Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT Senator WILLIAMS, PRESIDENT Pro Tempore. A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we return to these halls, with the sounds of the Easter trumpets and the Easter anthems still ringing in our ears, hear the words of the angel at the tomb in Jerusalem... as recorded by St. Mark (16:6-7):
"Don't be alarmed," he said. "You are looking
for Jesus the Nazarene, who was crucified. He
is risen! He is not here. See the place where
they laid Him. But go, tell His disciples
and Peter, He is going ahead of you into
Galilee. There you will see Him, just as He
told You."
Let us pray.
Eternal Father, we thank You for the Easter message and the Easter faith.
You also have given us a resplendent world. Let the resurrection of springtime be a symbol of the resurrection of life after death.
We pray for our nation... mighty in power... and deep in economic, social and spiritual need.
Give us, we pray, a resurrection of morality and ethical idealism in all areas of our life both within our country and among the nations of our planet.
We pray in the name of Him who is "the Resurrection and the Life!"
Amen!
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 4, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Children's Trust Fund of S.C., with term to expire June 30, 1996:
3rd Congressional District:
Mr. John Mattison Geer, Jr., 208 Payne Lane, Clemson, S.C. 29631
Referred to the General Committee.
Initial Appointment, Member, Savannah Valley Authority, with term to expire June 30, 1994:
Allendale/Hampton/Jasper:
Mr. E. Larry Hutto, Post Office Box 186, Hampton, S.C. 29924
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, South Carolina Tobacco Advisory Commission, with term to expire September 15, 1997:
At-Large:
Mr. Charles Hampton Snowden, Route 1, Box 73, Hemingway, S.C. 29554
Referred to the Committee on Agriculture & Natural Resources.
Initial Appointment and Reappointment, Member, Board of Financial Institutions, with initial term to expire June 30, 1993, and full term to expire June 30, 1997:
Banker:
Mr. Robert E. Coffee, President, First Atlantic Bank, Post Office Box 549, Little River, S.C. 29566 VICE J. Philip Land (resigned)
Referred to the Committee on Banking and Insurance.
March 8, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment and Reappointment, Member, S.C. Alcoholic Beverage Control Commission, with partial term to expire June 21, 1993, and full term to expire June 21, 1999:
At-Large:
Mr. B. Boykin Rose, 42 Church Street, Charleston, S.C. 29401 VICE A. Wayne Crick, III (resigned)
Referred to the Committee on Judiciary.
March 10, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1995:
6th Congressional District:
Toney Graham, Jr., M.D., Route 2, Box 273, Lake City, S.C. 29560
Referred to the Committee on Medical Affairs.
Reappointment, Member, Commission on Women, with term to expire October 18, 1997:
At-Large:
Ms. Clara Holland Heinsohn, 1740 Vassar Drive, Charleston, S.C. 29407
Referred to the General Committee.
March 12, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:
Mr. George F. Abernathy, 988 Iron Ore Road, Spartanburg, S.C. 29303 VICE J.H. Williams (deceased)
March 26, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Savannah Valley Authority, with term to expire June 30, 1994:
Aiken/Barnwell:
Mr. George S. Pardue, 1745 Citation Drive, Aiken, S.C. 29803 (New Seat)
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1994:
At-Large:
David Lee Mahrer, Ph.D., 734 Beckley Court, Lexington, S.C. 29072 VICE Mary Horton Dellamura (resigned)
Referred to the Committee on Finance.
Initial Appointment, Member, Juvenile Parole Board, with term to expire June 30, 1997:
5th Congressional District:
Mr. John Willie David, 1260 Highway 38 South, Bennettsville, S.C. 29512 VICE William Otis Thompson
Referred to the Committee on Corrections and Penology.
Initial Appointment, Member, Savannah Valley Authority, with term to expire June 30, 1994:
Aiken:
Mr. James L. Victor, 342 Barnard Avenue, SE, Aiken, S.C. 29801 (New Seat)
Referred to the Committee on Labor, Commerce and Industry.
March 29, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Berkeley County Magistrate, with term to expire April 30, 1995:
Mr. David J. Shealy, Post Office Box 397, St. Stephen, S.C. 29479 VICE Honorable R.O. Ballentine (deceased)
New Appointment, Georgetown County Magistrate, with term to expire April 30, 1995:
Mr. Hugh Walker, Route 2, Box 217, Hemingway, S.C. 29554
Senator WILSON introduced Dr. Debra Perina of Columbia, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 11:10 A.M., Senator DRUMMOND was granted a leave of absence for today.
H. 3827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOIL CLASSIFIERS BOARD OF REGISTRATION, RELATING TO AMENDING SOIL CLASSIFIERS' REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1614, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
On motion of Senator LEVENTIS, with unanimous consent, the Resolution was referred to the Committee on Labor, Commerce and Industry.
The following were introduced:
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 666 -- Senator Land: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Read the first time and referred to the Committee on Finance.
S. 667 -- Senator Land: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE THAT THE RETIREMENT INCOME DEDUCTION IS THE FIRST THREE THOUSAND DOLLARS OF RETIREMENT INCOME UNTIL AGE SIXTY-FIVE, WHEN THE DEDUCTION IS THE FIRST TEN THOUSAND DOLLARS OF RETIREMENT INCOME.
Read the first time and referred to the Committee on Finance.
S. 668 -- Senator Drummond: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 38, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.
Read the first time and referred to the Committee on Finance.
S. 669 -- Senator Land: A BILL TO AMEND SECTION 4-10-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTIONS FROM THE LOCAL SALES AND USE TAX COUNTY/MUNICIPAL REVENUE FUND, SO AS TO PROVIDE THAT ALL REVENUE FROM THE FUND MUST BE DISTRIBUTED TO COUNTIES AND MUNICIPALITIES BASED ON POPULATION RATHER THAN IN EQUAL PROPORTIONS BASED ON LOCATION OF SALES AND POPULATION.
Read the first time and referred to the Committee on Finance.
S. 670 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-65 SO AS TO DEFINE "COMPUTER SOFTWARE" FOR PURPOSES OF THE SALES AND USE TAX; AND TO AMEND SECTION 12-36-60, RELATING TO THE DEFINITION OF TANGIBLE PERSONAL PROPERTY FOR PURPOSES OF THE SALES AND USE TAX, SO AS SPECIFICALLY TO INCLUDE COMPUTER SOFTWARE WITHIN THE DEFINITION.
Read the first time and referred to the Committee on Finance.
S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
Read the first time and referred to the Committee on Finance.
S. 672 -- Senator Land: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.
Read the first time and referred to the Committee on Finance.
S. 673 -- Senator Land: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Read the first time and referred to the Committee on Finance.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Read the first time and referred to the Committee on Finance.
S. 675 -- Senator Land: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 8, 10, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 OF THE 1976 CODE BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 OF THE 1976 CODE BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE TAX COMMISSION, SO AS TO ALLOW COMMISSIONERS AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN TAX COMMISSION REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1992.
Read the first time and referred to the Committee on Finance.
S. 676 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-65 SO AS TO DEFINE "TELECOMMUNICATIONS" AND "INFORMATION SERVICES" FOR PURPOSES OF THE SALES AND USE TAX AND TO PROVIDE FOR THE APPLICATION OF THE SALES TAX TO SUCH SERVICES; AND TO AMEND SECTIONS 12-36-60, 12-36-70, 12-36-110, 12-36-120, AS AMENDED, 12-36-910, AS AMENDED, 12-36-1310, AND 12-36-2120, AS AMENDED, ALL RELATING TO THE SALES AND USE TAX, SO AS TO CONFORM THEM TO THE REVISED APPLICATION OF THE SALES AND USE TAX TO TELECOMMUNICATIONS AND INFORMATION SERVICES.
Read the first time and referred to the Committee on Finance.
S. 677 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR ANNUAL APPROPRIATIONS TO MATCH FEDERAL FUNDS FOR THE WOMEN, INFANTS AND CHILDREN FARMERS' MARKET NUTRITION PROGRAM.
Read the first time and referred to the Committee on Finance.
S. 678 -- Senator Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.
Read the first time and referred to the Committee on Judiciary.
S. 679 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-462 SO AS TO REQUIRE THE STATE TO DEFEND GOVERNMENT OFFICERS AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, TO REQUIRE THE STATE TO INDEMNIFY THEM FROM LOSS, WHETHER SUED IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE THAT SUCH OFFICERS AND EMPLOYEES ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT WHEN ADMINISTERING A STATE LAW WHICH HAS NOT BEEN HELD UNCONSTITUTIONAL OR UNLAWFUL BY A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION, AND TO DEFINE "FINAL DECISION".
Read the first time and referred to the Committee on Judiciary.
S. 680 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-157 SO AS TO PROVIDE PROCEDURES AND NOTICE REQUIREMENTS FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FOLLOW WHEN WATER QUALITY WITHIN A SHELLFISH AREA DECLINES AND A RECLASSIFICATION IS CONSIDERED.
Read the first time and referred to the Committee on Medical Affairs.
S. 681 -- Senator Land: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
Read the first time and referred to the Committee on Transportation.
S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.
Read the first time and referred to the Committee on Transportation.
S. 683 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Read the first time and referred to the Committee on Education.
Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 600 favorable:
S. 600 -- Senator Leventis: A SENATE RESOLUTION TO WELCOME THE AMERICAN DANCE ENSEMBLE TO SOUTH CAROLINA AND TO INVITE THE ENSEMBLE TO BE PRESENTED TO THE SENATE ON APRIL 21, 1993.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue
Russell
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Independent Consumer Finance Association of S.C. to attend a reception at the Town House on Wednesday, April 21, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue
Russell
At 12:30 P.M., the PRESIDENT assumed the Chair.
On motion of Senator McGILL, with unanimous consent, the following appointments were taken up and confirmed by the Senate and ordered published in the Journal, to wit:
New Appointment, Georgetown County Magistrate, with term to expire April 30, 1995:
Mr. Hugh Walker, Route 2, Box 217, Hemingway, S.C. 29554
Appointment, Berkeley County Magistrate, with term to expire April 30, 1995:
Mr. David J. Shealy, Post Office Box 397, St. Stephen, S.C. 29479
VICE Honorable R. O. Ballentine (deceased)
On motion of Senator COURTNEY, with unanimous consent, the following appointment was taken up and confirmed by the Senate and ordered published in the Journal, to wit:
Initial Appointment, Member, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:
Mr. George F. Abernathy, 988 Iron Ore Road, Spartanburg, S.C. 29303 VICE J. H. Williams (deceased)
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
S. 287 -- Senators Wilson, Ryberg, Giese and Richter: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR ANY OTHER OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
S. 434 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1595 SO AS TO PROVIDE FOR THE MAXIMUM SPACE ALLOCATION FOR GOVERNMENTAL BODIES ENTERING INTO NEW LEASES AND FOR EXCEPTIONS; TO AMEND SECTION 11-35-1510, RELATING TO METHODS OF SOURCE SELECTION UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE A REFERENCE TO SECTION 11-35-1595; AND TO AMEND SECTION 11-35-1590, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO REVISE THE REQUIREMENTS OF A GOVERNMENTAL BODY WHEN IT NEEDS TO ACQUIRE REAL PROPERTY FOR ITS OPERATIONS WHEN STATE-OWNED PROPERTY IS NOT AVAILABLE, AND TO PROVIDE FOR REGULATIONS OF THE BUDGET AND CONTROL BOARD CONCERNING PROCEDURES FOR COMPETITIVE PROPOSALS TO ENSURE THE MOST COST-EFFECTIVE PROCUREMENT OF LEASED SPACE.
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (440R001.ELP), which was adopted:
Amend the bill, as and if amended, page 8, after line 3, by adding an appropriately numbered SECTION to read:
/SECTION . Section 22-3-10 of the 1976 Code is amended to read:
"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed two thousand five hundred dollars five thousand dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed two thousand five hundred dollars five thousand dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed two thousand five hundred dollars five thousand dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed two thousand five hundred dollars five thousand dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding two thousand five hundred dollars five thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed two thousand five hundred dollars five thousand dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by Section 15-35-190;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed two thousand five hundred dollars five thousand dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed two thousand five hundred dollars five thousand dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27; and
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of two thousand five hundred dollars five thousand dollars."/
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JUD549.004), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 16-17-680(A), as contained in SECTION 1, by inserting after the word /pipe/ the following:
/ in excess of ten pounds / .
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 664 -- Senators Matthews, Ford, Glover, Washington, Patterson and Jackson: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MATTHEWS proposed the following amendment (CYY\15458SD.93), which was adopted:
Amend the bill, as and if amended, in Section 59-127-20 of the 1976 Code, as contained in Section 1, by striking the sentence which begins on line 3 of page 3 and inserting:
/In 1993, members from Seats 1, 2, 3, 4, 5, and 11 must be elected, and the term of the member elected in 1993 from Seat 3 shall be one year, the terms of the members elected in 1993 from Seats 1, 2, and 4 shall be two years each, the term of the member elected in 1993 from Seat 11 shall be three years, and the term of the member elected in 1993 from Seat 5 shall be four years./
Amend title to conform.
Senator MATTHEWS explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator HAYES proposed the following amendment (JUD195.002), which was adopted:
Amend the committee report, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:
Section 16-25-10. As used in this article, `family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, and persons cohabitating cohabiting or formerly cohabitating cohabiting.
Section 16-25-20. It is unlawful to: (1) Cause cause physical harm or injury to his or her family or household member, (2) offer or attempt to cause physical harm or injury to his or her family or household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Section 16-25-30. Any person who violates Section 16-25-20 is guilty of criminal domestic violence and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment of for not more than thirty days.
Section 16-25-40. Any person who violates Section 16-25-20 after having previously been twice convicted of a violation of Section 16-25-20 must be punished upon conviction by a fine of not more than three thousand dollars or by imprisonment for not more than three years, or both.
Section 16-25-50. Any A person violating the terms and conditions of an order of protection issued under the `Protection from Domestic Abuse Act' is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than thirty days or by a fine of not more than two hundred dollars. No A person found guilty of a violation of Sections Section 16-25-20 and 16-25-50 this section may not be sentenced under both sections for the same offense.
Section 16-25-60. (A) A person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(C) When any a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.
Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a felony and must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than ten years, or both.
Section 16-25-70. A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.
No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.
Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.
Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."
SECTION 2. Section 20-4-20(b) of the 1976 Code is amended to read:
"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."
SECTION 3. The felony offense provided in Section 16-25-65 is added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator HAYES explained the amendment.
The Judiciary Committee proposed the following amendment (JUD195.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:
Section 16-25-10. As used in this article, `family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, and persons cohabitating cohabiting or formerly cohabitating cohabiting.
Section 16-25-20. It is unlawful to: (1) Cause cause physical harm or injury to his or her family or household member, (2) offer or attempt to cause physical harm or injury to his or her family or household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Section 16-25-30. Any person who violates Section 16-25-20 is guilty of criminal domestic violence and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment of for not more than thirty days.
Section 16-25-40. Any person who violates Section 16-25-20 after having previously been twice convicted of a violation of Section 16-25-20 must be punished upon conviction by a fine of not more than three thousand dollars or by imprisonment for not more than three years, or both.
Section 16-25-50. Any A person violating the terms and conditions of an order of protection issued under the `Protection from Domestic Abuse Act' is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than thirty days or by a fine of not more than two hundred dollars. No A person found guilty of a violation of Sections 16-25-20 and 16-25-50 this section may not be sentenced under both sections for the same offense.
Section 16-25-60. (A) A person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(C) When any a person is convicted of a violation of Section 16-25-40, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.
Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than ten years, or both.
Section 16-25-70. A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.
No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.
Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.
Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."
SECTION 2. Section 20-4-20(b) of the 1976 Code is amended to read:
"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HAYES explained the amendment.
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.
S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (436\11237AC.93), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-2-30(B) and inserting:
/(B) Notwithstanding any provision of law to the contrary, there must be deposited in the fund all fees as authorized by this chapter to be collected for the following environmental programs administered by the department, including fees for environmental permits, licenses, certificates, and registrations:
(1) Pollution Control Act;
(2) Clean Air Act;
(3) Safe Drinking Water Act;
(4) Hazardous Waste Management Act;
(5) Atomic Energy Act;
(6) Oil and Gas Act;
(7) any environmental program for which applicable federal law requires the establishment and collection of fees./
Amend further, Section 48-2-50(H)(1)(a) by inserting after /Systems/ on page 5, line 5, /; however, annual operating fees for both major and minor facilities must be calculated based on the previous year's actual flow as reported to the department/.
Amend further, Section 40-2-50(H)(1)(c)(iii) by inserting after /Facilities/ on page 6, line 9, /, provided that fees for modifications without expansions for both major and minor facilities must be assessed by the department only for those modifications which require the actual submission of plans and specifications to the department for engineering review/.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
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.
S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (BBM\10472BD.93), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-35-40(D) of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:
"(D) Each applicant for a nursing home administrator or community residential care facility administrator license shall request undergo a state fingerprint review to be conducted by the State Law Enforcement Division to conduct a determine state criminal records check and to furnish history and a federal fingerprint review to be conducted by the Federal Bureau of Investigation to determine other criminal history. The results of the reviews must be furnished to the board by the applicant before initial licensing. If a fee is charged by the Federal Bureau of Investigation for the review, it must be paid by the applicant. This action is required of each owner and administrator of a proprietorship or partnership. In the case of a corporation, this action is required of each owner of five percent or more of each class of outstanding stock, and the chairman of the board and president. Where licensees are governmental agencies, the criminal records check must be obtained on the individual who is the administrator of the governmental facility. The board may deny an application for licensure where the results of the check reviews meet the misconduct provisions of Section 40-35-130(11)."
SECTION 2. This act takes effect upon approval by the Governor and applies to applications for administrator under Section 40-35-40(D) of the 1976 Code after the effective date./
Amend title to conform.
Senator BRYAN spoke on the amendment.
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.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question was the adoption of Amendment No. 2 (235R003.JFM) proposed by Senators McCONNELL and ROSE and previously printed in the Journal of Thursday, April 1, 1993.
Senator McCONNELL argued in favor of the adoption of the amendment.
At 1:09 P.M., Senator CORK requested a leave of absence for the balance of the day.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
Senator STILWELL proposed the following Amendment No. 2A (235R009.SHS), which was withdrawn:
Amend amendment number 2, as and if amended, bearing document 235R003.GFM, by striking all after the word / unless / and inserting the following in lieu thereof:
As last sentence
/The article or report disseminating the information specifically states that the source of the information was granted confidentiality pursuant to law. /
Renumber sections to conform.
Amend title to conform.
Senator STILWELL explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 2A was withdrawn.
The question then was the adoption of Amendment No.2.
Senator ROSE argued in favor of the adoption of Amendment No. 2.
At 1:15 P.M., Senator LANDER requested a leave of absence for the balance of the day.
At 1:25 P.M. (Adjournment), Senator SHORT requested a leave of absence for the balance of the week.
Senator ROSE continued arguing in favor of the adoption of Amendment No. 2.
On motion of Senators McCONNELL and ROSE, with unanimous consent, Amendment No. 2 was withdrawn.
On motion of Senator MOORE, debate was interrupted by adjournment.
At 1:30 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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