Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, this morning let our hope for the future be undergirded by words of Isaiah to his people, in what historians call "the doctrine of the REMNANT," Chapter 1, verse 9:
"If the Lord of hosts had not left us a few survivors,
We should have been like Sodom, and become like Gomorrah!"
Let us pray.
Our Father-God, we thank You for the inspiration of the remnant in every age that are faithful.
We read about them in the New Testament. "You are the Light of the world." "You are the salt of the earth." "You are the City set on the hill."
Even this morning, let Your faithful ones hear the words, "Let your light shine."
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 11:05 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
A quorum being present at 11:08 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 27, 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, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Jimmy Dean Crocker, 386 Bentley Town Road, Union, S.C. 29379 VICE Earl H. Hyder (resigned)
Received as information.
Senator McGILL introduced Dr. Jim Mock of Florence, S.C., Doctor of the Day.
H. 4466 (Word version) -- Reps. Sheheen and H. Brown: 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 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 make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was committed to the Committee on Judiciary.
The following were introduced:
S. 956 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO CONGRATULATE AND THANK MR. BUCK MICKEL FOR FIFTY YEARS OF LOYAL AND DEDICATED SERVICE TO THE FLUOR CORPORATION AND THE PEOPLE OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT.
The Senate Resolution was adopted.
S. 957 (Word version) -- Senators J. Verne Smith, Courson, Giese, Hayes, Hutto, Jackson, Martin, Moore, Ravenel, Ryberg and Short: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".
Introduced and referred to the Committee on Invitations.
S. 958 (Word version) -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Read the first time and referred to the Committee on Finance.
S. 959 (Word version) -- Senators Passailaigue, McConnell, Ravenel, Branton and Grooms: A BILL TO AMEND SECTION 1-23-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO ENACT THE "STEALTH TAX PREVENTION ACT", WHICH INCLUDES WITHIN THE DEFINITION OF "REGULATION" CERTAIN REVENUE RULINGS AND REVENUE PROCEDURES OF THE DEPARTMENT OF REVENUE THAT INCREASE STATE OR LOCAL REVENUE.
Senator PASSAILAIGUE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 960 (Word version) -- Senators Passailaigue, McConnell, Ravenel, Branton and Grooms: A BILL TO AMEND SECTION 12-6-3360 OF THE CODE OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO EXTEND THE BENEFITS APPLICABLE TO A LEAST DEVELOPED COUNTY TO AN ECONOMIC IMPACT ZONE AND TO MAKE THE CREDIT APPLICABLE TO ADDITIONAL FACILITIES, INCLUDING COMPUTER SOFTWARE DEVELOPMENT, MOTION PICTURE PRODUCTION, AND WATER TRANSPORTATION FACILITIES; TO AMEND SECTION 12-6-3410, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ADD FURTHER QUALIFYING CRITERIA; AND TO AMEND SECTION 12-37-220(B)(32), RELATING TO THE PROPERTY TAX EXEMPTION FOR CORPORATE HEADQUARTERS, SO AS TO ADD FURTHER QUALIFYING CRITERIA.
Read the first time and referred to the Committee on Finance.
S. 961 (Word version) -- Senators Fair, Martin and J. Verne Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.
Read the first time and referred to the Committee on Judiciary.
S. 962 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT HEALTH CARE ENTITIES, SO AS TO ADD ARTICLE 27 TO REQUIRE THAT THE ATTORNEY GENERAL REVIEW TRANSFERS OF ASSETS BY CERTAIN NONPROFIT HEALTH CARE ENTITIES TO FOR-PROFIT ENTITIES, AND TO REQUIRE THAT THE ATTORNEY GENERAL BE NOTIFIED OF TRANSFERS OF ASSETS BETWEEN CERTAIN NONPROFIT HEALTH CARE ENTITIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 963 (Word version) -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese and Short: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Read the first time and referred to the Committee on Medical Affairs.
S. 964 (Word version) -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4496 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 18, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JULY 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; AND TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998.
Senator DRUMMOND spoke on the Resolution.
On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was referred to the Committee on Judiciary.
H. 4497 (Word version) -- Reps. Felder, Altman, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Fleming, Gamble, Gourdine, Harrell, Harris, Harrison, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Klauber, Law, Leach, Limehouse, Lloyd, Mack, Maddox, Martin, McGee, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Rodgers, Sandifer, Simrill, D. Smith, Stille, Trotter, Webb, Whatley, and Woodrum: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".
Introduced and referred to the Committee on Invitations.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from BIPEC to attend a luncheon at the Adam's Mark on Tuesday, February 3, 1998, upon adjournment and lasting until 2:45 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 Carolinas AGC to attend a reception at the Koger Center on Tuesday, February 3, 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 S.C. Hospital Assn. to attend a luncheon at the Holiday Inn, Assembly St. on Wednesday, February 4, 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 S.C. Credit Union League to attend a reception at Seawell's, Fairgrounds on Wednesday, February 4, 1998, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
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 League of Women Voters and American Planning Assn., S.C. Chapter to attend a luncheon at the Summit Club on Tuesday, February 10, 1998, upon adjournment and lasting until 2:30 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 Supreme Court, S.C. Court of Appeals, Circuit Court of S.C. and Family Court to attend a barbecue at the National Guard Armory on Tuesday, February 10, 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 S.C. Assn. of Christian Schools to attend a breakfast at the Holiday Inn, Assembly St. on Wednesday, February 11, 1998, from 7:45 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 S.C. Assn. of Counties to attend a reception at Embassy Suites on Wednesday, February 11, 1998, from 6:00 until 7:30 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 Charleston Metro Chamber of Commerce to attend a reception at the Adam's Mark on Wednesday, February 11, 1998, from 8:00 until 10:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
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. 332 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
S. 772 (Word version) -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES. S. 779 (Word version) -- Senators Holland and Setzler: A BILL TO AMEND SECTION 5-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF MUNICIPAL LAWS AND ORDINANCES, SO AS TO DELETE THE REQUIREMENT THAT TRIAL BE HELD WITHIN SEVEN DAYS.
S. 864 (Word version) -- Senators Holland, Washington and Giese: A BILL TO AMEND SECTION 58-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF PUBLIC SERVICE COMMISSIONERS, SO AS TO PROVIDE THAT THE COMMISSION ELECT A VICE-CHAIRMAN INSTEAD OF A SECRETARY.
S. 866 (Word version) -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
Senator COURTNEY explained the Bill.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 835 (Word version) -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
Senator PEELER explained the Bill.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (3590R002.CBH), which was adopted:
Amend the bill, as and if amended, page 1, line 29, by adding the following:
/This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the landowner and/or leaseholder of the property./
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 388 (Word version) -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210 OF THE 1976 CODE, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (388R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 28, after the word / Moultrie / by adding the following:
/, the Santee Cooper River and its tributaries to the legal demarcation line,/
Amend the bill further, as and if amended, page 1, line 29, after the word / Santee / by adding the following:
/Cooper/.
Amend the bill further, as and if amended, page 1, line 41, after the words / Moultrie / by adding the following:
/, the Santee Cooper River and its tributaries to the legal demarcation line,/
Amend the bill further, as and if amended, page 1, line 41, after the word / Santee / by adding the following:
/Cooper/.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The following Bill was carried over:
S. 911 (Word version) -- Senators McConnell, Saleeby and Moore: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE STATEMENTS OF PROPOSED TESTIMONY TO THE JUDICIAL MERIT SELECTION COMMISSION BE FURNISHED AT LEAST FORTY-EIGHT HOURS BEFORE THE DATE AND TIME SET FOR THE BEGINNING OF THE PUBLIC HEARINGS.
Senator McCONNELL explained the Bill.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RANKIN proposed the following amendment (3161R001.LAR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. (A) In order to facilitate the Department of Public Safety in establishing and assigning sufficient manpower to allow the Department of Public Safety to provide the services mandated by Chapter 1 and Chapter 3 of Title 56, the Department of Transportation shall identify and transfer to the general fund $1,700,000 on or before February 16, 1998, for the use of the Department of Public Safety.
SECTION 2. (A) There is appropriated the following:
Department of Public Safety
Motor Vehicle Division
Personal Services, Employer Contributions
and Operating Expenses $1,700,000
(B) Upon the request of the Department of Public Safety, the Budget and Control Board must establish or transfer to the department such full-time equivalency positions for the division as may be requested by the Department of Public Safety, but not to exceed one hundred twenty full-time positions.
SECTION 3. The General Assembly shall provide for the repayment of funds transferred to the Department of Public Safety from the Department of Transportation in the 1998-99 General Appropriation Act. The amount to be repaid to the Department of Transportation shall include any outstanding amounts committed to be paid by the Department of Public Safety prior to September 1, 1995; however, no future payments shall be made by the Department of Public Safety to the Department of Transportation unless provided for by an act of the General Assembly.
SECTION 4. This act takes effect upon approval by the Governor./
Amend the bill further, as and if amended, by striking the title in its entirety and inserting the following:
/TO INCREASE THE AVAILABILITY OF FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY SO AS TO FULFILL THE REQUIREMENTS OF CHAPTERS 1 AND 3 OF TITLE 56 BY TRANSFERRING ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF TRANSPORTATION TO THE GENERAL FUND FOR THE PURPOSES OF APPROPRIATING FUNDS FOR THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SO THAT THE DIVISION MAY HAVE THE FINANCIAL RESOURCES TO INCREASE STAFFING LEVELS CUT BY PREVIOUS BUDGET REDUCTIONS, TO ENABLE THE DIVISION TO HAVE NECESSARY FUNDING TO PROVIDE TAXPAYERS AND CITIZENS OF SOUTH CAROLINA WITH EFFICIENT AND TIMELY CUSTOMER SERVICE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR FUNDS TRANSFERRED TO THE GENERAL FUND ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY IN THE 1998-99 GENERAL APPROPRIATION ACT./
Senator RANKIN explained the amendment.
The amendment was adopted.
On motion of Senator McCONNELL, the Bill was carried over.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3786.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 26, in Section 23-31-240, as contained in SECTION 1, by striking lines 26 through 29 and inserting therein the following:
/"Section 23-31-240. Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:/
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Union County Delegation, the following was confirmed in open session:
Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Jimmy Dean Crocker, 386 Bentley Town Road, Union, S.C. 29379 VICE Earl H. Hyder (resigned)
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Harriet Bartell Ryan of Sumter, S.C.
At 12:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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