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 ACTING PRESIDENT, Senator MARTIN.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, our prayer this morning is in honor of the ladies, members of the Senate and the staff that help us do our work.
Luke, the physician, records these words, Chapter 10 (vv.38-39):
"Now as they went on their way, he entered a
certain village, where a woman named Martha
welcomed him into her home. She had a sister
named Mary, who sat at the Lord's feet and
listened to what He was saying."
Let us pray.
Our Father, after all the good things said about Martha's sister, Mary, who expressed her love for her Lord Jesus by washing his feet with her hair, and anointing Him with valuable oil, do not let us forget Martha who rattled the pots and pans while Mary listened to the Lord.
We remember that it was Martha, the practical homebody that first opened their door and said, "Come in, Lord, come in!" She wanted her little home blessed by His sacred presence.
So we pray, Lord, come into these temporary quarters we shall use for another year and make them a tabernacle (tent)... truly a House of prayer.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator THOMAS moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Hayes Holland Hutto Jackson Lander Leatherman Martin Matthews Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Rose Saleeby Setzler Short J. Verne Smith Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators REESE, McGILL, GREGORY, LEVENTIS and McCONNELL recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 27, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Abbeville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Clinton J. Hall, II, 207 Elberton Street, Calhoun Falls, S.C. 29628 VICE Harold C. Dixon (resigned)
Senator RAVENEL introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.
At 11:35 A.M., Senator GIESE requested a leave of absence until 12:30 P.M.
Senator McCONNELL rose for an Expression of Personal Interest.
Senator HOLLAND, Chairman of the Senate Operations and Management Committee was recognized to make a report to the body and stated that it was the decision of the committee that the Senate retain the desks and chairs which are currently in the chamber. However, further information was to be received by the committee regarding the cost of purchasing new desks, upfitting the existing desks, using the current desks and redesigning the sound system, and this information, when completed, would be used to arrive at a final decision on what is most cost effective and reported to the Senate.
Senator MOORE spoke on the report.
Senator DRUMMOND spoke on the report.
Senator PATTERSON spoke on the report.
Senator BRYAN asked unanimous consent to make a motion that the recommendations of the Operations and Management Committee be accepted.
There was no objection.
We supported the unanimous consent motion in that we understand this to be a vote to retain the current Senate desks and chairs to be returned to the refurbished State House.
We further understand to buy new desks and chairs will require an additional vote of the Senate membership.
S. 124 (Word version) -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
Senator COURTNEY asked unanimous consent to place the Bill on the Calendar.
There was no objection.
S. 171 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
Senator COURTNEY asked unanimous consent to place the Bill on the Calendar.
There was no objection.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
Senator DRUMMOND asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The following were introduced:
S. 531 (Word version) -- 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.
Read the first time and referred to the General Committee.
S. 532 (Word version) -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
Read the first time and referred to the Committee on Judiciary.
S. 533 (Word version) -- Senators Alexander, Ford, Waldrep, Leatherman, Moore, Hayes, Martin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-311 SO AS TO PERMIT COUNTIES OR MUNICIPALITIES TO HOLD REFERENDUMS, UPON PASSAGE OF AN ORDINANCE, TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS THEREOF CONSIDER NUDE OR SEMI-NUDE DANCING IN A PUBLIC PLACE OR IN ANY OTHER PLACE WITHIN THAT COUNTY OR MUNICIPALITY WHICH IS READILY VISIBLE TO THE PUBLIC TO BE PATENTLY OFFENSIVE CONDUCT APPEALING TO A PRURIENT INTEREST IN NUDITY AND SEX THEREBY VIOLATING THE CONTEMPORARY COMMUNITY STANDARDS OF THE COUNTY OR MUNICIPALITY, AND TO PROVIDE THAT SOLICITORS, PROSECUTING ATTORNEYS, AND LAW ENFORCEMENT OFFICIALS MAY CONSIDER THE RESULTS OF ANY SUCH REFERENDUM WHEN DETERMINING WHETHER OR NOT TO CHARGE AND PROSECUTE VIOLATIONS OF SECTION 16-15-305 RELATING TO OBSCENE MATERIALS AND CONDUCT.
Read the first time and referred to the Committee on Judiciary.
S. 534 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 535 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
Read the first time and ordered placed on the Calendar without reference.
H. 3103 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.
Read the first time and referred to the Committee on Medical Affairs.
H. 3135 (Word version) -- 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.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3401 (Word version) -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THE STANDARDIZED REQUIREMENTS AND MAKE THEM APPLICABLE TO BILLS FOR TAXES DUE ON REAL PROPERTY.
Read the first time and referred to the Committee on Finance.
H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Read the first time and referred to the Committee on Finance.
H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.
Read the first time and referred to the Committee on Judiciary.
H. 3627 (Word version) -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, 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, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, 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, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DEPUTY GREG SMITH OF THE LEXINGTON COUNTY SHERIFF'S OFFICE AND TERRY ALEXANDER OF THE STATE LAW ENFORCEMENT DIVISION (SLED) FOR THEIR EFFORTS IN RESOLVING THE ST. JOHN BAPTIST CHURCH INVESTIGATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3630 (Word version) -- Reps. Harvin and Cato: A CONCURRENT RESOLUTION COMMENDING AND THANKING CECIL W. THOMAS FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND STATE GOVERNMENT AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3631 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING MICHEL GRAYDON FOR HER OUTSTANDING CONTRIBUTIONS TO THE GEORGETOWN COMMUNITY AND GEORGETOWN COUNTY IN THE AREAS OF HISTORY AND THE ARTS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3639 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF SOUTH CAROLINA HIGHWAY PATROLMAN SERGEANT FIRST CLASS JAMES D. SHAY OF GREENWOOD COUNTY UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3640 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1996 NCAA DIVISION II NATIONAL CHAMPIONSHIP.
Senator DRUMMOND moved that the Concurrent Resolution be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Williams Wilson
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Medical Affairs submitted a favorable report on:
S. 6 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54, SO AS TO CREATE THE "SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT"; TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN; TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT; TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE; TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 23 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REDUCE FROM SIXTY TO FIVE DAYS THE TIME IN WHICH THE OWNER OF AN ANIMAL MUST SATISFY A LIEN PLACED UPON THE ANIMAL FOR EXPENSES RELATING TO COSTS ASSOCIATED WITH BOARDING OF THE ANIMAL FOR UPKEEP, REST, AND TRAINING; TO REDUCE FROM FIFTEEN TO SEVEN DAYS THE TIME PERIOD DURING WHICH THE OWNER OF THE BOARDING FACILITY MUST ADVERTISE THE SALE OF AN ANIMAL WHEN ITS OWNER FAILS TO SATISFY A LIEN FOR BOARDING AFTER NOTICE; AND TO PROVIDE THAT AN ANIMAL NOT PURCHASED AT THE ADVERTISED SALE BECOMES THE SOLE PROPERTY OF THE BOARDING FACILITY OWNER WITH ALL RIGHTS, PRIVILEGES, AND OBLIGATIONS OF OWNERSHIP.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable and Senator MOORE a minority unfavorable report on:
S. 49 (Word version) -- 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.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 52 (Word version) -- Senator Passailaigue: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-145 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH ADVERTISING AND THE SALE OF ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 72 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION THAT EMPLOYS A LAW ENFORCEMENT OFFICER WHO HAS SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY CHAPTER 23 OF THIS TITLE WHILE EMPLOYED BY ANOTHER POLITICAL SUBDIVISION MUST REIMBURSE THE POLITICAL SUBDIVISION THAT EMPLOYED THE OFFICER AT THE TIME OF TRAINING.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 156 (Word version) -- Senator Passailaigue: A BILL TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 62, SO AS TO PROVIDE FOR THE "PROPERTY TAX REDUCTION WORK ACT"; TO PERMIT TAXPAYERS TO REDUCE THEIR PROPERTY TAX DEBT UNDER CERTAIN CIRCUMSTANCES BY BECOMING "RESIDENT ASSOCIATES" WORKING PART-TIME FOR THE COUNTY IN LIMITED POSITIONS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 267 (Word version) -- Senators Giese and Lander: A BILL TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 292 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 293 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO AUTHORIZE THE OFFICE OF THE SECRETARY OF STATE TO RETAIN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR OF CORPORATION AND UNIFORM COMMERCIAL CODE FILING FEES PAID TO THAT OFFICE TO BE EXPENDED FOR COMPUTER EQUIPMENT UPGRADES, MAINTENANCE, AND SOFTWARE FOR THE CORPORATE DIVISION'S COMPUTER SYSTEM, TO ALLOW THE CARRYFORWARD OF UNEXPENDED FEES TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THIS PROVISION CONTINUES TO APPLY WITH RESPECT TO ANY SUCCESSOR AGENCY CHARGED WITH RECEIVING AND MAINTAINING THE CORPORATION AND UNIFORM COMMERCIAL CODE FILINGS REQUIRED BY LAW.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 329 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 330 (Word version) -- Senators Peeler, Gregory, Hayes and Short: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A SUBSEQUENT DELEGATION RESOLUTION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:
S. 359 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, 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 TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:
S. 360 (Word version) -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 395 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO REOPEN THE FILING PERIOD FOR THE MULTIPLE LOT DISCOUNT FOR PROPERTY TAX YEAR 1996 FOR THIRTY DAYS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 409 (Word version) -- 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 SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES," SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 3435 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:
H. 3502 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
Ordered for consideration tomorrow.
On motion of Senator SALEEBY, 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. 382 (Word version) -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 5, 1997, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1997, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The House returned the Resolution with amendments.
Senator LANDER spoke on the Resolution.
On motion of Senator LANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 403 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997, "YORK COUNTY DAY".
Returned with concurrence.
Received as information.
S. 165 (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 DECLARING THE THIRD SUNDAY IN OCTOBER OF EACH YEAR AS "VOLUNTEER FIREFIGHTERS DAY" IN SOUTH CAROLINA AND URGING APPROPRIATE OBSERVANCE OF THE DAY BY ALL SOUTH CAROLINIANS SO THAT THEY MIGHT HONOR THE GREAT CONTRIBUTION TO THE PUBLIC SAFETY RESULTING FROM THE SERVICE OF, AND SACRIFICES MADE BY, VOLUNTEER FIREFIGHTERS.
Returned with concurrence.
Received as information.
S. 529 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING JIM SANDERS OF CHEROKEE COUNTY AND PRESIDENT OF SANDERS BROS. UPON THE OCCASION OF HIS INDUCTION INTO THE CHEROKEE COUNTY CHAMBER OF COMMERCE HALL OF FAME.
Returned with concurrence.
Received as information.
S. 530 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROBERT H. LAWSON OF LOCKHART FOR HIS YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND THE TOWN OF LOCKHART, AND CONGRATULATING HIM UPON HIS RETIREMENT FROM THE STATE TRANSPORT POLICE DIVISION.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3318 (Word version) -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: A BILL TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.
H. 3176 (Word version) -- Reps. Felder and Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator GIESE proposed the following amendment (3176R002.WKG), which was adopted:
Amend the bill, as and if amended, page 1, after line 28, by inserting a new Section 1 to read:
/SECTION 1. Item (8) of Section 9A of Act 518 of 1980, as last amended by Section 2 of Act 545 of 1986, is further amended to read:
"(8) The term 'special student fee' means the athletic bond fee established by the University of South Carolina and imposed upon each person in attendance at any regular session (excluding summer sessions) of the university who is enrolled in a sufficient number of classes or courses for which credit is given toward any degree offered by the university to be classified as a regular full-time student for the purpose of assessing other student fees in order (a) to provide funds to assist in the repayment of athletic bonds authorized and (b) to provide funds for athletic facilities only."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 277 (Word version) -- Senators Leventis, Gregory, McConnell, Land, McGill, Passailaigue, Glover, Ravenel, Moore, Russell, Courson, Reese, O'Dell, Jackson, Thomas, Rose, Waldrep and Ryberg: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Senator PEELER desired to be recorded as voting against the third reading of the Bill.
S. 277 (Word version) -- Senators Leventis, Gregory, McConnell, Land, McGill, Passailaigue, Glover, Ravenel, Moore, Russell, Courson, Reese, O'Dell, Jackson, Thomas, Rose, Waldrep and Ryberg: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Having voted on the prevailing side, Senator BRYAN asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
The following Joint Resolutions having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 512 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 513 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 514 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 515 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 516 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 517 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 518 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 519 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 520 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO COLLEGE PREPARATORY PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2125, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 521 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 522 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 523 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 524 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 525 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 526 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 527 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 528 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CURRICULUM FOR GRADES 9-12 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2127, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was read the second time and ordered placed on the third reading Calendar:
S. 269 (Word version) -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
On motion of Senator SALEEBY, with unanimous consent, the Bill was taken up for immediate consideration.
Senator SALEEBY asked unanimous consent to remove the minority report on the Bill.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, S. 269 was ordered to receive a third reading on Thursday, March 13, 1997.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Agriculture and Natural Resources proposed the following amendment (S24.SAG), which was adopted:
Amend the bill, as and if amended, by adding on page 1, line 23, after "Section 47-5-50" and before the "." the following:
/(A)/
In addition, amend the bill, as and if amended, by adding a new subsection (B) and (C) to SECTION 1, Section 47-5-50 on page 1, line 36 the following:
/(B) Purchasers of a ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING."
(C) Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING."/
Amend title to conform.
Senator LEVENTIS explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LEVENTIS, with unanimous consent, S. 24 was ordered to receive a third reading on Thursday, March 13, 1997.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Agriculture and Natural Resources proposed the following amendment (275R001.PPL), which was adopted:
Amend the bill, as and if amended, by striking Section 47-3-490 in its entirety on page 2, line 39 and replacing it with a new Section 47-3-490 which shall read as follows:
/Section 47-3-490. A person who fails to comply with Section 47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or cat(s) acquired from the shelter, agency, society, or refuge which adopted the animal to the owner. In addition to forfeiting ownership, the person who acquired the animal must pay to the shelter, agency, society, or refuge the sum of $200.00 as liquidated damages. Such remedies shall be in addition to any other legal or equitable remedies as may be available to the shelter, agency, society, or refuge for breach of the written agreement as provided for in Section 47-3-480(A)(2) or failure to comply with Section 47-3-480(D)./
Amend title to conform.
Senator LEVENTIS explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
Senator BRYAN objected to consideration of the Bill.
S. 487 (Word version) -- Senators Leatherman and Giese: A JOINT RESOLUTION ESTABLISHING THE GENERAL FRANCIS MARION GRAVESITE COMMITTEE TO DETERMINE THE APPROPRIATENESS AND FEASIBILITY OF MOVING THE REMAINS OF GENERAL FRANCIS MARION, "SWAMPFOX OF THE AMERICAN REVOLUTION", AND HIS WIFE, MARY ESTHER VIDEAU MARION, FROM THE CURRENT BURIAL SITE NEAR BELLE ISLE PLANTATION IN BERKELEY COUNTY TO A SUITABLE SITE ON THE GROUNDS OF FRANCIS MARION UNIVERSITY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO AUTHORIZE THE COMMITTEE TO IMPLEMENT THE MOVE IF DETERMINED FEASIBLE AND APPROPRIATE.
Senator MESCHER asked unanimous consent to commit the Resolution.
Senator LEATHERMAN objected.
The following Bills were carried over:
S. 271 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Senator SALEEBY asked unanimous consent to remove the minority report on the Bill.
There was no objection.
On motion of Senator ALEXANDER, the Bill was carried over.
S. 278 (Word version) -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
On motion of Senator BRYAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
On motion of Senator PASSAILAIGUE, the Bill was carried over, with Senator McCONNELL retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1 (Word version) -- Senators Passailaigue and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS, SO AS TO AUTHORIZE THE ISSUANCE OF STATE LOTTERY BONDS TO BE USED FOR HIGHWAY PROJECTS AS PROVIDED FOR BY THE GENERAL ASSEMBLY; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED AS THE BASIS FOR ISSUING BONDS FOR HIGHWAY PROJECTS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.
Senator PASSAILAIGUE moved that the Joint Resolution be recalled from the Committee on Finance.
Senator DRUMMOND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Drummond Elliott Fair Giese Glover Gregory Hayes Holland Jackson Lander Leatherman Leventis Martin Matthews McGill Moore Rankin Reese Setzler Short Thomas
Cork Courson Courtney Ford Hutto McConnell Mescher Passailaigue Patterson Peeler Ravenel Rose Waldrep Washington Williams Wilson
The motion was adopted and the Senate stood adjourned.
Having received a favorable report from the Abbeville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Abbeville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Clinton J. Hall, II, 207 Elberton Street, Calhoun Falls, S.C. 29628 VICE Harold C. Dixon (resigned)
On motion of Senators HUTTO and MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Margaret Thompson, Probate Judge, of Orangeburg, S.C.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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