THURSDAY, JUNE 8, 2000
Thursday, June 8, 2000
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., under the provisions of S.1430, the Sine Die Resolution, the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator SETZLER.
RATIFICATION OF ACTS
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 8, 2000, at 4:15 P.M. and the following Acts and Joint Resolutions were ratified:
(R400, S. 109) -- Senators Thomas, Ryberg, Hayes and Hutto: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15917 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS UPON ANY PERSON WHO IS NOT GOING TO OR FROM, OR ATTENDING A REGULARLY OR SPECIALLY SCHEDULED CHURCH SERVICE, OR OTHER RELIGIOUS SERVICE.
L:\COUNCIL\ACTS\109CM00.DOC
(R401, S. 283) -- Senators Wilson, Giese and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 811180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN TEN DAYS PAID LEAVE IN A CALENDAR YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS WITH THE APPROVAL OF THE EMPLOYEE’S EMPLOYER AND ON THE REQUEST OF THE AMERICAN RED CROSS FOR THE SERVICES OF THAT EMPLOYEE.
L:\COUNCIL\ACTS\283HTC00.DOC
(R402, S. 300) -- Senator Hutto: AN ACT TO AMEND SECTION 157860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTANCES IN WHICH A GOVERNMENTAL ENTITY IS NOT LIABLE FOR CERTAIN LOSSES, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR CERTAIN ACTS OR OMISSIONS COMMITTED BY SPECIAL STATE CONSTABLES APPOINTED UPON THE RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION; TO AMEND SECTION 23730, RELATING TO THE OATH CERTAIN SPECIAL STATE CONSTABLES MUST TAKE AND THE SURETY BOND THEY MUST GIVE AND FILE IN THE OFFICE OF THE SECRETARY OF STATE, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE GIVING AND FILING OF A SURETY BOND WITH THE SECRETARY OF STATE IS CONDITIONED UPON THE PAYMENT OF ANY JUDGMENT AGAINST A SPECIAL STATE CONSTABLE IN ANY COURT 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; AND TO AMEND SECTION 23770, RELATING TO CERTAIN SPECIAL STATE CONSTABLES AND THEIR SURETIES BEING ANSWERABLE ON THE SPECIAL STATE CONSTABLES’ BOND FOR THEIR ACTS OF MALFEASANCE, NONFEASANCE, MISFEASANCE, OR ANY UNLAWFUL ACT PERFORMED UNDER COLOR OF OFFICE, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THE STATE’S TORT CLAIMS ACT IS THE SOLE REMEDY FOR ANY TORT COMMITTED BY CERTAIN SPECIAL STATE CONSTABLES WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
L:\COUNCIL\ACTS\300CM00.DOC
(R403, S. 470) -- Senator Martin: AN ACT TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO FURTHER DEFINE “PEEPING TOM” TO INCLUDE THE USE OF VIDEO OR AUDIO EQUIPMENT FOR ILLEGAL PURPOSES DESCRIBED HEREIN; TO PROHIBIT A PERSON FROM COMMITTING THE CRIMES OF VOYEURISM AND AGGRAVATED VOYEURISM, TO DEFINE BOTH TERMS AND PROVIDE PENALTIES; TO DEFINE A “PLACE WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF PRIVACY”, “SURVEILLANCE”, AND “VIEW”; TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY, AND TO PROVIDE SECURITY SURVEILLANCE, LAW ENFORCEMENT, AND BONA FIDE NEWSGATHERING ACTIVITIES FOR WHICH THE PROVISIONS OF THIS SECTION DO NOT APPLY; AND TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO THE CONVICTIONS THAT REQUIRE AN OFFENDER REGISTER AS A SEX OFFENDER, SO AS TO INCLUDE VOYEURISM AND AGGRAVATED VOYEURISM.
L:\COUNCIL\ACTS\470SOM00.DOC
(R404, S. 721) -- Senator Saleeby: AN ACT TO AMEND SECTION 427310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW, SO AS TO PROVIDE THAT THE SECOND INJURY FUND SHALL MAKE PAYMENTS IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN SECTION 429410 WHICH RELATE TO REIMBURSEMENTS FROM THE FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, TO REVISE THE MANNER OF FUNDING THE SECOND INJURY FUND THROUGH EQUITABLE ASSESSMENTS UPON ALL INSURANCE CARRIERS, SELF-INSURERS, AND THE STATE ACCIDENT FUND, AND TO PROVIDE A DEFINITION FOR THE TERM “NORMALIZED PREMIUM”.
L:\COUNCIL\ACTS\721CM00.DOC
(R405, S. 746) -- Judiciary Committee: AN ACT TO AMEND SECTION 7710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.
L:\COUNCIL\ACTS\746DW00.DOC
(R406, S. 986) -- Senator Drummond: AN ACT TO AMEND SECTION 56110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREEWHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREEWHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREEWHEEL VEHICLE; TO AMEND SECTION 561130, AS AMENDED, RELATING TO DRIVER’S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR MOTORCYCLE THREEWHEEL VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56320, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREEWHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREEWHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREEWHEEL VEHICLE; TO AMEND SECTION 563120, AS AMENDED, RELATING TO EXEMPTIONS FROM REGISTRATION AND LICENSING, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 563630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREEWHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 563760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREEWHEEL VEHICLE; TO AMEND SECTION 565140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE “DETACHABLE SIDE CAR”; TO AMEND SECTION 565145, RELATING TO THE DEFINITION OF A THREEWHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREEWHEEL VEHICLE; TO ADD SECTION 565155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREEWHEEL VEHICLE; TO AMEND SECTION 561910, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A MOTORCYCLE THREEWHEEL VEHICLE; AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO
RETAIN MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 19992000.
L:\COUNCIL\ACTS\986SOM00.DOC
(R407, S. 1008) -- Senators Holland and Hutto: AN ACT TO AMEND SECTION 561460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO INCREASE PENALTIES; TO AMEND SECTION 223545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT, SO AS TO PROVIDE THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE RETAINS SUPERVISION OVER THE TRANSFERRED CASES; AND TO ADD SECTION 243965, SO AS TO PROVIDE THE OFFENSES OF PROVIDING CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, TO PRISONERS AND OF POSSESSION OF CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, BY PRISONERS MUST BE TRIED EXCLUSIVELY IN THE MAGISTRATE’S COURT.
L:\COUNCIL\ACTS\1008SOM00.DOC
(R408, S. 1042) -- Senators Saleeby and Passailaigue: AN ACT TO AMEND SECTION 111720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR COVERAGE UNDER STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES, THE GREENVILLESPARTANBURG AIRPORT DISTRICT, COOPERATIVE EDUCATIONAL SERVICE CENTER EMPLOYEES, SPECIAL PURPOSE DISTRICTS THAT PROVIDE FIRE SERVICE OR FIRE SERVICE COMBINED WITH OTHER SERVICES, SOIL AND WATER CONSERVATION DISTRICTS,
THE SOUTH CAROLINA SHERIFF’S ASSOCIATION, AND THE PEE DEE REGIONAL AIRPORT.
L:\COUNCIL\ACTS\1042AC00.DOC
(R409, S. 1078) -- Senator Leventis: AN ACT TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, BY ADDING SECTION 463390, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS, AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
L:\COUNCIL\ACTS\1078DJC00.DOC
(R410, S. 1145) -- Senator Holland: AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, BY ADDING SECTION 236435 SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING; BY ADDING SECTION 23365 TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SHALL ADMINISTER THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM TO PROVIDE COUNSELING SERVICES TO REQUESTING LAW ENFORCEMENT AGENCIES WHO EXPERIENCE DEATH OR OTHER TRAGEDY IN THEIR AGENCY.
L:\COUNCIL\ACTS\1145SOM00.DOC
(R411, S. 1163) -- Senator McConnell: AN ACT 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; TO AMEND SECTION 383350, AS AMENDED, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION MAY INCLUDE A PROVISION FOR SUBROGATION IN A CONTRACT ISSUED AFTER JANUARY 1, 1988 TO THE ENROLLEE’S RIGHT OF RECOVERY AGAINST A THIRD PARTY FOR NOT MORE THAN THE AMOUNT OF INSURANCE BENEFITS THAT THE HEALTH MAINTENANCE ORGANIZATION HAS PAID PREVIOUSLY IN RELATION TO THE ENROLLEE’S INJURY BY THE LIABLE THIRD PARTY; TO AMEND CHAPTER 71 OF TITLE 38, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 19 SO AS TO ENACT THE “HEALTH CARRIER EXTERNAL REVIEW ACT” BY PROVIDING STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE AND FINAL ADVERSE DETERMINATIONS.
L:\COUNCIL\ACTS\1163DW00.DOC
(R412, S. 1242) -- Agriculture and Natural Resources Committee: AN ACT TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE “SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND” INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY, EMBEZZLEMENT, OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS WITH EACH PARTICIPATING GRAIN DEALER SEVERALLY GUARANTEEING THIS LOAN; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 4641200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.
L:\COUNCIL\ACTS\1242SD00.DOC
(R413, S. 1321) -- Senator Rankin: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE “LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT” BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, APPROVAL OF AGREEMENTS BY THE APPROPRIATE STATE, COUNTY, OR LOCAL LAW ENFORCEMENT AUTHORITY’S CHIEF EXECUTIVE OFFICER AND BY THE GOVERNING BODY OF EACH JURISDICTION AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
L:\COUNCIL\ACTS\1321DJC00.DOC
(R414, S. 1350) -- Education Committee: AN ACT TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 5939115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.
L:\COUNCIL\ACTS\1350CM00.DOC
(R415, S. 1402) -- Senator Branton: AN ACT TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT NO. 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION; AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO AMEND THE 2000 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN DORCHESTER COUNTY SCHOOL DISTRICT NO. 4.