Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Celebrating the 150th birthday of Thomas Alva Edison (1847-1931).
Beloved, hear the words of Genesis 1:1-4:
"In the beginning when God created the heavens
and the earth, the earth was a formless void
and darkness covered the face of the deep,
while a wind from God swept over the face of
the waters. Then God said, 'LET THERE BE LIGHT;'
and there was light. And God saw that the
light was good..."
Let us pray.
Lord, God Almighty, we celebrate Your Creation of light and all the natural cosmos.
We thank You for Your servant, Thomas Edison, the great American inventor who brought into our human life the incandescent lamp, the phonograph, the microphone and other electrical and communication devices.
You have provided a vast army of scientists that have brought us a vast array of computers and gadgets that have shrunk our world in mysterious ways.
They, and You, have made the earth a neighborhood.
Help us to have a part in making our world-neighborhood a family of God and live like servants of God... and brothers and sisters in fact.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
October 16, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Commission of Hearing Aid Specialists, with term to commence June 31, 1993, and to expire July 31, 1997:
Dealer - Beltone:
Mr. Russell E. Taylor, Beltone Hearing Aid Center, 628-F Wade Hampton Boulevard, Greenville, S.C. 29609 VICE Milt Klar (resigned)
Referred to the Committee on Medical Affairs.
November 6, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Arts Commission, with term to commence June 30, 1997, and to expire June 30, 2000:
At-Large:
Elizabeth N. Adams, Ph.D., 303 Saluda Avenue, Columbia, S.C. 29205
Referred to the Committee on Education.
January 16, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Scenic Highways Committee, with term to commence July 14, 1996, and to expire July 14, 1998:
General Public:
Mr. John N. Hardee, 296 Tombee Lane, Columbia, S.C. 29209
Referred to the Committee on Transportation.
January 28, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Scenic Highways Committee, with term to commence July 14, 1996, and to expire July 14, 1998:
Farm:
Ms. Betty J. DeWitt, 4633 Hoffmeyer Road, Darlington, S.C. 29532
Referred to the Committee on Transportation.
The following was received:
Document No. 1911
Promulgated by Department of Labor, Licensing and Regulation-Board of Pharmacy
99-43. Definitions
Received by Lt. Governor May 10, 1996
Referred to Senate Committee on Medical Affairs
Withdrawn February 3, 1997
The following was received:
Document No. 2062
Promulgated by Department of Labor, Licensing and Regulation-Office of the State Fire Marshal
National Fire Protection Association Pamphlet No. 58
Received by Lt. Governor October 31, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1997
Revised expiration date June 1, 1997
Withdrawn and resubmitted February 11, 1997
Senator FAIR introduced Dr. Donald Gregg of Greenville, S.C., Doctor of the Day.
On motion of Senator PEELER, at 1:05 P.M., Senator LEATHERMAN was granted a leave of absence for the balance of the day.
At 12:12 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
Senator MOORE asked unanimous consent to make a motion that if the Senate completes its business prior to the appointed hour for ratification, that the Senate stand in recess until 12:55 P.M., at which time the Lieutenant Governor is authorized to ratify acts, and, upon completion of the ratification of acts, the Senate will stand adjourned.
The motion was adopted.
Senator LANDER rose for an Expression of Personal Interest.
The following were introduced:
S. 339 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460, SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED; AND TO AMEND SECTION 59-1-440 OF THE 1976 CODE, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT NOTHING IN SECTION 59-1-440 SHALL BE CONSTRUED SO AS TO RESTRICT A STUDENT'S PARTICIPATION IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION PURSUANT TO SECTION 59-1-460, AND TO FURTHER PROVIDE THAT TIME SPENT IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION SHALL BE INCLUDED AS A PART OF THE INSTRUCTIONAL DAY.
Read the first time and referred to Committee on Education.
S. 340 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Read the first time and referred to Committee on Finance.
S. 341 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF REVENUE, BY ADDING SECTION 12-4-325 SO AS TO REQUIRE THE STATE OF SOUTH CAROLINA TO DEFEND AND INDEMNIFY THE EMPLOYEES OF THE DEPARTMENT OF REVENUE AGAINST LIABILITY ARISING OUT OF THEIR ACTIONS WITHIN THE SCOPE OF THEIR EMPLOYMENT.
Read the first time and referred to Committee on Finance.
S. 342 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
Read the first time and referred to Committee on Finance.
S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Read the first time and referred to Committee on Finance.
S. 344 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5080 SO AS TO PROVIDE A DESIGNATION ON INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE DRUG AWARENESS RESISTANCE EDUCATION FUND; AND BY ADDING ARTICLE 6 TO CHAPTER 53, TITLE 44 SO AS TO ESTABLISH THE DRUG AWARENESS RESISTANCE EDUCATION FUND, PROVIDE FOR ITS GOVERNANCE, DUTIES, AND THE EXPENDITURE OF FUNDS.
Read the first time and referred to Committee on Finance.
S. 345 (Word version) -- Senators Leatherman and Giese: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS TO ESTABLISH MAXIMUM LIMITS ON FINES AND IMPRISONMENT FOR VIOLATIONS, TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE, AND TO REQUIRE A WRITTEN CONTRACT BE EXECUTED TO PERFORM SERVICES CONSIDERED THE PRACTICE OF FORESTRY.
Read the first time and referred to Committee on Fish, Game and Forestry.
S. 346 (Word version) -- Senators Rose and Mescher: A BILL TO AMEND TITLE 58, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 30, SO AS TO ENACT THE "ELECTRIC INDUSTRY RESTRUCTURING ACT" WHICH PROVIDES FOR LEGISLATIVE FINDINGS AND DECLARATIONS, REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A RESTRUCTURING PLAN PROVIDING FOR CUSTOMER CHOICE, PROVIDES THAT ALL RETAIL CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR PROVIDERS OF ELECTRIC GENERATION SERVICES BY A CERTAIN DATE, PROVIDES THAT LOCAL UTILITIES SHALL BE RELIEVED OF THE TRADITIONAL OBLIGATION TO SERVE BUT SHALL HAVE AN OBLIGATION TO CONNECT ALL CUSTOMERS WITHIN THEIR SERVICE TERRITORY ON NONDISCRIMINATORY TERMS AND CONDITIONS, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A PLAN FOR RECOVERING STRANDED COSTS, CREATES THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS.
Read the first time and referred to Committee on Judiciary.
S. 347 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and on motion of Senator ALEXANDER, with unanimous consent, ordered placed on the Calendar without reference.
S. 348 (Word version) -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 8 AT THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF THE LATE JOHN ALFRED PHIBBS AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Introduced and referred to the Committee on Transportation.
S. 349 (Word version) -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, and Williams: A CONCURRENT RESOLUTION COMMENDING AND RECOGNIZING MRS. PATRICIA MOORER KIRKLAND OF LEXINGTON COUNTY, UPON HER RETIREMENT AS LEGISLATIVE NURSE FOR THE GENERAL ASSEMBLY, FOR HER YEARS OF EXEMPLARY SERVICE TO THE GENERAL ASSEMBLY, TO HER STATE, AND TO HER COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 350 (Word version) -- Senators Wilson and Lander: A SENATE RESOLUTION EXTENDING THE SYMPATHY OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE RAYMOND J. "RAY" HAYES.
The Senate Resolution was adopted.
S. 351 (Word version) -- Senators Wilson and Courson: A SENATE RESOLUTION TO EXTEND THE SYMPATHY OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE S. WYMAN BOOZER.
The Senate Resolution was adopted.
H. 3153 (Word version) -- Reps. Simrill and Haskins: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.
Read the first time and referred to the Committee on Judiciary.
H. 3243 (Word version) -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3417 (Word version) -- Reps. Young, G. Brown, Canty, Neal and Woodrum: A CONCURRENT RESOLUTION SALUTING THE WILSON HALL GIRLS CROSS COUNTRY TEAM OF SUMTER COUNTY ON WINNING THE 1996 SCISA CROSS COUNTRY STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 41 (Word version) -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
Ordered for consideration tomorrow.
On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 336 (Word version) -- Senators Courson, J. Verne Smith, McConnell, Wilson and Ravenel: A CONCURRENT RESOLUTION TO PROPOSE THAT THE GENERAL ASSEMBLY DESIGNATE MARCH 8, 1997, AS PALMETTO BALL DAY IN SOUTH CAROLINA IN HONOR OF THE MUSEUM OF THE CONFEDERACY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives: S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Senators MESCHER and GIESE desired to be recorded as voting against the third reading of the Bill.
S. 77 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.
S. 87 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.
S. 88 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT. S. 324 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 195 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was read the second time with notice of general amendments on third reading.
S. 338 (Word version) -- Senator Setzler: A JOINT RESOLUTION TO APPROPRIATE FOR FISCAL YEAR 1996-97 SIX MILLION SEVEN HUNDRED THOUSAND DOLLARS TO THE DEPARTMENT OF EDUCATION FROM CERTAIN 1996-97 SURPLUS GENERAL FUND REVENUES TO FUND THE BASE STUDENT COST FIGURE IN THE EDUCATION FINANCE ACT FORMULA ADJUSTED TO REFLECT THE ACTUAL NUMBER OF STUDENTS IN ORDER TO PROVIDE ONE HUNDRED PERCENT OF FULL IMPLEMENTATION OF THE EDUCATION FINANCE ACT.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator SETZLER proposed the following amendment (SBD338.1), which was adopted:
Amend the bill, as and if amended, by inserting on page 1, line 31, after the word /1996./ and before the word /If/ the following:
/These funds shall be made available immediately to the Department of Education for allocation to local school districts for fiscal year 1996-97 in accordance with Section 59-20-40 of the South Carolina Code of Laws./
Senator SETZLER explained the Joint Resolution.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SETZLER, with unanimous consent, S. 338 was ordered to receive a third reading on Wednesday, February 12, 1997.
H. 3319 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 13-19, 1997, AS "SOUTH CAROLINA PUBLIC SAFETY TELECOMMUNICATIONS WEEK" IN HONOR AND RECOGNITION OF OUR DEDICATED PUBLIC SAFETY TELECOMMUNICATIONS PERSONNEL AND THE VITAL CONTRIBUTIONS THEY MAKE TO THE SAFETY AND WELL-BEING OF THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL explained the amendment proposed by the Committee on Judiciary.
Senator MARTIN assumed the Chair at 12:40 P.M.
Senator McCONNELL continued explaining the amendment.
Senator LANDER spoke on the Bill.
The Committee on Judiciary proposed the following amendment (JUD236.002), which was adopted:
Amend the bill, as and if amended, beginning on page 2, line 37, in Section 6-9-10, as contained in SECTION 1, by striking lines 37 through line 2 on page 3.
Amend the bill further, as and if amended, page 4, line 17, by adding a new paragraph to Section 6-9-30, as contained in SECTION 1, to read:
/Notwithstanding any provision of any nationally known code adopted pursuant to this chapter, all building officials, inspectors, and assistants appointed or employed to enforce or administer nationally known codes shall be employed at the will of the appointing county or municipality unless the county or municipality provides otherwise./
Amend the bill further, as and if amended, page 5, beginning on line 37, in Section 6-9-60, as contained in SECTION 1, by striking lines 37 and 38 and inserting therein the following:
/South Carolina, the South Carolina Association of Counties a county administrator, manager, or supervisor, the Building Officials' Association of South Carolina,/
Amend the bill further, as and if amended, page 7, beginning on line 26, in Section 6-9-70, as contained in SECTION 1, by striking lines 26 through 31 and inserting therein the following:
/misdemeanor, and any A person violating found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose by ordinance criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision./
Amend the bill further, as and if amended, page 10, beginning on line 1, in Section 6-8-30, as contained in SECTION 3, by striking Section 6-8-30 in its entirety and inserting therein the following:
/Section 6-8-30. (A) Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
(B) Upon initial employment by a political subdivision, an individual must be granted a provisional certificate of registration without examination which is valid for one year from the date of issuance. The provisional certificate of registration may not be renewed./
Amend the bill further, as and if amended, page 11, line 18, in Section 38-7-35, as contained in SECTION 4, by striking section 38-7-35 in its entirety and inserting therein the following:
/"Section 38-7-35. (A) Two hundred and fifty thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by law.
(B) One hundred thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Insurance for the purpose of implementing the program as provided in Section 38-75-480.
(C) Part (B) of this section must cease to be of any force or effect after June 30, 2002." /
Amend the bill further, as and if amended, page 11, line 24, by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 75 of Title 38 of the 1976 Code is amended by adding:
Section 38-7-470. The Director of Insurance shall appoint an advisory committee to the director and the South Carolina Building Codes Council to study issues associated with the development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. The advisory committee also must consider the costs associated with these strategies to individual property owners. The advisory committee must include:
(1) a representative from Clemson University involved with wind engineering;
(2) one representative from an academic institution involved with the study of earthquakes;
(3) one representative from the Department of Insurance;
(4) one representative from an insurer writing property insurance in South Carolina;
(5) one representative of the Department of Commerce;
(6) one representative from the Federal Emergency Management Association;
(7) one representative from the Homebuilders Association;
(8) one representative from the Manufactured Housing Institute of South Carolina;
(9) one representative from the State Fire Marshal's office;
(10) two at-large members appointed by the director; and
(11) two at-large members appointed by the Governor.
Members shall serve for terms of two years and shall receive no per diem, mileage, or subsistence. Vacancies must be filled in the same manner as the original appointment.
Within thirty days after its appointment, the advisory committee shall meet on call of the Director of Insurance. The advisory committee shall elect from its members a chairman and a secretary and shall adopt such rules not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called at the request of three or more members of the advisory committee. All members shall be notified by the chairman of the time and place of the meeting at least seven days in advance of the meeting. All meetings shall be open to the public. At least two-thirds vote of those members in attendance at the meeting shall constitute an official decision of the advisory committee.
Section 38-75-480. (A) There is established within the Department of Insurance a loss mitigation grant program. Funds may be appropriated to the grant program, and any funds so appropriated shall be used for the purpose of making grants to local governments or for the study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. Grants to local governments shall be for the following purposes:
(1) implementation of building code enforcement programs including preliminary training of inspectors.
(2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60.
Funds may be appropriated for a particular grant only after a majority affirmative vote on each grant by the advisory committee.
(B) The Department of Insurance may make application and enter into contracts for and accept grants in aid from federal and state government and private sources for the purposes of:
(1) implementation of building code enforcement programs including preliminary training of inspectors.
(2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60.
(3) study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire."/
Amend the bill further, as and if amended, page 11, line 31, by adding a new paragraph to SECTION 5 to read:
/To clarify the intent of the General Assembly and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon any state or local governmental entity or agency which adopts the building and safety codes authorized or required by Chapter 9 of Title 6 of the South Carolina Code of Laws./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0070.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 2-19-100 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within two four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."
SECTION 2. Section 2-19-110 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration. Upon a vacancy in the office of master-in-equity, candidates therefor must submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission must submit these reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. A person found not qualified by the commission is not eligible for appointment to the office of master-in-equity."
SECTION 3. Section 14-11-20 of the 1976 Code is amended to read:
"Section 14-11-20. Pursuant to the provisions of Section 2-19-110, Masters masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of thirty-two years upon his appointment, has not been a licensed attorney for at least eight years upon his appointment, has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the court of appeals Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas court of common pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 4. 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 second time, passed and ordered to a third reading with notice of general amendments.
S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RYBERG moved to carry over the Bill.
Senator McCONNELL moved to table the motion to carry over.
The motion to carry over was laid on the table. Senator McCONNELL spoke on the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 11, 1997, at 1:00 p.m. and the following Acts were ratified:
(R1) S. 27 (Word version) -- Senator Short: AN ACT TO REPEAL ACT 504 OF 1996, PROVIDING FOR THE NONPARTISAN ELECTION OF SCHOOL BOARD TRUSTEES IN CHESTER COUNTY. (R2) H. 3002 (Word version) -- Reps. Wilkins, D. Smith, Hawkins, Harrell, Fleming, Maddox, Cromer, Cato, McMaster, Young, Robinson, Haskins, Felder, Campsen, Boan, Limbaugh, Vaughn, Young-Brickell, Witherspoon, Simrill, Bailey, Altman, Meacham, Riser, Harrison, Gamble, Lloyd and Beck: AN ACT TO AMEND SECTION 2-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING IN 1994, SO AS TO REVISE CERTAIN OF THESE DISTRICTS; TO AMEND SECTION 2-1-65, 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 HOUSE OR 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, TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997, TO ESTABLISH FILING AND ELECTION DATES AND ELECTION PROCEDURES FOR THESE ELECTIONS, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY FOR THEIR RESPECTIVE BODY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-15 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
Senator DRUMMOND assumed the Chair at 1:10 P.M.
On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Reverend Eugene Couch of Moncks Corner, S.C.
At 1:12 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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