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:
Beloved, in remembrance of the birthday of Robert E. Lee, January 19, 1807, hear the words of the first Psalm (vv.1-2):
"Blessed is the man... whose
Delight is in the law of the Lord,
And on His law he meditates day and night."
Let us pray.
Almighty God, before Whose face nations rise and fall; and generations are born, serve... and die:
We give thanks for the life, the labors and memory of the stalwart souls like Robert E. Lee.
They served their day and generation like "suncrowned" folk.
Inspire us so to live in our day:
"That we may tell our sons who see
The light high in the heavens,
Their heritage to take;
I saw the powers of darkness put to flight,
I saw the morning break."
In our day of many cultures, and many races, and many philosophies, help us find the formula for living together in peace... even, perhaps, one family under God, our Father.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
November 13, 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, State Agency of Vocational Rehabilitation, with term to commence March 15, 1998, and to expire March 15, 2005:
5th Congressional District:
Mr. Derle A. Lowder, Sr., Post Office Box 6098, Sumter, S.C. 29151
Referred to the Committee on Medical Affairs.
November 20, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1998, and to expire May 31, 2001:
Real Estate:
Mr. Dan M. Salle', 1212 Haywood Road, Greenville, S.C. 29615
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1998, and to expire June 30, 2002:
Area 6:
Mr. Richard M. Denny, 805 Bethune Road, Bishopville, S.C. 29010-4484
Referred to the Committee on Medical Affairs.
Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1998, and to expire June 30, 2000:
Dryclean. Ind:
Mr. R.E. Robinson, III, Ed Robinson Laundry & Cleaners, Inc., 2551 Forest Drive, Columbia, S.C. 29204
Referred to the Committee on Medical Affairs.
Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Farm:
Ms. Betty J. DeWitt, 4633 Hoffmeyer Road, Darlington, S.C. 29532
Referred to the Committee on Transportation.
November 21, 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, State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
5th Congressional District:
Mr. Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153
Referred to the Committee on Judiciary.
November 24, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1997, and to expire August 15, 2001:
At-Large:
Mr. James J. Kerr, 2745 Canter Lane, Johns Island, S. C. 29455
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
At-Large:
Mr. Clarence Davis, Post Office Box 11070, Columbia, S.C. 29211
Referred to the Committee on Labor, Commerce and Industry.
June 27, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Aiken County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, with service to commence June 30, 1997:
Honorable Charles Terry Carter, Post Office Box 92, Graniteville, S.C. 29829 VICE Julian Myer Williams (retired)
Initial Appointment, Orangeburg County Probate Judge, with term to expire January 5, 1999:
Honorable Vivian E. Ross-Bennett, 4262 Columbia Road, Orangeburg, S.C. 29118 VICE Margaret K. Thompson (deceased) Note: Original confirmation date June 17, 1997
January 14, 1998
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, Newberry County Probate Judge, with term to commence January 1995, and to expire when a successor is elected and qualified:
Honorable Kelly Baker Nobles, 2422 Wilson Road, Newberry, S.C. 29108 VICE Elizabeth R. Griffith (resigned)
January 13, 1998
The Honorable John W. Drummond
President Pro Tempore
111 Gressette Building
Columbia, South Carolina 29202
Dear Senator Drummond:
During the 1997 Session, the General Assembly adopted H. 3744, a Concurrent Resolution that established a study committee to review the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues and propose a comprehensive approach to this problem. The committee was chaired jointly by Senator Linda H. Short and Representative W. Jeffrey Young. A membership list for this Study Committee on Drug Impaired Infants is attached.
The committee's first meeting was October 8, 1997. After introductions and opening remarks, Louise Haynes, Director of Morris Village, a residential treatment facility for women with substance abuse problems, addressed the committee. She gave an overview of "Alcohol and Other Drug Abuse During Pregnancy" which included background information, current research and residential and out-patient treatment programs in South Carolina and other interagency efforts to treat substance abusing pregnant women. The committee then discussed issues raised in the presentation and other perspectives offered by the members.
On October 22, 1997, the committee held its second meeting. Ms. Catherine Christophillis from the Attorney General's Office presented a draft protocol regarding the prosecution of cases where a child is born with a Title 44 schedule controlled substance in its system. This proposal offers an amnesty approach and creates a multi-level treatment plan for mothers of such children. After the committee discussed the elements of the protocol, Senator Short established a subcommittee to review the draft protocol and make recommendations on its language and contents to the full committee. The subcommittee was composed of the following members: Catherine Christophillis (Attorney General's Office), Mason Hardy (SC Hospital Association), Hervery Young (SC Public Defenders' Association), Barbara Morgan/William Bilton (Solicitors Association), Cheryl Bullard/Brenda Creswell (DHEC), Liz Shifflette (DAODAS), Wilbert Lewis (DSS), Sue Berkowitz (SC Legal Services), Dr. Nelson Weston (SC Medical Association), and Dr. John Dacus (SC Chapter of ACOG).
The subcommittee met on November 10, 1997, to review the Attorney General's draft protocol and discuss proposed technical revisions. The subcommittee's proposed revisions were reviewed by the full committee on December 16, 1997. At that meeting the full committee also began discussion of a proposed resolution regarding the findings of the committee.
The Study Committee on Drug Impaired Infants held its last meeting on January 7, 1998, to finalize its proposed committee resolution. H. 3744 specified that this committee shall submit its report to the General Assembly no later than the beginning of the 1998 Legislative Session at which time the committee is dissolved. Attached please find the resolution unanimously adopted by the Study Committee on Drug Impaired Infants which serves as its report to the legislature. While the committee did not formally adopt the Attorney General's protocol, the committee did find that there was a need for a statewide protocol emphasizing treatment, approved and adopted by each of the state's sixteen circuit solicitors.
Respectfully submitted,
/s/Linda H. Short, Senator
/s/W. Jeffrey Young, Representative
Representative Jeff Young, Co-Chair
Senator Linda Short, Co-Chair
Representative Tracy Edge
Senator Darrell Jackson
Hon. Charles Condon
Attorney General of South Carolina
Ms. Catherine Christophillis
Assistant Deputy Attorney General
Ms. Barbara R. Morgan
Second Judicial Circuit Solicitor
President, SC Solicitor's Association
S. Nelson Weston, M.D.
President, South Carolina Medical Association
Mr. Mason Hardy
SC Hospital Association
Mr. Marion Baker
President, SC Law Enforcement Officers Association
Ms. Cheryl Bullard
SC Dept. of Health & Environmental Control
Ms. Beverly G. Hamilton
Director, SC Dept. of Alcohol & Other Drug Abuse Services
Mr. James T. Clark
Director, SC Department of Social Services
Lt. Patsy Habben
SC Law Enforcement Division
Ms. Sue Berkowitz
Director, SC Legal Services Association
Dr. John Dacus
SC Chapter of the American College of Obstetrics and Gynecology
Mr. Hervery Young
SC Public Defenders Association
Whereas, this committee was established by the General Assembly for the purpose of studying the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues; and
Whereas, the committee was charged with proposing a comprehensive approach to this problem; and
Whereas, this committee is comprised of persons engaged in a variety of professions which in some way require the persons to be directly involved in the provision of services to mothers and children affected by this problem; and
Whereas, the professions represented on the committee include legislators, physicians and other health professionals, substance abuse treatment professionals, child protective service professionals, law enforcement officers, and both prosecuting and defense attorneys; and
Whereas, the best interests of children are the paramount concern when the State becomes involved in matters regarding children; and
Whereas, illegal drug abuse is one of a number of risk factors which interfere with the births of healthy children; and
Whereas, it is appropriate to identify the best available solutions to minimizing the interference with the births of healthy children caused by the presence of one or more risk factors; and
Whereas, traditionally these determinations have been made by the medical profession and appropriate prenatal treatment has been provided in that context; and
Whereas, some risk factors, including substance abuse, have implications beyond the scope of services provided by medical professionals and require appropriate state action; and
Whereas, it is the consensus of the committee that current state laws provide the framework for intervention by the State; therefore, a statewide protocol emphasizing treatment, approved and adopted by each of the state's sixteen circuit solicitors, will insure that the laws of the State will be evenly and properly applied throughout the State; and
Whereas the consensus of the professionals on this committee who have had direct contact with the affected mothers and children is that treatment of the addicted mothers is the most effective way in which the State can ensure that appropriate prenatal treatment is sought; however, if treatment is declined by the addicted mother, or the mother refuses to adhere to guidelines that will promote the well being of her child, then other state action may be undertaken to insure the best interest of the child. Now, therefore,
Be it resolved by the Study Committee on Drug Impaired Infants:
That the committee finds that the comprehensive approach to addressing the problems is best effectuated by providing treatment services to ensure that addicted mothers will no longer be addicted, by providing transitional services which promote the development of the bond between mother and child, and by providing sufficient funding to ensure that treatment and transitional services are available statewide. The committee further finds that the best interest of the child is paramount and state intervention within the confines of the law may be necessary to protect the best interest of the child.
Senator SHORT spoke on the report. On motion of Senator SHORT, with unanimous consent, ordered printed in the Journal.
Senator PATTERSON introduced Dr. Gerald A. Wilson of Columbia, S.C., Doctor of the Day.
On motion of Senator McGILL, at 12:00 Noon, Senator RANKIN was granted a leave of absence for today.
Senator PATTERSON rose to an Expression of Personal Interest.
Senator MOORE was recognized to address the Senate and made a brief report on behalf of the subcommittee.
H. 4391 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Senator COURSON asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Invitations.
Senator COURSON spoke on the motion.
Senator DRUMMOND spoke on the motion.
Senator PATTERSON spoke on the motion.
There was no objection and the Concurrent Resolution was recalled from the Committee on Invitations.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and ordered returned to the House.
H. 3161 (Word version) -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3336 (Word version) -- Reps. Lanford, Hawkins, Davenport, Littlejohn, Allison and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE HIGHWAY 85 IN SPARTANBURG COUNTY FROM MILE POINT 68.8 TO MILE POINT 77.4 THE "JOE GRIFFIN EXPRESSWAY".
Senator LAND asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar.
Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar.
The following were introduced:
S. 929 (Word version) -- Senators Ryberg, Wilson and Giese: A SENATE RESOLUTION PROVIDING FOR THE REIMBURSEMENT OF LEGAL FEES INCURRED BY STATE EMPLOYEES RESPONDING TO SUBPOENAS ISSUED BY THE SENATE FINANCE COMMITTEE IN CONNECTION WITH THE CAPITAL GAINS INVESTIGATION AND TO PROVIDE THAT THIS REIMBURSEMENT IS PAID FROM APPROVED ACCOUNTS OF THE SENATE.
Senator RYBERG spoke on the Resolution.
Senator RYBERG asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.
Senator McCONNELL objected.
Read the first time and referred to the Committee on Finance.
S. 930 (Word version) -- Senators Washington, Ford, Grooms, McConnell, Ravenel, Passailaigue, Branton and Mescher: A BILL TO AMEND SECTION 59-71-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BONDS, SO AS TO PROVIDE REVENUE RAISED AS A RESULT OF THE PASSAGE OF A BOND REFERENDUM WHICH IDENTIFIES A PARTICULAR PROJECT OR PROJECTS MAY ONLY BE UTILIZED FOR THE PURPOSE OF FUNDING THE PROJECT OR PROJECTS IDENTIFIED AT THE TIME OF CONSIDERATION OF THE ISSUE BY THE VOTERS.
Read the first time and referred to the Committee on Education.
S. 931 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 59-71-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BONDS, SO AS TO PROVIDE REVENUE RAISED AS A RESULT OF THE PASSAGE OF A BOND REFERENDUM WHICH IDENTIFIES A PARTICULAR PROJECT OR PROJECTS MAY ONLY BE UTILIZED FOR THE PURPOSE OF FUNDING THE PROJECT OR PROJECTS IDENTIFIED AT THE TIME OF CONSIDERATION OF THE ISSUE BY THE VOTERS.
Read the first time and referred to the Committee on Education.
S. 932 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS AND PENALTIES, SO AS TO MAKE THE PROHIBITIONS AND PENALTIES OF THE SECTION APPLICABLE ONLY TO WHITE-TAILED DEER, INCREASE THOSE PENALTIES, AND ALLOW THE RAISING AND SELLING OF FALLOW DEER AND RED DEER.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 933 (Word version) -- Senator Land: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE EXPECTANCY TABLES SO AS TO ADJUST THE EXPECTATIONS AND DELETE THE DISTINCTION BETWEEN LIFE EXPECTANCIES FOR MALES AND FEMALES.
Read the first time and referred to the Committee on Judiciary.
S. 934 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-43 SO AS TO PROVIDE THAT NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE HAS FILED A STATEMENT OF INTENTION TO SEEK THE OFFICE AS A WRITE-IN CANDIDATE TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND PROVIDE FOR APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 935 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
S. 936 (Word version) -- Senators J. Verne Smith and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125, SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 937 (Word version) -- Senator Grooms: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 938 (Word version) -- Senators McConnell, Ravenel, Branton, Washington, Grooms, Ford, Passailaigue and Mescher: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.
Read the first time and referred to the Committee on Transportation.
S. 939 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-45 SO AS TO PROVIDE THAT AN EMPLOYER, BEFORE OR AFTER HIRING AN EMPLOYEE, MAY REQUIRE THE EMPLOYEE OR PROSPECTIVE EMPLOYEE TO FURNISH THE EMPLOYER WITH A COPY OF HIS CRIMINAL HISTORY RECORD INFORMATION MAINTAINED BY SLED OR BY THE FBI, TO THE EXTENT ALLOWED BY FEDERAL LAW, OR BOTH.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
On motion of Senator JACKSON, with unanimous consent, the Bill, S. 939, was recalled from the Committee on Labor, Commerce and Industry.
On motion of Senator JACKSON, with unanimous consent, the Bill was referred to the Committee on Judiciary.
H. 4430 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. AUDREY F. MCKINNEY OF COLUMBIA, MOTHER OF CHARLES T. "CHUCK" MCKINNEY, DIRECTOR OF LEGISLATIVE INFORMATION SYSTEMS, UPON HER DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4431 (Word version) -- Reps. Kennedy, Harvin, T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LASHAY TANE WILLIAMS OF WILLIAMSBURG COUNTY WHO DIED SATURDAY, NOVEMBER 29, 1997, AT THE AGE OF SEVENTEEN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4432 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM KING "B. K." BRYAN OF GREENVILLE, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, FOR HIS WORK IN BUILDING GENERAL WHOLESALE DISTRIBUTORS OF GREENVILLE INTO ONE OF THIS STATE'S FINEST AND MOST SUCCESSFUL COMPANIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4441 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. LOVATOR MCCOLLOM YOUNG OF RICHLAND COUNTY UPON HER DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4444 (Word version) -- Reps. Scott, Byrd, J. Brown, Cotty, Cromer, Harrison, Howard, McMaster, Neal, Quinn, J. Smith, McLeod, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WALTER JONES OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING PUBLIC SERVICE AND WISHING HIM MUCH HAPPINESS UPON HIS RETIREMENT AS CHIEF MAGISTRATE FOR THE CITY OF COLUMBIA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina Farm Bureau Federation to attend a banquet in the Moore Building, Fairgrounds on Tuesday, January 27, 1998, from 6:00 until 7:15 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
South Carolina Association of Council on Aging Directors to attend a breakfast at the Clarion on Wednesday, January 28, 1998, from 8:00 until 8:45 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina School for the Deaf and Blind to attend a luncheon in Room 221 Blatt Bldg. on Wednesday, January 28, 1998, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina Education Association to attend a reception at the South Carolina State Museum on Wednesday, January 28, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina Broadcasters Association to attend a breakfast in Room 208 Blatt Bldg. on Thursday, January 29, 1998, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Columbia, S.C., January 20, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4189 (Word version) -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 925 (Word version) -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator CORK)
S. 22 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Senator COURTNEY explained the Bill.
S. 396 (Word version) -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
S. 443 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 832 (Word version) -- Senators Holland and Giese: A BILL TO ABOLISH THE KERSHAW COUNTY BOARD OF VOTER REGISTRATION AND KERSHAW COUNTY ELECTION COMMISSION, AND TO CREATE THE KERSHAW COUNTY BOARD OF ELECTIONS AND REGISTRATION.
On motion of Senator HOLLAND, S. 832 was ordered to receive a third reading on Wednesday, January 21, 1998.
S. 861 (Word version) -- Senator Drummond: A BILL TO AMEND ACT NO. 1147 OF 1968, AS LAST AMENDED BY ACT NO. 269 OF 1973, RELATING TO THE GREENWOOD COUNTY VOCATIONAL FACILITY, SO AS TO RENAME THE FACILITY THE GREENWOOD COUNTY CAREER CENTER.
On motion of Senator DRUMMOND, S. 861 was ordered to receive a third reading on Wednesday, January 21, 1998. S. 873 (Word version) -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.
On motion of Senator DRUMMOND, S. 873 was ordered to receive a third reading on Wednesday, January 21, 1998.
S. 848 (Word version) -- Senators Passailaigue, Reese, Alexander, Wilson, Mescher, Washington, Branton and Russell: A BILL TO AMEND SECTION
12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Senator PASSAILAIGUE explained the Bill.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 848 was ordered to receive a third reading on Wednesday, January 21, 1998.
S. 928 (Word version) -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES. The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator McCONNELL, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows and ordered to receive a second reading:
S. 928 (Word version) -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:
"(D) For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator LANDER, S. 928 was ordered to receive a third reading on Wednesday, January 21, 1998.
On motion of Senators McCONNELL, PASSAILAIGUE, FORD, RAVENEL, BRANTON, WASHINGTON, MESCHER, GROOMS and THOMAS, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable John D. Bradley, III of Charleston, S.C., former member of the House of Representatives.
Having received a favorable report from the Newberry County Delegation, on motion of Senator LANDER, the following appointment was confirmed in open session:
Initial Appointment, Newberry County Probate Judge, with term to commence January 1995, and to expire when a successor is elected and qualified:
Honorable Kelly Baker Nobles, 2422 Wilson Road, Newberry, S.C. 29108 VICE Elizabeth R. Griffith (resigned)
Having received a favorable report from the Aiken County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Aiken County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, with service to commence June 30, 1997:
Honorable Charles Terry Carter, Post Office Box 92, Graniteville, S.C. 29829 VICE Julian Myer Williams (retired)
Having received a favorable report from the Orangeburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Orangeburg County Probate Judge, with term to expire January 5, 1999:
Honorable Vivian E. Ross-Bennett, 4262 Columbia Road, Orangeburg, S.C. 29118 VICE Margaret K. Thompson (deceased) Note: Original confirmation date June 17, 1997
At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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