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 words of St. Paul to the Corinthians, first Epistle, Chapter 13 (v. 11):
"When I was a child, I reasoned like a child;
When I became a man, I gave up childish ways."
Let us pray.
O God our Heavenly Father, with decisions yet to be made, we pray for the kind of spiritual maturity of which St. Paul spoke when he said,
"Love is patient and kind...
It is not arrogant or rude.
Love does not insist on its own way;
It is not irritable or resentful;
It rejoices in the right."
We thank You because we believe that You have summoned us to creative leadership in these crisis hours.
Help us to make right choices!
Bless us with sweet consensus!
In the Name of the God of love!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator BRANTON introduced Dr. Jim McCoy of Charleston, S.C., Doctor of the Day.
Senator COURSON rose for an Expression of Personal Interest.
Senator JACKSON rose for an Expression of Personal Interest.
The following were introduced:
S. 1274 (Word version) -- Senators Leventis, Land, Drummond, Holland, Saleeby, J. Verne Smith, Setzler, Leatherman, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Bauer and Richardson: A CONCURRENT RESOLUTION SALUTING THE HONORABLE ERNEST A. FINNEY, JR., OF SUMTER COUNTY, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THANKING HIM FOR HIS MANY YEARS OF OUTSTANDING AND DEVOTED SERVICE TO THE STATE AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT AS CHIEF JUSTICE.
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Whereas, The Honorable Ernest Adolphus Finney, Jr. was born March 23, 1931, in Smithfield, Virginia, and graduated from Claflin College in 1952 with a Bachelor of Arts degree and from South Carolina State University in 1954 with a Juris Doctor degree; and
Whereas, he served as Chairman of the South Carolina Advisory Committee on Civil Rights in 1963 and was a member of the South Carolina State Election Commission from 1968 to 1972; and
Whereas, Chief Justice Finney also served as a member of the Board of Trustees of Claflin College and is a Mason and a Shriner and a dedicated member of the NAACP; and
Whereas, he rendered outstanding service to the people of Sumter County and to the State as a member of the South Carolina House of Representatives from 1973 to 1976 and was Chairman of the South Carolina Legislative Black Caucus from 1973 to 1975; and
Whereas, he was awarded the Honorary Doctor of Laws degree by the University of South Carolina-Coastal Carolina College in 1991, the Honorary Doctor of Humanities degree by Claflin College in 1977, the Honorary Doctor of Laws degree by The Citadel and Johnson C. Smith University in 1995, the Honorary Doctor of Humane Letters by the College of Charleston in 1995, the Doctor of Humane Letters by South Carolina State University in 1996, and the Doctor of Laws degree by Morris College, also in 1996; and
Whereas, Chief Justice Finney was honored by the South Carolina Trial Lawyers Association in 1992 with a portrait presentation and a scholarship donation in his name to the School of Law of the University of South Carolina; and
Whereas, he was elected Judge of the Third Judicial Circuit July 22, 1976, and served in that position until he was elected Associate Justice of the South Carolina Supreme Court in 1985, and was re-elected as Associate Justice in 1990; and
Whereas, he was elected Chief Justice of South Carolina on May 11, 1994, to fill the unexpired term of The Honorable A. Lee Chandler upon the latter's retirement on December 16, 1994; in this regard Chief Justice Finney achieved the distinction of becoming the Palmetto State's first African-American Chief Justice; and
Whereas, he has devoted many long hours toward improving the operation of the state's courts, the caliber of the entire judicial system, and the dispensing of justice for the people of South Carolina; and
Whereas, he is respected, admired, and loved across South Carolina; he is renowned for his legal knowledge and abilities and is admired for his devotion to his family and to his church, Emmanuel United Methodist Church of Sumter; and
Whereas, he has rendered outstanding public service to the State of South Carolina throughout his adult life for which all South Carolinians are truly grateful; he is retiring as Chief Justice on March 23, 2000, his birthday, but will forever be remembered as a great South Carolinian; and
Whereas, he is due the thanks of the state's citizenry for his superb public service and an expression of best wishes for success and happiness in the years to come. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, salutes The Honorable Ernest A. Finney, Jr., of Sumter County, Chief Justice of the South Carolina Supreme Court, thanks him for his many years of outstanding and devoted service to the State, and wishes him success and happiness following his retirement as Chief Justice.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1275 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-765 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO DEVISE AND IMPLEMENT A PLAN REVISING THE PRESCRIPTION DRUG BENEFIT FOR STATE HEALTH INSURANCE PLAN MEMBERS TO PROVIDE THAT THE COPAYMENT ON A PRESCRIPTION DRUG MAY BE PAID BY THE MEMBER AND THE BALANCE PAID TO THE PARTICIPATING PHARMACY BY THE PLAN TO COINCIDE WITH THE TIME PERIOD FOR WHICH THE DRUG IS PRESCRIBED RATHER THAN ONLY EVERY THIRTY-ONE DAYS, AND TO PROVIDE THAT A PRESCRIPTION DRUG SOLD BY ANY PHARMACY MANNED BY A PHARMACIST LICENSED BY THIS STATE BE COVERED BY THE PRESCRIPTION DRUG BENEFIT FOR THE STATE HEALTH INSURANCE PLAN.
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Read the first time and referred to the Committee on Finance.
S. 1276 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.
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Read the first time and referred to the Committee on Judiciary.
S. 1277 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT CIVIL ACTION MAY NOT BE BROUGHT AGAINST PSYCHOLOGISTS PERFORMING EVALUATION OR TREATMENT FUNCTIONS AS A RESULT OF A COURT APPOINTMENT AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.
S. 1278 (Word version) -- Senators Elliott and Hutto: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
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Read the first time and referred to the Committee on Judiciary.
S. 1279 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACILITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1280 (Word version) -- Senator Land: A SENATE RESOLUTION CONGRATULATING THE SCOTT'S BRANCH HIGH SCHOOL EAGLES ON WINNING THE 2000 CLASS A STATE CHAMPIONSHIP IN BASKETBALL.
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The Senate Resolution was adopted.
S. 1281 (Word version) -- Senator Land: A SENATE RESOLUTION CONGRATULATING MANNING HIGH SCHOOL'S LADY MONARCHS ON WINNING THE 2000 CLASS AAA STATE CHAMPIONSHIP IN BASKETBALL.
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The Senate Resolution was adopted.
H. 4811 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO HONOR DR. M. MACEO NANCE, JR., PRESIDENT EMERITUS OF SOUTH CAROLINA STATE UNIVERSITY ON THE OCCASION OF HIS SEVENTY-FIFTH BIRTHDAY ON MARCH 28, 2000, AND TO RECOGNIZE WITH GRATITUDE HIS INVALUABLE CONTRIBUTIONS TO HIGHER EDUCATION AND TO THE DIGNITY OF THE CITIZENS OF ORANGEBURG COUNTY, THIS STATE, AND THIS NATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4812 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FANNIE BOYD QUILLIAN REEVES OF BISHOPVILLE, WHO PASSED AWAY MARCH 19, 2000, AT THE AGE OF NINETY-SEVEN, AND EXTENDING DEEPEST SYMPATHY TO HER DAUGHTER AND SON, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS, BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29, BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1088 (Word version) -- Senators Short and Matthews: A BILL TO AMEND SECTION 20-7-9710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST STEPS TO READINESS BOARD OF TRUSTEES, SO AS TO ADD TO THE MEMBERSHIP THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OR HIS DESIGNEE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1140 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1159 (Word version) -- Senators Matthews, Holland, Passailaigue, Courtney, Patterson, Ford, Elliott, McGill, McConnell, Courson, Wilson and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. Verne Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
S. 1166 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1235 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE CALENDAR YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED, RELATING TO PRIORITY FOR THE DISTRIBUTION OF CLAIMS, SO AS TO REVISE THE PRIORITY AND TO INCLUDE CLAIMS OF THE FEDERAL GOVERNMENT, NOT OTHERWISE INCLUDED, AND TO INCLUDE CLAIMS OF GENERAL CREDITORS AND CERTAIN CLAIMS AGAINST AN INSURER FOR LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE; TO AMEND SECTION 38-33-90, AS AMENDED, RELATING TO REQUIRED REPORTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REVISE CERTAIN REPORTING REQUIREMENTS, TO REQUIRE ANNUAL FILING OF THE ANNUAL STATEMENT CONVENTION BLANK WITH A NATIONAL INSURANCE ASSOCIATION, AND TO PROVIDE IMMUNITY FROM LIABILITY TO THIS ASSOCIATION FOR COLLECTING, ANALYZING, AND DISSEMINATING THIS ANNUAL INFORMATION; TO AMEND SECTION 38-33-100, RELATING TO FINANCIAL REQUIREMENTS FOR ISSUANCE OF A HEALTH MAINTENANCE ORGANIZATION CERTIFICATE OF AUTHORITY, SO AS TO REVISE THE NET WORTH REQUIREMENT AND TO INCLUDE CERTAIN CAPITAL AND SURPLUS REQUIREMENTS; TO AMEND SECTIONS 38-45-20 AND 38-45-30, BOTH AS AMENDED, RELATING TO REQUIREMENTS FOR A RESIDENT AND NONRESIDENT, RESPECTIVELY, TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO ELIMINATE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND CERTIFICATION BY BROKERS AS THEY RELATE TO BROKER'S TAXES; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO PROCEDURES FOR PLACING INSURANCE WITH SURPLUS LINES INSURERS, SO AS TO DELETE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND PENALTIES AND PROCEDURES RELATING TO DISAPPROVAL; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF ALL INSURANCE POLICIES ISSUED OR SOLD IN THE STATE AND EXEMPTIONS FROM APPROVAL, SO AS TO REQUIRE AN OFFICER OF THE INSURER, RATHER THAN THE CHIEF EXECUTIVE OFFICER TO CERTIFY INFORMATION WHEN POLICIES ARE EXEMPT FROM THE APPROVAL PROCESS; TO ADD SECTIONS 38-63-660, 38-65-360, 38-69-330, AND 38-71-1760 ALL SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATING TO INDIVIDUAL LIFE INSURANCE, GROUP LIFE INSURANCE, INDIVIDUAL ANNUITIES, AND ACCIDENT AND HEALTH INSURANCE, RESPECTIVELY; TO AMEND SECTION 38-73-495, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DISAPPROVE PREVIOUSLY APPROVED RATES FOR WORKERS' COMPENSATION INSURANCE CLASSIFICATIONS AND REVISIONS OF THESE CLASSIFICATIONS, SO AS TO REQUIRE APPEALS OF THESE MATTERS TO THE DEPARTMENT WITHIN ONE YEAR OF THE POLICY EXPIRATION OR CANCELLATION DATE; TO AMEND SECTIONS 38-73-1370 AND 38-73-1380, BOTH AS AMENDED, RELATING TO PROCEDURES FOR RATING ORGANIZATIONS TO FILE RATES AND PREMIUMS AND FOR APPROVAL OF FINAL RATE OR PREMIUM CHARGES, RESPECTIVELY, SO AS TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING IN CONNECTION WITH THESE MATTERS; TO AMEND SECTION 38-75-470, RELATING TO AN ADVISORY COMMITTEE TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCLUDE AS COMMITTEE MEMBERS REPRESENTATIVES OF THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION AND THE STATE FLOOD MITIGATION PROGRAM AND TO INCREASE THE DIRECTOR'S AND GOVERNOR'S APPOINTEES BY ONE; TO AMEND SECTION 38-75-480, RELATING TO A LOSS MITIGATION GRANT PROGRAM, SO AS TO AUTHORIZE PROVIDING TECHNICAL ASSISTANCE AND INFORMATION RESOURCES TO LOCAL GOVERNMENTS IN CONNECTION WITH DEVELOPING NATURAL HAZARD MITIGATION STRATEGIES; TO AMEND SECTION 38-77-125, RELATING TO INSURANCE COMPANY INFORMATION REQUIRED TO BE INCLUDED ON AUTOMOBILE INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT RESIDENT INSURANCE ADJUSTER INFORMATION MUST ALSO BE INCLUDED; AND TO REPEAL SECTION 38-47-80 RELATING TO REQUIRING A PROPERTY OR CASUALTY INSURANCE COMPANY TO MAINTAIN A RESIDENT ADJUSTER IN THE STATE.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS, ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4795 favorable:
H. 4795 (Word version) -- Reps. Kelley and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS CAMPING AND CAMPING ACTIVITIES MAKE TO THE QUALITY OF LIFE IN OUR STATE AND TO DECLARE THE WEEK OF MARCH 20 - 26, 2000, AS CAMPING WEEK IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, BRYAN and FORD to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1274 (Word version) -- Senators Leventis, Land, Drummond, Holland, Saleeby, J. Verne Smith, Setzler, Leatherman, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Bauer, Richardson: A CONCURRENT RESOLUTION SALUTING THE HONORABLE ERNEST A. FINNEY, JR., OF SUMTER COUNTY, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THANKING HIM FOR HIS MANY YEARS OF OUTSTANDING AND DEVOTED SERVICE TO THE STATE, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT AS CHIEF JUSTICE.
Returned with concurrence.
Received as information.
Columbia, S.C., March 23, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 23, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4462 (Word version) -- Reps. Young-Brickell, Cobb-Hunter, Bailey and Chellis: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF DORCHESTER COUNTY SCHOOL DISTRICT TWO DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW OR HURRICANE FLOYD, INCLUDING THE FLOODING THAT FOLLOWED, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 11:30 A.M., on motion of Senator LEVENTIS, the Senate receded from business for the purpose of the Senate Assembly.
The PRESIDENT of the Senate called the Senate to order.
The PRESIDENT announced that the Senate had convened under the terms of the following Senate Resolution which was previously adopted:
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.
The PRESIDENT recognized Senator LEVENTIS who introduced Chief Justice Finney, Jr. as follows:
Mr. PRESIDENT and ladies and gentlemen of the Senate,
I would like for you to prepare for what Senator LAND and I consider to be a very historic day in the life of our State and certainly in the life of one of the most distinguished citizens that has ever served this State. First of all, I would like to recognize that we have all the members of the Supreme Court with us today and we are honored to have them -- Justice Toal, Justice Moore, Justice Waller and Justice Burnett and, of course, the distinguished Chief Justice Ernest A. Finney, Jr. I wanted to make some brief remarks and then invite Justice Finney to address this body.
First of all, I would like to remind everyone that this is Justice Finney's birthday and he is celebrating, but I won't tell you what number. You can look it up in the Legislative Manual.
It's historic because Justice Finney has added so much to his community and we all know that. I think it would behoove us to look at some of the highlights just briefly.
He was born on March 23. Forty-five years ago he married Frances Davenport of Newberry. He served in the South Carolina House of Representatives in the early seventies but in the sixties he served part of that time on the State Election Commission. He was an educator in the fifties and sixties after graduation from Claflin College. Justice Finney became an attorney and moved to Sumter. His service also includes being on the board at Claflin and further service in education. He was always recognized as a leader and was one of the chairmen of the South Carolina Legislative Black Caucus. He was elected to the court as a Circuit Judge in 1976, was elected to the Supreme Court in 1985, and after having served almost fifteen years on that body, was elected Chief Justice in 1994, assuming that role on the 16th of December, 1994.
That's an extraordinary history of service to this State, singular among the millions of citizens that South Carolina has -- both men and women.
Justice Finney has always contributed to his community and to his family. But, what he did that I think is singular and so significant is that he expanded that community. He contributed first to his home and his family and then to his community, wherever that was -- Sumter since the early 1960's -- and then to his State and, I would say without fear of contradiction, to his nation with the contributions that he has made.
He is a distinguished gentleman and Senator LAND and I are so proud that we can call him our personal friend. We've invited him today to make remarks on the occasion of his retirement from the judiciary that he has served so long and with such distinction.
I would ask Senator LAND to escort the Chief Justice to the podium for us to receive his remarks. We are honored to have you here.
(On motion of Senator O'DELL, with unanimous consent, ordered printed in the Journal)
The Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court, was escorted to the rostrum by Senator LAND.
Chief Justice Finney addressed the Senate:
Mr. PRESIDENT Pro Tempore, other members of this august body, staff and honored guests,
Although over-usage makes the expression seem trite, I must say that I am honored to be invited to appear before you today. At the risk of being redundant, I feel compelled to thank you, again, for the statesman-like manner in which you have discharged your constitutional responsibility to the third branch of state government during my tenure.
I acknowledge that we did not get everything we requested, in the manner it was requested or at the requested time. But we understand that this is how a system of checks and balances works. Using a manufacturing analogy, the end product rarely resembles the raw material used to begin the process and seldom shows the rigorous manipulations required to complete the transformation. But if at the conclusion of the process a product emerges which meets the desired specifications, then the entire process is deemed both necessary and successful.
I would like to take this opportunity to commend, encourage and challenge you to manage the legislative process to such a degree that the end product will conform to the specifications framed by the constitution.
First, I commend you for undertaking the rewarding but often thankless and always difficult mission of public service. I congratulate you for being the kind of individuals in whom your friends and neighbors have placed their confidence. On those days when citizen complaints and media assaults paint you as politicians in the most negative sense of the term, you need to remind yourself that you were elected by popular vote and that a majority of people in your district deemed you worthy of their trust.
Second, I want to encourage you to rely upon your best judgment derived from your training and life experiences. Like the remainder of the State, your respective districts are composed of diverse interests, various needs and different agenda.
That being the case, the formula I have used has been to research the issues, seek constituent input, weigh all relevant facts, make a decision and take action. Generally, what is good for the majority is also good for all the people. I would interject here a word of caution. The most vocal segments of a community - the shrillest carping and the most caustic press reports - do not necessarily constitute the majority view.
These are the instances in which the qualities of intellect, industriousness, sensitivity and integrity are of paramount importance. The buck stops at the button on your desk. In addition to possessing these characteristics, you are presumed to be well informed and to have the fortitude to act with the courage of your conviction on the facts as you see them and in the best interest of your constituency. I encourage you to do so.
Finally, I challenge you to revisit the history of our State and this nation. As one of the thirteen original colonies, South Carolina was among the first fruits of a nation born of adversity. This republic has endured for over 200 years and now stands as a world beacon for democracy. Of all the generations of men and women who have stood at the helm of state and national government, the names of relatively few have stood out in history.
I urge you to refresh your minds on the contributions attributed to these individuals and consider the factors which set them apart from their counterparts. Together, all who served embodied a combination of many backgrounds, aptitudes, temperaments and even disabilities. But out of the barest of raw materials and despite overwhelming obstacles, these pioneers created the framework for a government which their successors sustained and handed down to us intact.
As current leaders, many thorny issues have been thrust upon you. Some are sociological; others are bread and butter dilemmas; all are vital to the well-being of our citizens and to the progress of our State. Each requires deliberate, objective and immediate consideration.
These are prosperous economic times, but there are pockets of poverty in South Carolina. A global economy requires consistency and high quality in the educational process; our State needs to move into the mainstream of education. Better trained personnel and advanced technology produce a nationwide justice system which is capable of effectively managing case dockets, reducing crime, addressing issues relating to punishment and dealing with juvenile offenders. South Carolina needs to establish herself as a viable partner in the national justice initiatives.
These are but a few of the compelling areas which demand your attention. I am confident that you are equal to the task. I believe that you possess the resources and ingenuity to forge from these dilemmas solutions which will distinguish this 113th General Assembly as worthy of occupying its place at the beginning of this new century.
I do not anticipate that there will ever be, at least not in this century, a more able, more dedicated, or more sensitive General Assembly than this body. Any issues which you leave unresolved at the end of this session, if not resolved by the events of time, will confront the 114th General Assembly when it convenes in the year 2001.
Some of you will return to unfinished business. Others will not, and newly elected legislators will find old matters which this session could not or would not conclude. If you, during your watch, could not engineer a solution to measures which are before you, I see no reason to be optimistic that the efforts of the next class of lawmakers will exceed your level of performance.
I challenge you to rise to the nobility of your oath. I urge you to tackle the affairs of State with resolve born of statesmanship and not passion; with negotiable positions aimed not necessarily at compromise but directed toward solutions in the best interest of the State. You are not expected to violate your conscience, but we do ask that you recognize the merits of opposing viewpoints.
The governmental machinery of this republic functions best when the energy of the legislative branch is focused upon the product being formed instead of on itself. Ours is a nation born of ideals - the desire for personal freedoms - and not individuals. These ideals must be preserved at all costs because ideals are what protect the individual.
With this concept in mind, it is instructive to examine current and past wars which have torn asunder nations both great and small. Almost without exception, the dispute has centered upon individualism as opposed to the ideal. For example, reportedly the worst atrocities recorded in history, the holocaust, was in reality Hitler versus the Jews. The major conflicts of our generation, such as ethnic cleansing to purge a human community of certain other humans is essentially the result of humankind's hate directed toward the individual.
Incivility toward each other, acrimonious debate, shortsightedness and narrow-minded agenda are precursors of danger. I challenge you, as single Senators and as a body, to set the tone of legislative deliberations in South Carolina for this century.
It is important that this legislative body not accept the label of being a single-issue session. It is crucial that our period in history be noted for substance, civility, professionalism and progress. It is also critical that you, each of you, rise up, set the example and live out the creed inherent in the concept of government of the people, by the people and for the people. The welfare of our State depends upon you. The integrity of our Constitution is in your hands.
If you honor the oath which you have taken, South Carolina will move to her rightful place as one of the initial bodies of people to give credence to the concept of good government by placing their lives on the line in a strange land. Not only that, South Carolinians will stand as proud products of the progress and prosperity molded from raw material in a hostile environment.
But as engineers of the machinery of government which produced this desired transformation, you will gain far more than the mere satisfaction of accomplishment. As noted by John Ruskin, the English social reformer, who died in 1900:
The highest reward for a person's toil
Is not what they get for it,
But what they become by it.
Ladies and gentlemen, I suggest to you that through your efforts to be good stewards of the public trust of all the citizens of our State, by the example you leave for your successors in office, and because of the legacy of greatness which you will pass down to posterity, you will become the model statesmen and stateswomen who met the challenge of public service in the manner contemplated by our constitution.
(On motion of Senator RICHARDSON, with unanimous consent, ordered printed in the Journal)
The purpose of the Senate Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate was called to order by the PRESIDENT.
At 11:55 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
At 11:56 A.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.
At 12:00 Noon, the Senate resumed.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Senator J. VERNE SMITH explained the Bill.
Senator ANDERSON asked unanimous consent to give the Bill a third reading on the next legislative day.
Senator McCONNELL objected.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
S. 1204 (Word version) -- Senators Drummond and Leventis: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\9336HTC00), which was adopted:
Amend the bill, as and if amended, page 17, by inserting after SECTION 9:
/ SECTION 10. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not more than two years 54 percent for each year
(c) over two years but not more than three years 50 percent for each year
(d) over three years, but not more than four years 46 percent for each year
(e) over four years 42 percent for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A) the A member, if he who has at least twenty-five years of creditable service, may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him the member as an employee or member upon paying into his the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must retire terminate employment within ninety days subsequent to after electing the option provided by subsection (B) this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)." /
Amend further, as and if amended, SECTION 21, page 33, line 1, by striking /9-1-1850,/.
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the committee amendment.
The committee amendment was adopted.
Senator DRUMMOND proposed the following amendment (BBM\9431HTC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
B. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
C. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
D. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
E. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
F. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
G. Notwithstanding the general effective date of this act, this section takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER 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 with notice of general amendments.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 1113 (Word version) -- Senators Setzler, Land, Passailaigue, Rankin, Reese, Moore, Short, O'Dell, McGill, Saleeby, Peeler, Giese, Courson and Martin: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION.
Senator J. VERNE SMITH explained the Bill.
S. 1195 (Word version) -- Senators Land and Hayes: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.
Senator MOORE explained the Bill.
H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator MARTIN asked unanimous consent to give the Joint Resolution a third reading on the next legislative day.
Senator MCCONNELL objected.
H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (3419R001.JVS), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 31 of the 1976 Code is amended by adding:
South Carolina Shooting Range Protection Act
Section 31-18-10. This chapter may be cited as the 'South Carolina Shooting Range Protection Act of 2000'.
Section 31-18-20. As used in this chapter:
(1) 'shooting range' or 'range' means an area that is:
(a) designated, utilized, and operated by a person for the firing of firearms; where
(b) the firing of firearms is the usual, regular, and primary activity occurring in the area; and where
(c) the improvements, size, geography, and vegetation of the area are such that a projectile discharged from a firearm at a target would not reasonably be expected to escape its boundaries by virtue of the trajectory of the projectile, or by virtue of a backstop, berm, bullet trap, impact barrier, or similar device designed to prevent the escape of such projectiles.
(2) 'person' means an individual, partnership, limited liability company, corporation, club, association, governmental entity, or other legal entity.
(3) 'substantial change in use' or 'substantial change in the use' means that the current primary use of the range no longer represents the activity previously engaged in at the range.
Section 31-18-30. (A) Except as provided in this subsection, a person may not maintain a nuisance action for noise against a shooting range, or the owners, operators, or users of the range, located in the vicinity of that person's property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in the use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years from the beginning of the substantial change.
(B) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range, or the owners, operators, or users of the range, only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range.
(C) If there has been no shooting activity at a range for a period of three years, resumption of shooting is considered establishment of a new shooting range for purposes of this section. The three-year period shall be tolled if shooting activity ceases due to legal action against the shooting range or the owners, operators, or users of the shooting range.
Section 31-18-40. (A) A county, municipal, or state noise control ordinance, rule, or regulation may not require or be applied to require a shooting range to limit or eliminate shooting activities that have occurred on a regular basis before January 1, 2000.
(B) A county, municipal, or state noise control ordinance, rule, or regulation may not be applied to a shooting range that was in compliance with a noise control ordinance as of the date of its establishment, provided there is no substantial change in the use of the range subsequent to its initial compliance.
(C) A county, municipal, or state noise control ordinance, rule, or regulation may not be applied to a shooting range that was in existence prior to the enactment of a noise control ordinance, rule, or regulation, provided there is no substantial change in the use of the range.
Section 31-18-50. Except as otherwise provided in this chapter or the law of this State, this chapter does not prohibit a local government from regulating the location and construction of a new shooting range after the effective date of this chapter.
Section 31-18-60. Each county in this State in which there is an existing shooting range or in which a shooting range is established must prominently display a sign at a one-mile radius of each shooting range on all primary highways to notify the public that they are entering the area of a shooting range which shall bear the following inscription:
The sign must conform to the Manual of Uniform Traffic Control Devices and the policies of the Department of Transportation. The cost of fabricating the sign must be paid by the shooting range. Any shooting range in existence prior to January 1, 2000, must have a sign installed by January 1, 2001."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
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 (JUD0300.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 15-78-60 of the 1976 Code, as amended, is further amended by adding an appropriately numbered item to read:
"( ) acts or omissions by a special state constable who is appointed pursuant to Section 23-7-10 and acting within the scope of his official duty under conditions of a national emergency or of a serious and immediate risk to the physical security of an energy facility within the special state constable's jurisdiction as provided in Section 23-7-40."
SECTION 2. Section 23-7-30 of the 1976 Code is amended to read:
"Section 23-7-30. All special state constables appointed under this chapter shall be are required to take the oath prescribed by Article III, Section 26 of the Constitution of 1895. Every such special state constable shall must give and file in the office of the Secretary of State a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties and further conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction upon a claim or cause of action arising out of a breach or abuse of official duty or power or other unlawful act committed under color of office."
SECTION 3. Section 23-7-70 of the 1976 Code is amended to read:
"Section 23-7-70. No person or corporation shall be responsible for the malfeasance, nonfeasance or misfeasance of any such special State constable nor for any of his unlawful acts performed under color of office, but such constable and his sureties shall be answerable therefor on his official bond. The South Carolina Tort Claims Act, Chapter 78 of Title 15, is the exclusive and sole remedy for any tort committed by a special state constable while acting within the scope of his official duty."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1043 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.
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 (JUD1043.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-4-520(7) of the 1976 Code is amended to read:
"(7) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. In planned development districts, pursuant to Section 6-29-730(C)(4), the governing body of a church, by an affirmative vote of a majority of the governing body's membership, may waive the distance factor in this item for the location of the business applying for or renewing a license provided for in this article. This item does not apply to locations licensed before April 21, 1986."
SECTION 2. Section 61-6-120(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding the following paragraph at the end:
"In planned development districts, pursuant to Section 6-29-730(C)(4), the governing body of a church, by an affirmative vote of a majority of the governing body's membership, may waive the distance requirement of this subsection for the location of the business applying for or renewing a license provided for in this article."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber remaining sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE LOCAL COUNCILS.
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 (JUD1047.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-7-5915 of the 1976 Code is amended to read:
"Section 20-7-5915. (A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State.
(B) To achieve its purpose, the department shall:
(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265 as provided in Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall may request an autopsy if SLED determines that an autopsy is necessary. The autopsy, which must be performed as soon as possible by a pathologist with forensic training as soon as possible. The forensic pathologist shall must inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If, after investigation by law enforcement and the coroner's office, the cause of death is determined by the coroner to be from natural causes, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an must continue its investigation;
(2) request assistance of any other local, county, or state agency to aid in the investigation;
(3) upon receipt of additional investigative information, request the coroner to reopen a case if necessary for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be made available as needed to by the county coroner or medical examiner and county department of social services;
(5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee;
(6) develop a protocol for child fatality reviews;
(7) develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 and provide training on the use of protocol to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies, and local professionals delivering services to children on the use of the protocol;
(8) study the operations of local investigations of child fatalities, including the statutes, regulations, policies, and procedures of used by the agencies involved with children's services and child death investigations;
(9) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children, including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee; and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report;
(10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings;
(11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations; and
(12) promulgate regulations necessary to carry out its purposes and responsibilities under this article."
SECTION 2. Section 20-7-5920 of the 1976 Code is amended to read:
"Section 20-7-5920. (A) The purpose of the State Child Fatality Advisory Committee is to decrease the incidences of preventable child deaths by:
(1) developing an understanding of the causes and incidences of child deaths;
(2) developing plans for and implementing changes within the agencies represented on the committee which will in order to prevent child deaths; and
(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will in order to prevent child deaths.
(B) To achieve its purpose, the committee shall:
(1) meet with the department no later than one month two months after the case is closed by the department receives notification by the county medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 to review the investigation of the death;
(2) undertake annual statistical studies of the incidences and causes of child fatalities in this State. The studies shall must include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;
(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is are needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidences and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;
(5) develop and implement policies and procedures for its own governance and operation;
(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public. ; and
(7) promote and encourage the development of local Children's Health and Safety Councils or similar organizations for children. The local councils and organizations shall work in collaboration with the committee and shall be independent of the Department of Child Fatalities. The purpose of these councils and organizations is to reduce the incidence of child deaths. The local councils and organizations shall review intentional and unintentional injuries occurring within the community. The local councils and organizations and the state committee shall exchange information, meet jointly, and attend training sessions together for the purpose of implementing a comprehensive network throughout the State and achieving the goals set forth in subsections (B)(2), (B)(3), (B)(4), (B)(5), and (B)(6). The local councils and organizations must adhere to the confidentiality requirements in Sections 20-7-5950 and 20-7-5960."
SECTION 3. Section 20-7-5950 of the 1976 Code is amended to read:
"Section 20-7-5950. (A) Meetings of the committee and department, and meetings of the local councils and organizations developed pursuant to Section 20-7-5920(B)(7), are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee, and the department, or local councils or organizations are discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the committee or local councils or organizations are open to the public and subject to the Freedom of Information Act when the committee or local councils or organizations is are not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may must not be disclosed during a public meeting, and information regarding the involvement of any agency with the deceased child or family may must not be disclosed during a public meeting.
(D) Violation A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both."
SECTION 4. Section 20-7-5960 of the 1976 Code is amended to read:
"Section 20-7-5960. (A) All information and records acquired by the committee, and by the department, or the local councils or organizations developed pursuant to Section 20-7-5920(B)(7), in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's, and the department's, and the local councils' and organizations' duties and purposes.
(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the committee, and the department, or local councils or organizations which do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the committee's, and the department's, and local councils' and organizations' purposes and duties, members of the committee, and the department, local councils and organizations, and persons attending their meeting meetings may not disclose what transpired at a meeting which is not public under Section 20-7-5940 and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the committee, or a local council or organization, persons attending a committee meeting or meeting of a local council or organization, and persons who present information to the committee or a local council or organization may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee, or department, or a local council or organization or because it is maintained by the committee, or department, or a local council or organization. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or a local council or organization or that which is public information.
(F) Information, documents, and records of the committee, and the department, or a local council or organization are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee, or department, or a local council or organization or because they are maintained by the committee, or department, or a local council or organization.
(G) Violation A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (JUD1084.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 37, in Section 60-11-40(3), as contained in SECTION 1, by striking lines 37 through 42 in their entirety and inserting therein the following:
/ (3) Non-ex officio members. Five Six non-ex officio members shall be nominated, one by appointed by the Governor as follows: one member upon the recommendation of the South Carolina Historical Society, one by member upon the recommendation of the American Legion, Department of South Carolina, and by one member upon the recommendation of the South Carolina Historical Association, and one member upon the recommendation of the University South Caroliniana Society and appointed by the Governor. Each shall serve for a term of five years. Two /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1184 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE TRAINED AND CERTIFIED BY THE STATE ELECTION COMMISSION, AND TO FURTHER PROVIDE THAT THE OTHER COMMISSIONERS AND THEIR STAFFS MAY ALSO BE TRAINED AND CERTIFIED IF REQUIRED BY THE COUNTY GOVERNING BODY.
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 (JUD1184.001), which was adopted:
Amend the bill, as and if amended, page 1, line 19, as contained in the title of the bill, by striking /COUNTY/ and inserting /MUNICIPAL/.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
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 (3393R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 37, and inserting the following:
/ by the current owner as of the date of sale.
The county treasurer or other appropriate official annually, or more frequently as the county may deem appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed acceptable by the department." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The committee amendment was adopted.
Senators ELLIOTT and RANKIN proposed the following amendment (3393R002.DE), which was adopted:
Amend the bill, as and if amended, page 1, by adding the following new paragraph at the end to read:
/ The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following amendment (3393R003.ELP):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law all other personal property shall be taxed on an assessment of ten and one-half percent of fair market value of such property except that commercial fishing boats and commercial tugboats shall be taxed on an assessment of five percent of fair market value. As used in this item "commercial fishing boats" shall mean boats licensed by the Department of Natural Resources which are used exclusively for commercial fishing, shrimping or crabbing. As used in this item, 'commercial tugboats' shall mean boats used exclusively for harbor and ocean towing, documented with the U.S. Coast Guard, constructed of steel, and being at least eighty feet in length and having a gross tonnage of at least one hundred tons."
B. This section is effective for tax year commencing January 1, 1999./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PEELER asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator LEVENTIS objected.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
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 (JUD3555.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-3-85 of the 1976 Code is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who if the person:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect, as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect, as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) For purposes of this section, the following definitions apply:
(1) 'child abuse or neglect' means an act by any person which causes harm to the child's physical health or welfare;
(2) 'harm' to a child's health or welfare occurs when a person:
(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;
(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or
(c) abandons the child resulting in the child's death.
(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C)(D) In sentencing a person under this section, the judge shall must consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.
(B) It is unlawful for a child's parent or guardian, person with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 20-7-490(5) knowingly to allow another person to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(D) This section does not prohibit corporal punishment or physical discipline which:
(1) is administered by a parent or person in loco parentis;
(2) is perpetrated for the sole purpose of restraining or correcting the child;
(3) is reasonable in manner and moderate in degree;
(4) has not brought about permanent or lasting damage to the child; and
(5) is not reckless or grossly negligent behavior by the parents or person in loco parentis.
(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others.
SECTION 3. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator RYBERG asked unanimous consent to give the Bill a third reading on the next legislative day.
Senator McCONNELL objected.
S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator HUTTO raised a Point of Order that, under Rule 39, the Bill had not been on the desks of members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
Senator RYBERG raised a Point of Order that, under Rule 39, the Bill had not been on the desks of members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH CARE PROFESSIONALS REGARDING THE BEST PRACTICES FOR THE JUDICIOUS USE OF ANTIBIOTICS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1231 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 26, AND FRIDAY, OCTOBER 27, 2000, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 25, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4768 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 16, 2000.
The Concurrent Resolution was adopted, ordered returned to the House.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 23, 2000, at 12:35 P.M. and the following Acts and Joint Resolutions were ratified:
(R245, S. 494 (Word version)) -- Senator Saleeby: AN ACT TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED OR LICENSED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7, CHAPTER 53, TITLE 44 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO AN INSULIN DEPENDENT DIABETIC; AND TO AMEND SECTION 38-71-46, RELATING TO THE REQUIREMENT THAT EVERY HEALTH MAINTENANCE ORGANIZATION, AND INDIVIDUAL AND GROUP HEALTH INSURANCE POLICY MUST COVER CERTAIN TREATMENT, EQUIPMENT, AND TRAINING FOR PERSONS WITH DIABETES MELLITUS, SO AS TO REVISE THE REQUIRED COVERAGE TO INCLUDE CERTAIN FOOD AND DRUG ADMINISTRATION-APPROVED MEDICATION INDICATED FOR THE TREATMENT OF DIABETES, AND TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT A HEALTH MAINTENANCE ORGANIZATION OR A GROUP HEALTH INSURANCE POLICY FROM PROVIDING COVERAGE FOR MEDICATION ACCORDING TO FORMULARY OR USING NETWORK PROVIDERS.
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(R246, S. 565 (Word version)) -- Senators Setzler, Moore, Leatherman and Leventis: AN ACT TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A PERSON WHO HAS FURNISHED LABOR, MATERIAL, OR RENTAL EQUIPMENT TO A BONDED CONTRACTOR OR THE LATTER'S SUBCONTRACTORS FOR WORK PROVIDED FOR IN A CONTRACT FOR CONSTRUCTION, AND WHO HAS NOT BEEN PAID IN FULL THEREFOR BEFORE THE EXPIRATION OF A PERIOD OF NINETY DAYS AFTER THE DAY ON WHICH THE LAST OF THE LABOR WAS DONE OR MATERIAL OR RENTAL EQUIPMENT WAS FURNISHED OR SUPPLIED, FOR WHICH THE CLAIM IS MADE, HAS THE RIGHT TO SUE ON THE PAYMENT BOND FOR THE AMOUNT OR BALANCE THEREOF UNPAID AT THE TIME OF THE INSTITUTION OF THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS DUE HIM; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, CONSTRUCTION, ARCHITECT-ENGINEER CONSTRUCTION MANAGEMENT, LAND SURVEYING SERVICES, BOND AND SECURITY, SUITS ON PAYMENT BONDS, AND THE RIGHT TO INSTITUTE THE SAME, SO AS TO, AMONG OTHER THINGS, EXTEND THE RIGHT TO SUE TO PERSONS WHO HAVE FURNISHED RENTAL EQUIPMENT OR LABOR OR MATERIAL TO A BONDED CONTRACTOR OR THE LATTER'S SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE FOR A REMOTE CLAIMANT TO HAVE A RIGHT OF ACTION ON THE PAYMENT BOND UPON CERTAIN CIRCUMSTANCES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, CONTRACTORS' BONDS AND AMOUNTS AND ACTIONS ON SUCH BONDS, SO AS TO, AMONG OTHER THINGS, EXTEND THE RIGHT TO SUE, UNDER CERTAIN CIRCUMSTANCES TO ONE WHO FURNISHES RENTAL EQUIPMENT IN THE PROSECUTION OF THE WORK PROVIDED FOR IN THE CONTRACT, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE FOR A REMOTE CLAIMANT TO HAVE A RIGHT OF ACTION UPON A BOND; TO AMEND CHAPTER 1, TITLE 11, RELATING TO PUBLIC FINANCE, BY ADDING SECTION 11-1-120 SO AS TO PROVIDE THAT WHEN THE STATE OR A COUNTY, CITY, PUBLIC SERVICE DISTRICT OR A POLITICAL SUBDIVISION THEREOF, OR OTHER PUBLIC ENTITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR, MATERIAL, OR RENTAL EQUIPMENT TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT SHALL HAVE THE RIGHT TO SUE ON THE BOND UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 29-5-23, AS AMENDED, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE FAILURE TO FILE A NOTICE OF PROJECT COMMENCEMENT RENDERS CERTAIN OTHER PROVISIONS OF LAW CONTAINED IN THIS ACT, RELATING TO THE REQUIREMENT OF A NOTICE OF PROVIDING LABOR, MATERIALS, OR RENTAL EQUIPMENT, INAPPLICABLE FOR A CLAIM AGAINST A PAYMENT BOND FURNISHED BY A CONTRACTOR HOLDING DIRECT CONTRACTUAL AGREEMENT WITH AN OWNER.
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(R247, S. 924 (Word version)) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 1999-2000 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP, AND TO PROVIDE THAT A SCHOOL DISTRICT WHICH TAKES ADVANTAGE OF THE ABOVE EXEMPTIONS OR EXEMPTIONS PROVIDED BY ANY OTHER ACT OF THE GENERAL ASSEMBLY FOR SCHOOL YEAR 1999-2000 FOR MISSED SCHOOL DAYS MUST DESIGNATE THREE DAYS IN THE SCHOOL CALENDAR THAT MAY BE USED FOR MAKING UP DAYS MISSED IN SCHOOL YEAR 2000-2001 DUE TO INCLEMENT WEATHER BEFORE THAT DISTRICT MAY SEEK EXEMPTION FOR ADDITIONAL MISSED SCHOOL DAYS.
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(R248, S. 936 (Word version)) -- Senators Cork and Richardson: AN ACT 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 ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
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(R249, S. 1108 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEY'S FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R250, S. 1137 (Word version)) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.
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(R251, S. 1186 (Word version)) -- Senators Matthews and Hutto: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE, AND TO AUTHORIZE THE COMMITTEE TO EXPEND CERTAIN FUNDS FOR CONTRACTUAL SERVICES.
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(R252, H. 3430 (Word version)) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: AN ACT TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION; TO AMEND SECTION 56-3-3320 AND SECTION 56-3-1110, BOTH AS AMENDED, RELATING TO THE SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS AND FOR DISABLED VETERANS, RESPECTIVELY, SO AS TO PROVIDE THAT THOSE PLATES MAY ALSO INCLUDE THE HANDICAPPED SYMBOL IF THE REGISTRANT ALSO QUALIFIES FOR THAT DESIGNATION; AND TO PROVIDE FOR A GRACE PERIOD BEFORE ENFORCEMENT OF DELINQUENT VEHICLE REGISTRATIONS FOR RENEWALS DUE BEFORE APRIL 30, 2000, TO PROHIBIT TRAFFIC CITATIONS FOR DELINQUENT RENEWALS UNTIL MAY 16, 2000, AND TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO GIVE ALL LAW ENFORCEMENT AGENCIES NOTICE OF THESE GRACE PROVISIONS.
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(R253, H. 3617 (Word version)) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 2000" TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELLFISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE UNLAWFUL USE OF NETS OR SEINES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER, SO AS TO FURTHER PROVIDE FOR SUCH USE; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO ADD SECTION 50-5-1335 SO AS TO PROHIBIT THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND; TO ADD SECTION 50-5-580 SO AS TO PROHIBIT GIGGING FOR FISH IN CERTAIN SALT WATERS IN GEORGETOWN COUNTY DURING DAYLIGHT HOURS; TO ADD SECTION 50-1-300 SO AS TO PROVIDE THAT UNLESS SPECIFICALLY AUTHORIZED, ALL REGULATIONS PROMULGATED UNDER THE AUTHORITY OF TITLE 50 MUST BE PROMULGATED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 RELATING TO VARIOUS WILDLIFE MARINE RESOURCE LAWS; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
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(R254, H. 4462 (Word version)) -- Reps. Young-Brickell, Cobb-Hunter, Bailey and Chellis: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF DORCHESTER COUNTY SCHOOL DISTRICT TWO DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW OR HURRICANE FLOYD, INCLUDING THE FLOODING THAT FOLLOWED, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R255, H. 4483 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R256, 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.
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(R257, 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.
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(R258, H. 4660 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
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(R259, H. 4723 (Word version)) -- Reps. R. Smith, Clyburn, Sharpe and Perry: AN ACT 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 AND TO CHANGE THE MAP REFERENCE ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Senator RAVENEL asked unanimous consent to make a motion to make the Bill a Special Order.
Senator MOORE objected.
Senator RAVENEL explained the Bill.
By a division vote of 22-13, the motion to make the Bill a Special Order failed.
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, Bauer and Mescher: 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 ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS' CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.
Senator MOORE asked unanimous consent to make a motion to make the Bill a Special Order.
Senator MARTIN raised a Point of Order that, under Rule 33B, the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Major Brison Phillips, who died Sunday, March 19, 2000, while flying his F-16. A former Thunderbird pilot, Major Phillips was assigned to the 78th Fighter Squadron at Shaw Air Force Base and was commander of the 9th Air Force F-16 Demonstration Team. Major Phillips had been stationed at Shaw Air Force Base since January 1997. He had more than 10 years' experience in F-16's including 130 combat sorties, more than 2,600 flight hours and 2,300 hours in the F-16. Major Phillips flew combat missions in Iraq during Desert Storm, Desert Shield and Northern Watch and over Bosnia during Operation Deny Flight. A native of Dallas and a graduate of Texas A&M University, Major Brison Phillips is survived by his family. His contributions to the State of South Carolina and his nation will always be remembered by a grateful State.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 24, 2000, it stand adjourned to meet next Tuesday, March 28, 2000, at 12:00 Noon, which motion was adopted.
At 1:00 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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