Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a portion of St. Luke's story of the Good Samaritan in the paraphrase, "The Living Bible," Chapter 11:35-37:
"The next day he handed the Innkeeper two twenty dollar bills
and told him to take care of the man. 'If his bill runs higher than
that,' he said, 'I'll pay the difference the next time I am here.' Now
which of these three would you say was a neighbor to the bandit's
victim? The man replied, 'The one that showed him some pity.'
Then Jesus said, 'Yes, now go and do the same'."
Let us pray.
Father, You are also the God of our streets and villages, the cities and the slums. People in the money tell us that times are good, but we know that many are hurting... homeless, living on the streets and under bridges, sick without health services... in need of a friend! The "church-people" in the story were so full of their own "busyness" that they really had no zeal for the man who really needed a friend.
Help us, as we seek to serve here, to hear not only the beckoning of those who came here asking for help, but also those who cry, alone, and have no one to plead their needs... even the poorest of the poor!
Amen.
At 11:05 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes
Holland Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator PASSAILAIGUE recorded his presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator J. VERNE SMITH introduced Dr. Harold E. Shaw of Greenville, S.C., Doctor of the Day.
At 11:15 A.M., pursuant to a requirement to appear in court, Senator SETZLER requested a leave of absence beginning at 11:40 A.M. and lasting until 1:45 P.M.
Senator RAVENEL rose for an Expression of Personal Interest.
Senator MESCHER rose for an Expression of Personal Interest.
Senator BRANTON rose for an Expression of Personal Interest.
At 11:20 A.M., Senator PEELER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts prior to adjournment.
There was no objection and a message was sent to the House accordingly.
H. 4747 (Word version) -- Reps. Battle and G. Brown: A CONCURRENT RESOLUTION SALUTING THE LATE D. TRAVIS (DOC) TAYLOR OF BRITTONS NECK, MARION COUNTY, AND ALL OF THE TAYLOR FAMILY AND DESCENDANTS, ON THE OCCASION OF THE NAMING OF STATE ROAD 34-86 IN MARION COUNTY AS THE "D. TRAVIS (DOC) TAYLOR ROAD" IN RECOGNITION OF MR. TAYLOR'S NUMEROUS CONTRIBUTIONS TO HIS COMMUNITY.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 1250 (Word version) -- Senators Grooms, Matthews and Washington: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-708 SO AS TO DESIGNATE THE SOUTH CAROLINA ARTISANS CENTER IN WALTERBORO AS THE OFFICIAL STATE FOLK ART AND CRAFTS CENTER.
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Read the first time and referred to the Committee on Judiciary.
S. 1251 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY CIGARS, ROLLING PAPER, OR FACSIMILE PRODUCTS
Read the first time and referred to the Committee on Judiciary.
S. 1252 (Word version) -- Invitations Committee: A SENATE RESOLUTION INVITING THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR. TO ADDRESS THE SENATE ON THURSDAY, MARCH 23, 2000, IN THE SENATE CHAMBER.
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The Senate Resolution was adopted.
S. 1253 (Word version) -- Invitations Committee: A SENATE RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, AND THE HONORABLE EUGENE N. ZEIGLER TO ADDRESS THE SENATE AT 11:30 A.M. ON WEDNESDAY, APRIL 19, 2000, IN THE SENATE CHAMBER.
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The Senate Resolution was read the first time and ordered placed on the Calendar without reference.
S. 1254 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARE MARCH 28, 2000, "YORK COUNTY DAY".
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1255 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION HONORING THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS SECOND CONSECUTIVE BIG SOUTH CONFERENCE TOURNAMENT CHAMPIONSHIP.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1256 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE LEGENDARY BASKETBALL COACH NELSON C. BROWNLEE AS HE LEADS THE CLAFLIN UNIVERSITY PANTHERETTES INTO COMPETITION IN YET ANOTHER NAIA TOURNAMENT.
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The Senate Resolution was adopted.
S. 1257 (Word version) -- Senators Thomas, Anderson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS TO CREATE THE HERITAGE PARK ON THE STATE HOUSE GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO A SITE ON THE STATE HOUSE GROUNDS UNTIL THE DEDICATION OF THE PARK, TO RETURN THE FLAG TO THE STATE HOUSE DOME IF THE PARK IS NOT COMPLETED WITHIN TWO YEARS OF THIS ACT'S EFFECTIVE DATE AND TO PERMANENTLY REMOVE THE FLAG FROM THE DOME UPON THE COMPLETION AND DEDICATION OF THE PARK, AT WHICH TIME THE FLAG MUST BE PLACED AT A SITE IN THE PARK DESIGNATED BY THE PARK COMMISSION, AND UPON THE DEDICATION TO ALSO REMOVE THE CONFEDERATE NAVAL JACK FLAG FROM THE HOUSE AND SENATE CHAMBERS; TO CREATE THE HERITAGE PARK COMMISSION AND PROVIDE FOR ITS MEMBERS AND DUTIES, TO PROVIDE FOR VARIOUS COMPONENTS OF THE PARK INCLUDING DISPLAYS OF OTHER HISTORICAL FLAGS, REPRESENTATIONS OF HISTORICAL EVENTS, A MEMORIAL WALL INCLUDING NAMES OF ALL SOUTH CAROLINIANS WHO DIED IN THE WAR BETWEEN THE STATES (THE CIVIL WAR), AND EXHIBITS OF EVENTS AND DEVELOPMENTS DURING AND AFTER THE WAR; BY ADDING SECTION 10-1-240 SO AS TO PROVIDE THAT A TWO-THIRDS VOTE IN THE HOUSE AND IN THE SENATE IS REQUIRED TO REMOVE OR RENAME A MONUMENT, MARKER, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS POLITICAL SUBDIVISIONS OR ANY STREET OR PARK HONORING THE CONFEDERACY OR INDIVIDUALS WHO SERVED IN THE CONFEDERACY OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE; AND BY ADDING
Read the first time and referred to the Committee on Judiciary.
S. 1258 (Word version) -- Senators Wilson and Moore: A SENATE RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SENATE TO CHESTER E. SANSBURY FOR HIS YEARS OF DEDICATED SERVICE, PERSONAL SACRIFICE, AND SPECIAL ROLE HE HAS PLAYED ON BEHALF OF THE ENVIRONMENT AND IN THE LIVES OF ALL SOUTH CAROLINIANS, UPON HIS RETIREMENT FROM SERVICE WITH THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO WISH HIM A RETIREMENT THAT IS EQUALLY REWARDING AND BENEFICIAL TO HIM AND THE CITIZENS OF THE STATE.
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The Senate Resolution was adopted.
H. 4789 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", DANIELLE DAVIS OF GREER, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 1054 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132, SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 1240 (Word version) -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Ordered for consideration tomorrow.
The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4487 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR AND AMUSEMENT RIDE SAFETY, RELATING TO NEW AND EXISTING FACILITIES, PLATFORM AND STAIRWAY CHAIR LIFTS, SUMP PUMPS OR DRAINS IN ELEVATOR PITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2464, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LEVENTIS spoke on the Resolution.
H. 4614 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO LICENSING PROVISIONS FOR EMBALMERS, FEES, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2489, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4017 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JUD3056.004), which was adopted:
Amend the committee amendment, as and if amended, page [3056-7], beginning on line 1, by striking SECTION 9 in its entirety and inserting therein the following:
/ SECTION 9. Section 22-1-15(B), as last amended by an unnumbered act of 2000, bearing Ratification No. 225, is further amended to read:
"(B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2000 2001, during his tenure in office."
SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD3056.003), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety, and inserting therein the following:
TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 467 of 1996, is further amended to read:
"Section 14-7-130. In September of 1996 and every third each year thereafter in this same month, the Department of Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. The computer tape also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year, and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of 1996 and every third each year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to Before furnishing the list, the commission shall must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission in implementing this section must be borne by these agencies.
In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report.
SECTION 2. Section 14-7-250, as last amended by Act 233 of 1996, is further amended to read:
"Section 14-7-250. The names of those who are drawn and actually serve as jurors attend a session of court as a member of a jury pool must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person is required to serve as a juror more than once in three calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year.
Nothing contained in this article prohibits a person whose name has been properly drawn and who desires to serve as a juror from serving more frequently than once every three calendar years, except that no person shall serve as a juror more than once every calendar year as provided in Section 14-7-850."
SECTION 3. Section 14-7-850, as last amended by Act 233 of 1996, is further amended to read:
"Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once every three calendar years and no person shall serve as a juror more than once every calendar year, but he is not exempt unless he actually attends and serves as a juror in pursuance of such draft, nor is he exempt from serving on a jury in any other court in consequence of his having served before a magistrate."
SECTION 4. Section 14-25-165(a) and (b) of the 1976 Code are amended to read:
"(a)(1) The drawing and composing of juries for single trials or terms of court shall must be conducted, mutatis mutandi, according to the statutes relating to the drawing and composing of juries in magistrates' magistrates courts, except as otherwise specifically provided by this chapter.
(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the list of names so drawn shall must be delivered to each party or to the attorney for each party.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the
(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a) above, in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
(2) Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.
(4) Immediately after such the jurors are drawn, the judge shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the chief of police, or may be served by regular mail by the clerk of court."
SECTION 5. Section 22-2-80 of the 1976 Code is amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrate's court in which a jury is required, a jury list shall must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the this list of names so drawn shall must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party."
SECTION 6. Section 22-2-90 of the 1976 Code is amended to read:
"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in those a magistrate's courts court which schedule schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw forty jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after such the jurors are drawn, the magistrate shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the magistrate's constable or the sheriff of the county concerned."
SECTION 7. Section 22-2-130 of the 1976 Code is amended to read:
"Section 22-2-130. If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he shall must pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes is a contempt of court and may be punished accordingly. No A person shall not serve on a jury in a magistrate's court more than once in a three-month period every calendar year."
SECTION 8. Section 34-11-90(a)(4), as last amended by an unnumbered act of 2000, bearing Ratification No. 225, is further amended to read:
"(4) for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less than five hundred dollars or by imprisonment for not less than thirty days, or both."
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
S. 477 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE PRESSURE EQUIPMENT SAFETY ACT OF 1999, TO PROVIDE THAT ALL BOILER AND PRESSURE VESSELS INSTALLED IN THIS STATE BE DESIGNED AND MANUFACTURED AND SEALED OR STAMPED UNDER A NATIONAL CODE AND REGISTERED WITH THE STATE FIRE MARSHAL ON REGISTRATION FORMS PROVIDED AND APPROVED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND PROVIDE A PENALTY FOR FAILURE TO REGISTER A BOILER OR PRESSURE VESSEL OR INSTALL ONE NOT IN COMPLIANCE WITH THIS CHAPTER.
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE
S. 571 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-55, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
S. 952 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL.
S. 1035 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER, EXTERIOR INSULATION FINISH SYSTEMS, OR OTHER EXTERIOR CLADDING UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR AND TO REQUIRE BUILDING INSPECTORS TO CONDUCT CERTAIN FLASHING INSPECTIONS BEFORE SUCH EXTERIOR CLADDING IS INSTALLED OR REPAIRED; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO
S. 1236 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO EXAMINATION REQUIREMENTS, CLASSIFICATIONS, MECHANICAL CONTRACTORS LICENSURE REQUIREMENTS, OWNER-PREPARED FINANCIAL STATEMENT, GENERAL CONTRACTORS-HIGHWAY CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2488, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator HOLLAND proposed the following amendment (JUD1160.001), which was adopted:
Amend the joint resolution, as and if amended, page 2, beginning on line 39, as contained in SECTION 1(A), by striking /ways to reduce the number of pending cases on the criminal court docket and shorten the prosecution process;/.
Amend the joint resolution further, as and if amended, page 3, line 4, as contained in SECTION 1(A), by striking /expansion of the drug courts,/.
Amend title to conform.
The amendment was adopted.
Senators HOLLAND and SMITH proposed the following amendment (JUD1160.002), which was adopted:
Amend the joint resolution, as and if amended, page 3, line 7, as contained in SECTION 1(B), by striking /eighteen/ and inserting / nineteen /.
Amend the joint resolution further, as and if amended, page 3, beginning on line 35, as contained in SECTION 1(B)(17) and (18), by striking lines 35 and 36 in their entirety and inserting therein the following:
/ (17) a county council member;
(18) a sheriff who runs a jail; and
(19) a representative from the State Office of Victim's Assistance./
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator THOMAS spoke on the Joint Resolution.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1208 (Word version) -- Senators O'Dell, J. Verne Smith, Land, Bryan, Patterson, Matthews, Waldrep, Anderson, Mescher, McConnell, Leventis, Peeler, Thomas, Drummond, Reese, Giese, Short, Branton, Hutto, Wilson, McGill, Elliott, Passailaigue, Ravenel, Martin, Richardson, Saleeby, Washington, Alexander, Moore, Setzler, Glover, Hayes and Bauer: A
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
S. 1249 (Word version) -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVIILE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.
On motion of Senator J. VERNE SMITH, S. 1249 was ordered to receive a third reading on Friday, March 17, 2000.
S. 1248 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 22-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENTS OF A TWO-YEAR ASSOCIATE DEGREE AND FOUR-YEAR BACCALAUREATE DEGREE DO NOT APPLY TO A MAGISTRATE SERVING ON THE EFFECTIVE DATE OF THE REVISED REQUIREMENTS DURING THE MAGISTRATE'S TENURE IN OFFICE.
Senator BRYAN asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE
(On motion of Senator LEVENTIS, with unanimous consent)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1124 (Word version) -- Senators Thomas, Anderson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS TO CREATE THE HERITAGE PARK ON THE STATE HOUSE GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO A SITE ON THE STATE HOUSE GROUNDS UNTIL THE DEDICATION OF THE PARK, TO RETURN THE FLAG TO THE STATE HOUSE DOME IF THE PARK IS NOT COMPLETED WITHIN TWO YEARS OF THIS ACT'S EFFECTIVE DATE AND TO PERMANENTLY REMOVE THE FLAG FROM THE DOME UPON THE COMPLETION AND DEDICATION OF THE PARK, AT WHICH TIME THE FLAG MUST BE PLACED AT A SITE IN THE PARK DESIGNATED BY THE PARK COMMISSION, AND UPON THE DEDICATION TO ALSO REMOVE THE CONFEDERATE NAVAL JACK FLAG FROM THE HOUSE AND SENATE CHAMBERS; TO CREATE THE HERITAGE PARK COMMISSION AND PROVIDE FOR ITS MEMBERS AND DUTIES, TO PROVIDE FOR VARIOUS COMPONENTS OF THE PARK INCLUDING DISPLAYS OF OTHER HISTORICAL FLAGS, REPRESENTATIONS OF HISTORICAL EVENTS, A MEMORIAL WALL INCLUDING NAMES OF ALL SOUTH CAROLINIANS WHO DIED IN THE WAR BETWEEN THE STATES (THE CIVIL WAR), AND EXHIBITS OF EVENTS AND DEVELOPMENTS DURING AND AFTER THE WAR; BY ADDING SECTION 10-1-240 SO AS TO PROVIDE THAT A TWO-THIRDS VOTE IN THE HOUSE AND IN THE SENATE IS REQUIRED TO REMOVE OR RENAME A MONUMENT, MARKER, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS POLITICAL SUBDIVISIONS OR ANY STREET OR PARK HONORING THE CONFEDERACY OR INDIVIDUALS WHO SERVED IN THE CONFEDERACY OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS
Senator DRUMMOND moved that the Bill be recalled from the Committee on Finance.
Senator McCONNELL was recognized to speak on the motion.
On motion of Senator DRUMMOND, with unanimous consent, the motion to recall was withdrawn.
Senator MESCHER moved that the Senate revert to the Morning Hour.
Senator McCONNELL objected.
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms and Bauer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS' CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL
Senator J. VERNE SMITH moved that the Bill be made a Special Order.
Senator MARTIN raised a Point of Order that under Rule 33B the motion was out of order inasmuch as the Bill had not been on the Calendar a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Senator MESCHER moved that the Senate revert to the Morning Hour.
Senator McCONNELL objected.
On motion of Senator MESCHER, with unanimous consent, the Senate agreed to revert to the Morning Hour for the purpose of introducing the following two Bills:
The following were introduced:
S. 1259 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-88 SO AS TO PROVIDE THAT SCHOOL COUNSELORS CERTIFIED BY THE NATIONAL BOARD FOR CERTIFIED COUNSELORS, INC., (NBCC) SHALL HAVE A RECERTIFICATION CYCLE CONSISTENT WITH THE RECERTIFICATION CYCLE FOR NBCC CERTIFICATION, AND THAT SCHOOL COUNSELORS MOVING INTO THIS STATE SHALL BE EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, AND TO PROVIDE THAT SCHOOL COUNSELORS SHALL RECEIVE A SPECIFIED INCREASE IN PAY AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF NBCC CERTIFICATION.
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Read the first time and referred to the Committee on Education.
S. 1260 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT SCHOOL PSYCHOLOGISTS CERTIFIED BY THE NATIONAL ASSOCIATION OF SCHOOL PSYCHOLOGISTS (NASP) SHALL HAVE A RECERTIFICATION CYCLE CONSISTENT WITH THE RECERTIFICATION CYCLE FOR NASP CERTIFICATION, AND THAT SCHOOL PSYCHOLOGISTS MOVING INTO THIS STATE SHALL BE EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, AND TO PROVIDE THAT SCHOOL PSYCHOLOGISTS SHALL RECEIVE A SPECIFIED INCREASE IN PAY AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF NASP CERTIFICATION.
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Read the first time and referred to the Committee on Education.
S. 1261 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE LEGENDARY BASKETBALL COACH NELSON C. BROWNLEE AS HE LEADS THE CLAFLIN UNIVERSITY PANTHERETTES INTO COMPETITION IN YET ANOTHER NAIA TOURNAMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senators ELLIOTT and RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lennie E. Gerald of Horry County, S.C.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 17, 2000, it stand adjourned to meet next Tuesday, March 21, 2000, at 12:00 Noon, which motion was adopted.
At 12:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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