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section."/
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives 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.
Senator FORD asked unanimous consent to make a motion during the Motion Period that the Bill be taken up for immediate consideration for the purpose of giving the Bill a third reading.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators McCONNELL and FORD proposed the following Amendment No. 1 (JUD0249.002), which was adopted:
Amend the Committee Report, as and if amended, page [249-1], beginning on line 38, Section 53-5-10, as contained in SECTION 1, by striking lines 38-39 and inserting therein:
/nineteenth day of January, the third Monday in February, the tenth day of May - Confederate Memorial/
Amend the Committee Report further, as and if amended, page [249-2], line 10, Section 53-5-10, as contained in SECTION 1, by inserting after the word /Day,/ the words /the third Monday in February - (Washington's birthday),/
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator PEELER objected to further consideration.
The Judiciary Committee proposed the following amendment (JUD249.002), which was adopted, as amended:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January - New Year's Day, the fifteenth day of January - Martin Luther King's birthday, the nineteenth day of January, the third Monday in February - Washington's birthday, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the Fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.
State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, the first Tuesday following the first Monday in November (even years) - General Election Day, or, in the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above.
The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."
SECTION 2. This act takes effect upon approval by the Governor./
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courson Drummond Elliott Ford Giese Glover Gregory Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Rose Saleeby Setzler Short Smith, J. Verne Washington Wilson
Courtney Fair Hayes Martin Mescher Peeler Ryberg Thomas Waldrep
The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator RANKIN asked unanimous consent to make a motion during the Motion Period to recur to the Morning Hour.
Senator GIESE objected.
S. 627 -- Senator Courtney: A BILL TO AMEND CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-143, SO AS TO PROVIDE THAT A COMMISSIONED TROOPER OR OFFICER OF THE DEPARTMENT MAY WEAR HIS UNIFORM AND USE HIS WEAPON WHILE PERFORMING A PRIVATE JOB IN HIS OFF-DUTY HOURS.
Senator COURTNEY asked unanimous consent to make a motion during the Motion Period that the Bill be taken up for immediate consideration for the purpose of giving the Bill a third reading.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator COURTNEY proposed the following Amendment No. 1 (JUD0627.001), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 23-6-143, as contained in SECTION 1, by striking line 28 in its entirety and inserting therein the following:
/equipment while performing a private job involving security or traffic, crowd, or pedestrian control in his off-duty hours if an/
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
THE SENATE RESUMED TO THE MOTION PERIOD.
S. 587 -- Senators Giese, McConnell, Bryan, Passailaigue, Gregory and Drummond: A SENATE RESOLUTION TO AMEND RULE 48, RULES OF THE SENATE, RELATING TO INVITATIONS, SO AS TO PROHIBIT THE ACCEPTANCE OF ANY INVITATIONS TO EVENTS WHICH ARE TO BE HELD BETWEEN THE HOURS OF NOON AND 2:00 P.M.
Senator GIESE moved that the Resolution be made a Special Order.
Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The question then was the motion by Senator GIESE to make S. 587 a Special Order.
The PRESIDENT ordered a division vote.
By a division vote of 13-11, the motion, not having received the necessary vote, failed.
At the request of the PRESIDENT Pro Tempore, Senator MOORE made a report on the meeting of the Chairmen's Committee.
Senator MOORE moved that the Senate grant all necessary authority to the Senate Finance Committee and the Senate Judiciary Committee to establish a joint subcommittee and further that this subcommittee ascertain and report to the Senate the need for future legislation, its review of the propriety of the passage of certain existing statutes, and its findings as to possible corruption in the State of South Carolina. The subcommittee is authorized to conduct a thorough and complete review of all matters, as provided under the State Constitution, relating to the consideration and/or passage of the capital gains tax and/or other legislation involved in the conduct of the U.S. Government investigation and prosecution known as "Operation Lost Trust" and must in the conduct of its review examine all documents, facts, reports, findings, memoranda, statements, testimony, documentary evidence in whatever form as well as any other materials or files that are part of the court's record or otherwise available to the subcommittee or obtainable by the subcommittee, and to examine such persons as it deems appropriate and to compel testimony and the production of documents, if necessary, to fulfill its responsibilities as provided herein. The subcommittee may not investigate matters outside of its scope or violate the privacy of witnesses regarding matters of a solely personal nature that are not relevant to the matters under investigation. The subcommittee shall publish a set of procedures and guidelines for the conduct of this investigation in the Senate Journal. The subcommittee may continue to conduct its investigation during the interim between annual sessions under the authority granted to standing committees as provided in the annual General Appropriation Act.
And further, the joint subcommittee must be composed of seven members, appointed by the PRESIDENT Pro Tempore of the Senate, three of whom must be appointed upon the recommendation of the Chairman of the Judiciary Committee and four of whom must be appointed upon the recommendation of the Chairman of the Senate Finance Committee. The members shall elect a chairperson. The committee must issue a report to the Senate on its findings and recommendations not later than April 1, 1998.
Senator MOORE spoke on the motion.
On motion of Senator MOORE, with unanimous consent, the amendment proposed by Senator PEELER whereby three members must be appointed from the minority party and four members must be appointed from the majority party was incorporated into the motion by Senator MOORE.
Senator THOMAS spoke on the motion.
Senator THOMAS asked unanimous consent to make a motion that the motion by Senator MOORE be amended to reflect an increase from seven to eight members of the subcommittee, with four members being appointed from the minority and four members being appointed from the majority party in order of their seniority in the Senate.
Senator THOMAS withdrew the amendment.
Senator THOMAS offered a further amendment to reflect an increase from seven to eight members of the subcommittee, with four members being appointed from the minority and four members being appointed from the majority party.
At 3:55 P.M., with Senator THOMAS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 4:05 P.M., the Senate resumed.
Senator THOMAS continued speaking on the motion.
Senator McCONNELL spoke on the motion.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Giese Glover Holland Hutto Jackson Land Lander Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Washington
Fair Ford Gregory Hayes Leatherman Martin Mescher Peeler Rose Smith, J. Verne Thomas Waldrep Wilson
The amendment was laid on the table.
The question then was the adoption of the motion by Senator MOORE, as amended.
The motion, as amended, was adopted as follows:
Senator MOORE moved that the Senate grant all necessary authority to the Senate Finance Committee and the Senate Judiciary Committee to establish a joint subcommittee and further that this subcommittee ascertain and report to the Senate the need for future legislation, its review of the propriety of the passage of certain existing statutes, and its findings as to possible corruption in the State of South Carolina. The subcommittee is authorized to conduct a thorough and complete review of all matters, as provided under the State Constitution, relating to the consideration and/or passage of the capital gains tax and/or other legislation involved in the conduct of the U.S. Government investigation and prosecution known as "Operation Lost Trust" and must in the conduct of its review examine all documents, facts, reports, findings, memoranda, statements, testimony, documentary evidence in whatever form as well as any other materials or files that are part of the court's record or otherwise available to the subcommittee or obtainable by the subcommittee, and to examine such persons as it deems appropriate and to compel testimony and the production of documents, if necessary, to fulfill its responsibilities as provided herein. The subcommittee may not investigate matters outside of its scope or violate the privacy of witnesses regarding matters of a solely personal nature that are not relevant to the matters under investigation. The subcommittee shall publish a set of procedures and guidelines for the conduct of this investigation in the Senate Journal. The subcommittee may continue to conduct its investigation during the interim between annual sessions under the authority granted to standing committees as provided in the annual General Appropriation Act.
And further, the joint subcommittee must be composed of seven members, appointed by the PRESIDENT Pro Tempore of the Senate, three of whom must be appointed upon the recommendation of the Chairman of the Judiciary Committee and four of whom must be appointed upon the recommendation of the Chairman of the Senate Finance Committee. Three members must be appointed from the minority party and four members must be appointed from the majority party. The members shall elect a chairperson. The committee must issue a report to the Senate on its findings and recommendations not later than April 1, 1998.
S. 632 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1999, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Senator ROSE asked unanimous consent to make a motion during the Motion Period to take up the Resolution for immediate consideration for the purpose of giving the Resolution a second reading and placing it in the status of Special Order.
Senator ROSE explained the Resolution.
Senator FORD objected.
Senator ROSE moved that the Resolution be made a Special Order.
The PRESIDENT ordered a division vote.
By a division vote of 29-3, the motion was adopted and the Resolution was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
At 4:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.