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, today is Ash Wednesday in Christendom.
Hear words from the Genesis story of Sodom and Gomorrah (18:26-28):
"And the Lord said, _If I find at Sodom
fifty righteous in the city, I will forgive
the whole place for their sake._
Abraham answered, _Let me take it upon my-
self to speak to the Lord, I who am but
dust and ashes_."
Let us pray.
Good Lord, we talk much about "values."
Please refer us to the Holy Scriptures where we can find the real word about "values"... absolute values.
Let us hear Job when he said (13:12):
"Your maxims are proverbs of ashes,
your defenses are defenses of clay."
In the defining moments of our lives when we so often must choose between LIFE and DEATH, help us to choose Life, remembering that before our great Judge all we can bring is the knowledge that we are "dust and ashes"... but God does offer Life on His conditions.
Thanks be to God!
Amen!
Senator RAVENEL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Anderson Courtney Drummond Lander Martin McConnell Mescher Passailaigue Ravenel Rose Ryberg Thomas Wilson
At 11:07 A.M., Senator DRUMMOND moved that the Senate stand in recess not to exceed fifteen minutes.
Senators ALEXANDER, BRYAN, CORK, COURSON, FAIR, FORD, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MATTHEWS, McGILL, MOORE, O'DELL, PATTERSON, PEELER, RANKIN, REESE, RUSSELL, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, WALDREP and WASHINGTON recorded their presence subsequent to the Call of the Senate.
At 11:20 A.M., a quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 2105
Promulgated by Clemson University-State Crop Pest Commission
Boll Weevil Eradication
Received by Lt. Governor February 11, 1997
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 11, 1997
Document No. 2112
Promulgated by Clemson University-State Crop Pest Commission
Imported Fire Ant Quarantine
Received by Lt. Governor February 11, 1997
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 11, 1997
Document No. 2113
Promulgated by Clemson University-State Crop Pest Commission
Tobacco Plant Certification
Received by Lt. Governor February 11, 1997
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 11, 1997
On motion of Senator McCONNELL, at 11:00 A.M., Senator WILLIAMS was granted a leave of absence for today.
At 11:45 A.M., Senator DRUMMOND requested a leave of absence until 2:00 P.M.
On motion of Senator ROSE, at 12:05 P.M., Senator MESCHER was granted a leave of absence for the balance of the day.
The following were introduced:
S. 352 -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-25 SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A PARENT OR GUARDIAN WHOSE CHILD OR WARD WILL REACH THE AGE OF FOUR, FIVE, OR SIX BEFORE THE END OF DECEMBER OF A PARTICULAR SCHOOL YEAR MAY ELECT TO HAVE THAT CHILD BEGIN FOUR-YEAR-OLD KINDERGARTEN, FIVE-YEAR-OLD KINDERGARTEN, OR THE FIRST GRADE AS APPLICABLE IF IN THE PARENT'S OR GUARDIAN'S OPINION THE CHILD IS PHYSICALLY AND MENTALLY READY TO BEGIN THAT GRADE, TO PROVIDE THAT BEGINNING IN SCHOOL YEAR 2000 A CHILD WHOSE BIRTHDAY FALLS BEFORE THE END OF DECEMBER MAY TAKE A "CHALLENGE TEST" ADMINISTERED AND DEVELOPED BY THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER THE CHILD IS INTELLECTUALLY PREPARED TO BEGIN KINDERGARTEN OR FIRST GRADE THAT YEAR AS MAY BE APPLICABLE, TO PROVIDE THAT THE AGE RESTRICTIONS OF SECTION 59-63-20 DO NOT APPLY TO A CHILD WHO PASSES THE "CHALLENGE TEST", TO PROVIDE THAT A SCHOOL DISTRICT IS ENTITLED TO STATE AID FOR ANY STUDENT WHO IS ENROLLED PURSUANT TO THIS SECTION AND TO PROVIDE FOR THE IMPLEMENTATION OF RULES AND REGULATIONS TO ADMINISTER THE PROGRAM.
Read the first time and referred to Committee on Education.
S. 353 -- Senators Thomas and Giese: A BILL TO AMEND SECTION 12-37-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRORATED REFUND OF PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE WHEN THE TITLE TO THE VEHICLE IS TRANSFERRED OR THE VEHICLE IS REGISTERED IN ANOTHER STATE, SO AS TO AUTHORIZE A PRORATED REFUND OF TAXES FOR THE PERIOD BETWEEN THE TRANSFER OF THE VEHICLE TITLE AND THE TRANSFERRING OF THE LICENSE PLATE TO ANOTHER VEHICLE, TO REQUIRE THIS PERIOD TO BE AT LEAST THIRTY DAYS BEFORE ANY REFUND IS DUE, TO PROVIDE THE METHOD OF CLAIMING THE REFUND, AND TO DIRECT THE DEPARTMENT OF REVENUE AND PUBLIC SAFETY JOINTLY TO PRESCRIBE THE APPROPRIATE FORM AND METHODS OF PROVING ELIGIBILITY.
Read the first time and referred to Committee on Finance.
S. 354 -- Senator Leatherman: A BILL TO AMEND SECTION 12-56-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION BY THE DEPARTMENT OF REVENUE OF WHETHER A REFUND IS DUE THE DEBTOR IN A REFUND SETOFF CLAIM, SO AS TO PROVIDE FOR PAYMENT OF THE DEPARTMENT'S ADMINISTRATIVE EXPENSES; AND TO AMEND SECTION 12-56-70, RELATING TO PRIORITY OF CLAIMS TO A REFUND, SO AS TO REDUCE TO LAST THE PRIORITY OF INTERNAL REVENUE SERVICE CLAIMS.
Read the first time and referred to Committee on Finance.
S. 355 -- Senator Mescher: A BILL TO AMEND ARTICLE 3, CHAPTER 31 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC WORKS, BY ADDING SECTION 5-31-290, SO AS TO AUTHORIZE THE DEVOLVING OF CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COMMISSIONERS OF PUBLIC WORKS TO A LOCAL GOVERNING BODY BY THE PASSAGE OF AN ORDINANCE OR RESOLUTION AGREEING TO ACCEPT SUCH POWERS, DUTIES, AND RESPONSIBILITIES.
Read the first time and referred to Committee on Judiciary.
S. 356 -- Senators Hayes, Fair and J. Verne Smith: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR SO AS TO PROVIDE THAT THIS SECTION DOES NOT REQUIRE A MINOR TO BE CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
Read the first time and referred to Committee on Judiciary.
S. 357 -- Senators Saleeby and Wilson: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, AND TO FURTHER PROVIDE FOR THE FILING REPOSITORY FOR THESE STATEMENTS; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO CHANGE THE FILING REPOSITORIES FOR THESE ITEMS; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE THAT PARTIES NOMINATING CANDIDATES BY PARTY PRIMARY MUST VERIFY QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-45, RELATING TO FILING AS A CANDIDATE, SO AS TO PROVIDE WHERE PERSONS MAY FILE AS CANDIDATES; AND TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION MUST VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT.
Read the first time and referred to Committee on Judiciary.
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Read the first time and referred to Committee on Labor, Commerce and Industry.
S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
Read the first time and referred to Committee on Medical Affairs.
S. 360 -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 45-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
Read the first time and referred to Committee on Medical Affairs.
S. 361 -- Senator Mescher: A BILL TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1995-96 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
Senator MESCHER spoke on the Bill.
Read the first time and on motion of Senator MESCHER, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator MESCHER, S. 361 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 362 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 363 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 364 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROVIDING FOR THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 365 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 366 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 367 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 368 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 369 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 370 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 371 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 372 -- Senators Drummond and O'Dell: A SENATE RESOLUTION TO COMMEND MRS. PEGGY S. MCQUOWN OF GREENWOOD COUNTY UPON BEING NAMED THE SOUTH CAROLINA MOTHER OF THE YEAR FOR 1997.
The Senate Resolution was adopted.
S. 373 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH HAMILTON STREET IN WILLIAMSTON, SOUTH CAROLINA, AS "ED POORE ROAD" IN HONOR OF C. EDWARD POORE AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.
Whereas, C. Edward Poore has been a dedicated and selfless public servant in the town of Williamston and Anderson County; and
Whereas, Mr. Poore served Anderson County for over 50 years as an alderman, road commissioner, magistrate, coroner, and county supervisor; and
Whereas, during his tenure as county supervisor, Anderson County enjoyed years of fiscal responsibility under his leadership, while also finding the resources to purchase much needed office equipment for county employees; and
Whereas, Mr. Poore initiated and supervised the renovations to the local hospital, presently known as the Anderson Area Medical Center; and
Whereas, his work as administrator of a local detention center resulted in the paving and maintaining of many roads in Anderson County; and
Whereas, Mr. Poore has earned the utmost respect from all the citizens of Anderson County for his talent, leadership, integrity, and excellence in his job and community; and
Whereas, the members of the General Assembly believe it is fitting and proper that the work and service to which C. Edward Poore dedicated his life be recognized by naming South Hamilton Street in Williamston, S.C., where he has lived for most of his 82 years, as "Ed Poore Road". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the Department of Transportation to designate and name South Hamilton Street in Williamston, S.C., as "Ed Poore Road" in honor of C. Edward Poore and to erect the appropriate signs or markers.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Mr. Poore.
Introduced and referred to the Committee on Transportation.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 8 -- Senator Rose: A BILL TO AMEND SECTION 2-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINTING AND DISTRIBUTION OF THE LEGISLATIVE MANUAL, SO AS TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES, BEGINNING WITH THE 112TH GENERAL ASSEMBLY AND CONTINUING WITH EACH GENERAL ASSEMBLY THEREAFTER, TO PUBLISH THE LEGISLATIVE MANUAL ONLY ONCE DURING EACH SUCCESSIVE BIANNUAL SESSION OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 168 -- Senator Rose: A CONCURRENT RESOLUTION TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES TO PUBLISH THE SOUTH CAROLINA LEGISLATIVE MANUAL ONLY ONCE DURING THE 112TH GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 218 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 224 -- Senator Holland: A BILL TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-70 FOR THE PURPOSE OF HEARING APPEALS.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 3353 favorable:
H. 3353 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 1997.
Courson Wilson Matthews Patterson Passailaigue Rose McGill Washington
Russell O'Dell
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 236 -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
S. 338 -- Senator Setzler: A JOINT RESOLUTION TO APPROPRIATE FOR FISCAL YEAR 1996-97 SIX MILLION SEVEN HUNDRED THOUSAND DOLLARS TO THE DEPARTMENT OF EDUCATION FROM CERTAIN 1996-97 SURPLUS GENERAL FUND REVENUES TO FUND THE BASE STUDENT COST FIGURE IN THE EDUCATION FINANCE ACT FORMULA ADJUSTED TO REFLECT THE ACTUAL NUMBER OF STUDENTS IN ORDER TO PROVIDE ONE HUNDRED PERCENT OF FULL IMPLEMENTATION OF THE EDUCATION FINANCE ACT.
(By prior motion of Senator SETZLER, with unanimous consent)
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 41 -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS 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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator BRYAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ENACT THE REINSURANCE FACILITY AND RECOUPMENT FEES TO REFORM THE STRUCTURE OF AUTOMOBILE INSURANCE. (ABBREVIATED TITLE)
Senator MARTIN spoke on the Bill.
Senator LEATHERMAN assumed the Chair at 12:02 P.M.
Senator MARTIN continued speaking on the Bill.
Senator MARTIN proposed the following Amendment No. 1 (254R005.LAM), which was laid on the table:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION _______. Chapter 77, Title 38 of the 1976 Code is amended by adding:
"Section 38-77-144. (A) (1) Except as provided in subsection (B), no person may recover noneconomic loss under a policy or contract of bodily injury insurance covering liability arising from the ownership, maintenance, or use of a motor vehicle unless the economic loss exceeds the minimum coverage amount specified in Section 38-77-140 for bodily injury to one person in one accident.
(2) This section applies:
(a) when a person seeks to recover from another person's bodily injury liability insurance policy or contract; or
(b) when a person seeks to recover from their own insurance policy or contact under an uninsured motorist or underinsured motorist provision.
(B) A person may recover noneconomic loss for bodily injury when the economic loss does not exceed the minimum coverage amount specified in Section 38-77-140 for bodily injury to one person in one accident if the other party:
(1) was involved in the motor vehicle accident for which recovery is sought while committing a felony;
(2) was driving under the influence of alcohol or drugs;
(3) was uninsured;
(4) was driving under suspension;
(5) failed to stop for a blue light; or
(6) was grossly negligent.
(C) 'Economic loss' means actual pecuniary loss and actual monetary expenses incurred by or on behalf of an injured person as the result of an accidental bodily injury consisting only of medical expense, work loss, loss of earnings capacity, replacement services loss, and death benefits.
(D) 'Noneconomic loss' means any loss other than economic loss and includes, but is not necessarily limited to, pain, suffering, inconvenience, mental anguish, emotional pain and suffering, hedonic damages, and loss of any of the following: consortium, society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education. Noneconomic loss does not include economic loss caused by pain and suffering or by physical impairment."/
Amend title to conform.
Renumber sections to conform.
Senator MARTIN explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
The PRESIDENT assumed the Chair at 12:52 P.M.
Senator McCONNELL continued arguing contra to the adoption of the amendment.
Senator MOORE spoke on the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
Senator COURTNEY assumed the Chair at 1:35 P.M.
Senator PASSAILAIGUE continued arguing contra to the adoption of the amendment.
Senator MARTIN moved that the amendment be adopted.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG desired to be recorded as voting against the motion to table the amendment.
Senator McCONNELL proposed the following Amendment No. 2 (254I001.GFM), which was adopted:
Amend the bill, as and if amended, page 20, lines 27 and 28 (iv) by striking after /motorcycles./ the following:
/motor-driven cycles, motor scooters, and mopeds./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL, LEVENTIS, COURTNEY and ROSE proposed the following Amendment No. 4 (254I004.GFM), which was adopted:
Amend the bill, as and if amended, page 31, after line 10, by inserting the following:
/Section 38-77-126. Insurers must disclose to the insured if the rate level is higher than the lowest rate level tier for that insurer or the group to which the insurer belongs. The insurer must provide in writing the reason for the higher tier./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 5 (JUD0254.002), which was adopted:
Amend the bill, as and if amended, page 12, line 28, in Section 56-10-520, as contained in SECTION 2, by striking line 28 and inserting therein the following:
/prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, /.
Amend the bill further, as and if amended, page 13, line 24, in Section 56-10-530, as contained in SECTION 2, by inserting the following after /suspension./:
/Notice of such suspension shall be made in the form provided for in Section 56-1-465./.
Amend the bill further, as and if amended, page 13, beginning on line 35, in Section 56-10-530, as contained in SECTION 2, by striking /must be/ and inserting therein / is /.
Amend the bill further, as and if amended, page 14, line 18, in Section 56-10-535, as contained in SECTION 2, by striking line 18 in its entirety and inserting / prescribed by the director /.
Amend the bill further, page 14, line 22, in Section 56-10-535, as contained in SECTION 2, by striking /as required in 56-9-35, et seq /.
Amend the bill further, page 14, line 30, in Section 56-10-540, as contained in SECTION 2, by striking /as required/ and inserting therein / in a manner prescribed by the director. Notice of such suspension shall be made in the form provided for in Section 56-1-465. /.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 6 (254I007.LEV), which was adopted:
Amend the bill, as and if amended, page 27, line 6, after the word / insurance. / by inserting the following:
/The insurer must disclose in writing whether the insured is ceded to the facility./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senators SALEEBY and McCONNELL proposed the following Amendment No. 7 (254I003.EES), which was adopted:
Amend the bill, as and if amended, page 48, by striking line 10 and inserting the following:
/cede to the facility after October 1, 1998. Insurers are not required to cede to the facility after March 1, 1998, and business ceded after March 1, 1998, must be renewal business to the facility. All renewal business ceded after March 1, 1998, must be ceded at the rate level approved for the reinsurance facility after combining its expense component with the loss component referenced in Section 38-77-596./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator ANDERSON proposed the following Amendment No. 8 (254R008.RA), which was adopted:
Amend the bill, as and if amended, page 48, after line 6, by adding the following:
/SECTION . An insurer, its agent, or an insurance broker doing business in this State may not make or permit any discrimination in favor of individuals between insureds of the same class and risk involving the same hazards in the amount of the payment of premiums or rates charged for policies of insurance except as provided in Sections 38-57-140, 38-65-310, and 38-71-1110, in the dividends or other benefits payable, or in any other of the terms and conditions of the contracts it makes. An insurer, its agent, or an insurance broker may not make a contract of insurance or agreement as to a contract other than as plainly expressed in the policy issued. An insurer or its officer, agent, solicitor, or representative or an insurance broker may not pay, allow, or give or offer to pay, allow, or give, directly or indirectly, as inducement to the taking of insurance any special favor or advantage in the dividends or other benefits to accrue from the policy, any paid employment or contract for services of any kind, or any valuable consideration or inducement not specified in the policy contract of insurance, or give, sell, or purchase or offer to give, sell, or purchase, as inducement to the taking of insurance of in connection therewith, any stocks, bonds, or other securities of an insurer or other corporation, association, or partnership, any dividends or profits to accrue from them, or anything of value not specified in the policy./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 9 (254I008.MTR), which was adopted:
Amend the bill, as and if amended, page 48, by adding after line 6, the following:
/SECTION _____. Chapter 10, Title 56 of the 1976 Code is amended by adding:
"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.
(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.
(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.
(D) The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."/
Amend title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
The PRESIDENT assumed the Chair at 1:50 P.M.
Senator McCONNELL proposed the following Amendment No. 10 (254I006.GFM), which was adopted:
Amend the bill, as and if amended, page 16, by striking line 15 and inserting the following:
/by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits."/
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 254 - The South Carolina General Assembly does not establish rates for automobile insurance in the Palmetto State. I introduced the original consumer choice no-fault plan in a previous legislative session. Choice no-fault failed to pass, which is unfortunate because it is the only insurance structure that has the potential to stabilize automobile insurance rates over a period of years. Because it eliminates the recoupment charge, S. 254 is a better plan than the current automobile insurance structure and, therefore, I voted in the affirmative. However, I do not believe the automobile insurance rates will be lowered until the costs of vehicle, medical costs and the accident rates are reduced in South Carolina.
I voted in favor of S. 254 because it does away with the recoupment fee. However, I am greatly concerned that some safe or clean drivers will pay higher rates for reasons over which they have no control. Also, with the elimination of recoupment, high risk or bad drivers, under our present system will receive a break. This will occur with the very worst drivers and no doubt will concern many of our constituents.
We desperately need highway safety and tort reform coupled with this Bill and its change of the residual market.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Theodore S. Blanchard of Sullivan's Island, S.C.
At 1:58 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:46 A.M.