THURSDAY, FEBRUARY 4, 1999
Thursday, February 4, 1999
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the witness of a man of olden times... in the 40th Psalm:
“I waited patiently upon the Lord,
He stooped down to me and heard my cry.
He lifted me out of the desolate pit, out of the mire and clay;
He set my feet upon a high cliff and made my footing sure.”
Let us pray.
Eternal God, we read in the pages of the Old and New Testaments of the Book of Life that You have revealed Yourself and proved Yourself as the Good Shepherd.
We thank You for leading us down the years through wars and peace, through panic and pestilence! Thanks for the green pastures and the still waters of prosperity and plenty.
Lead us, O Lord, into spiritual vistas.
We need a time of our years when we realize our kinship of the human race - that we are, indeed, brothers and sisters; and it is the Good Shepherd’s desire to gather us all into one fold, the world, redeeming that which is evil, and sanctifying that which is unholy.
To that end discipline us, chasten us, and help us to make a start.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator J. VERNE SMITH introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.
Expression of Personal Interest
Senator PASSAILAIGUE rose for an Expression of Personal Interest.
RECALLED
H.3332 -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATESUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
H. 3332--Objection
Senator ALEXANDER asked unanimous consent to give the Bill a second reading and a third reading tomorrow.
Senator McCONNELL objected to second and third readings of the Bill.
The Bill was recalled and ordered placed on the Calendar.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.458 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1237224 TO PROVIDE THAT THE FAIR MARKET VALUE OF OWNER OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN: (1) THE VALUE OF PERMANENT IMPROVEMENTS; AND (2) FIFTEEN PERCENT MORE THAN THE AVERAGE INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY PRECEDING A COUNTYWIDE REASSESSMENT AND THE YEAR OF A COUNTYWIDE REASSESSMENT, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE SPOUSE THEREOF; AND TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED, THE COUNTY ASSESSOR SHALL SET THE FAIR MARKET VALUE.
Read the first time and referred to the Committee on Finance.
S.459 -- Senators Holland, Thomas, Russell, Ravenel and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 625115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 625129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 625131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 62520, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE “CONSTRUCTION NOTE OR NOTES”, “FINANCING AGREEMENT”, “FINANCING POOL”, “GOVERNMENT”, AND “INTERIM FINANCING”; TO AMEND SECTION 62530, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 62540, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 62550, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 62560, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 62570, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 62580, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 625100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 625110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 625120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 625126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 625127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 625145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 625155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 625160, RELATING TO THE TAXEXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12250.
Read the first time and referred to the Committee on Finance.
S.460 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, 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.461 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, 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.462 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, 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.463 -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AT WHICH TIME PROCEDURES FOR RENEWAL AND BIENNIAL LICENSURE, PURSUANT TO TITLE 40, CHAPTER 11, TAKE EFFECT UNLESS OTHERWISE PROVIDED FOR IN REGULATION.
Senator MARTIN spoke on the Resolution.
The Joint Resolution was read the first time and on motion of Senator MARTIN, with unanimous consent, ordered placed on the Calendar without reference.
S.464 -- Senator Ryberg: A BILL TO AMEND SECTION 12212793, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROXIMITY RESTRICTIONS ON LOCATIONS WITH VIDEO GAMES WITH A FREE PLAY FEATURE TO SCHOOLS, KINDERGARTENS, PARKS, PLAYGROUNDS, COLLEGES AND UNIVERSITIES, AND CHURCHES, SO AS TO REQUIRE THE APPLICABLE DISTANCES TO BE COMPUTED FROM THE NEAREST POINTS THE TWO PROPERTIES APPROACH EACH OTHER, TO DELETE
AN OBSOLETE PROVISION, AND TO MAKE THIS ACT EFFECTIVE FOR LOCATIONS WITH MACHINES LICENSED AFTER MAY 31, 1999.
Read the first time and referred to the Committee on Finance.
S.465 -- Senator Reese: A BILL TO AMEND SECTION 111140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE CERTAIN INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE INSURANCE FOR STATE CONSTABLES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 231230 SO AS TO PROVIDE THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION WITH REGULATORY CONTROL AND APPROVAL OVER TRAINING PROGRAMS FOR VOLUNTEER STATE CONSTABLES, 231240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS’ COMPENSATION INSURANCE AND FOR TRAINING AND EQUIPMENT FOR VOLUNTEER STATE CONSTABLES MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION, AND 231250 SO AS TO AUTHORIZE VOLUNTEER STATE CONSTABLES WITH APPROPRIATE TRAINING TO UTILIZE EMERGENCY LIGHTS AND AUDIBLE SIGNALS IN PRIVATELY OWNED MOTOR VEHICLES AND TO OPERATE AUTHORIZED EMERGENCY VEHICLES WHEN RESPONDING TO EMERGENCY CALLS; TO AMEND THE 1976 CODE BY ADDING SECTION 421135 SO AS TO PROVIDE THAT THE TERM “EMPLOYEE” FOR PURPOSES OF THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42765, AS AMENDED, RELATING TO THE DESIGNATION OF “AVERAGE WEEKLY WAGE” FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTYSEVEN AND ONEHALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, AND PROVIDE THAT A VOLUNTEER STATE CONSTABLE SERVING WITHOUT COMPENSATION IS A VOLUNTEER WHOSE APPOINTMENT IS CERTIFIED BY THE STATE LAW ENFORCEMENT DIVISION AS HAVING COMPLETED THE REQUISITE TRAINING TO MAINTAIN AN ACTIVE COMMISSION.
Read the first time and referred to the Committee on Finance.
S.466 -- Senator Reese: A BILL TO AMEND SECTION 12362110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF CERTAIN ITEMS, SO AS TO LIMIT THE TAX ON A SINGLE SALE ON SPECIFIED MOTORIZED UNITS AND THE TRAILERS PURCHASED WITH THEM AS A PACKAGE AND ON A BOAT AND MOTOR PURCHASED AS A PACKAGE, TO APPLY THE LIMITATION RETROACTIVELY, AND TO REQUIRE THE DEPARTMENT OF REVENUE TO REFUND SUMS COLLECTED IN EXCESS OF THE MAXIMUM TAX SINCE JULY 1, 1995.
Read the first time and referred to the Committee on Finance.
S.467 -- Senator Hayes and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12212805 SO AS TO AUTHORIZE A MUNICIPALITY OR COUNTY BY ORDINANCE TO REGULATE THE LOCATION OF VIDEO GAMES WITH A FREE PLAY FEATURE WITHIN THE MUNICIPALITY OR COUNTY BY MEANS OF ZONING OR OTHER ORDINANCES GENERALLY APPLICABLE TO CLASSES OF BUSINESS ACTIVITY, PROVIDE THAT THE OWNER OF THE MACHINE ON WHICH THESE GAMES ARE PLAYED MUST HAVE OBTAINED A LOCAL LOCATION LICENSE BEFORE IT IS LICENSED OR RELICENSED, AND TO PROVIDE A PROCEDURE FOR CONFISCATION AND SALE OF THESE MACHINES DETERMINED TO BE IN VIOLATION OF LOCAL ORDINANCE.