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 ROSE.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Jesus in the Sermon on the Mount, St. Matthew, Chapter 5 (v.14f):
"You are the light of the world.
A city built on a hill cannot be hid.
No one after lighting a lamp puts it under
a bushel basket, but on the lampstand,
and it gives light to all in the house.
In the same way, let your light shine be-
fore others, so that they may see your
good works and give glory to your
Father in heaven."
Let us pray.
Lord, God Almighty, the man Jesus taught us to call You, 'Our Father.' That identification thrills us.
The same Jesus told us who we are, when He said:
"You are the light of the world... let
your light shine."
That's status, Lord! We are humbled by it, but we are energized by it!
As we go in and out of the marketplace, through the halls of government, and in the councils of trade, making many decisions on behalf of our people, help us to realize that we are not only serving our generation but investing for our children's future and building the Kingdom of God.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. Walter Roberts of Columbia, S.C., Doctor of the Day.
On motion of Senator GIESE, at 12:00 Noon, Senator RYBERG was granted a leave of absence for today.
Columbia, S.C., April 24, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Senator SETZLER asked unanimous consent to recall Regulation No. 2180 from the Committee on Education and refer the Regulation to the Committee on Transportation.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Regulation was committed to the Committee on Transportation.
The following were introduced:
S. 707 -- Senator McGill: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-390, SO AS TO PROHIBIT FISHING FROM PUBLIC ROADS WHICH ABUT LANDS THAT ARE POSTED AGAINST TRESPASSING OR FISHING; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 708 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2146, 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. 709 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO LIFE INSURANCE ILLUSTRATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2149, 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. 710 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2147, 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. 711 -- Senator Hutto: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 712 -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator BRYAN, with unanimous consent, S. 712 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 713 -- Senator Leventis: A SENATE RESOLUTION RECOGNIZING AND HONORING NATALIYA BESSARABOVA, ALEXANDER EVGENOV, VALERIY MEDVEDEV, SERGEY NIKITIN, YURIY PARANICHEV, PAVEL RUBTSOV, BORIS SARAPULTSEV, LYUDMILA TSEPKINA, VLADIMIR USACHEV, AND YELENA YEMELYANOVA OF CHELYABINSK, RUSSIA ON THE OCCASION OF THEIR VISIT TO COLUMBIA, SOUTH CAROLINA, AND THE SOUTH CAROLINA GENERAL ASSEMBLY, AND TO WISH THEM SUCCESS WHILE THEY ARE HERE TO EXCHANGE INFORMATION ON ENVIRONMENTAL PROTECTION.
Senator LEVENTIS spoke on the Resolution.
The Senate Resolution was adopted.
S. 714 -- Senator Short: A CONCURRENT RESOLUTION COMMENDING AND THANKING LAURA MULLER THOMAS FOR HER MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO THE TOWN OF RIDGEWAY, AND CONGRATULATING HER UPON HER RETIREMENT AS THE MAYOR OF RIDGEWAY.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3279 -- Reps. Meacham, Allison, Altman, Bailey, Barfield, Barrett, Battle, Baxley, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Hamilton, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Martin, Mason, McCraw, McKay, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum, and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3546 -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.
Read the first time and referred to the Committee on Judiciary.
H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3623 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 3647 -- Reps. Battle, Jennings, Whipper, Sheheen, Chellis, Bailey, Gourdine, Barfield, F. Smith, Harvin, J. Brown, Miller, M. Hines, Kinon, Mason, Edge, McMahand, Witherspoon and Baxley: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF NONGAME FISH AND BAIT WHICH MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO FURTHER PROVIDE FOR THE RIVERS WHERE LIVE NONGAME FISH MAY BE USED WITH CERTAIN SET HOOKS AND TO CHANGE THE SIZE OF THE SINGLE-BARBED SET HOOKS WITH WHICH LIVE NONGAME FISH MAY BE USED ON THESE RIVERS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3770 -- Reps. Kelley, Harrison and Keegan: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
Read the first time and referred to the General Committee.
H. 3775 -- Reps. Vaughn, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, McMahand, Rice, F. Smith, Tripp, Wilkins, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Walker and Wilder: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO TAKE THE NECESSARY ACTION WITH RESPECT TO THE FEDERAL AVIATION ADMINISTRATION TO RELEASE THE FUNDS REQUIRED TO COMPLETE THE GREENVILLE-SPARTANBURG AIRPORT EXPANSION PROJECT.
Introduced and referred to the Committee on Transportation.
H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4032 -- Reps. Hawkins, Davenport, Rice, Lee, Easterday, Littlejohn, Allison, Leach, Hamilton, Walker, McMahand, Cato, Loftis, Haskins, F. Smith, Vaughn and Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO INCREASE THE CLEARANCE OF CERTAIN TRAFFIC SIGNS THAT DIRECT TRAFFIC ONTO INTERSTATE HIGHWAY 85 IN SPARTANBURG AND GREENVILLE COUNTIES TO TWENTY-THREE FEET.
Introduced and referred to the Committee on Transportation.
H. 4035 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4036 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2160, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4079 -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALLISON KATHERINE WOOD, INFANT DAUGHTER OF MR. AND MRS. KEITH WOOD, AND EXTENDING DEEPEST SYMPATHY TO HER PARENTS AND ALL OF HER RELATIVES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4080 -- Reps. Miller, Kelley, T. Brown, Keegan, Witherspoon, Barfield and Edge: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF EUGENE S. N. LAWRIMORE OF GEORGETOWN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4081 -- Reps. Wilkins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, T. Brown, Byrd, Campsen, Canty, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF THE HONORABLE LARRY E. GENTRY OF SALUDA COUNTY, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology has polled out S. 490 favorable with amendment:
S. 490 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONIES IN THE UNLAWFUL POSSESSION OF PRISONERS BEING DECLARED CONTRABAND, SO AS TO PROVIDE THAT MONIES, TOKENS, OR THINGS OF LIKE NATURE USED AS MONEY SO SEIZED MUST BE DEPOSITED IN A FUND MAINTAINED BY THE DEPARTMENT OF CORRECTIONS TO AID IN THE DEPARTMENT'S DRUG INTERDICTION EFFORTS RATHER THAN IN A WELFARE FUND OF THE INSTITUTION IN WHICH THE PRISONER IS CONFINED; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF A SERIOUS OR OF REPETITIVE RULE VIOLATIONS OF THE INSTITUTION, MAY NOT BE ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED, RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN PLACE OF THE YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS RESPECTING YOUTHFUL OFFENDERS; TO AMEND SECTION 24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150, RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IS OF THE OPINION THAT A YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530(C) (THE VICTIMS AND WITNESSES BILL OF RIGHTS) AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A COMMUNITY SUPERVISION PROGRAM.
Thomas Land Bryan Wilson Patterson Ford Glover Gregory Ryberg McConnell Hayes Lander Fair Washington Cork
Giese Saleeby Anderson
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology has polled out S. 634 favorable with amendment:
S. 634 -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
Thomas Land Bryan Saleeby Wilson Patterson Ford Gregory Glover Ryberg McConnell Hayes Lander Fair Washington Cork
NOT VOTING
Giese Anderson
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3452 -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
H. 3541 -- Rep. Cotty: A BILL TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS POSSIBLE AFTER THE REPORT IS MADE.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3788 -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO TEN MILLS A YEAR INCLUDING ANY MILLAGE SUFFICIENT TO MEET STATE-IMPOSED MAINTENANCE OF LOCAL EFFORT REQUIREMENTS, TO PROVIDE FOR FULL FISCAL AUTONOMY FOR THESE BOARDS FOR THE IMPOSITION OF SCHOOL TAXES FOR SCHOOL YEARS AFTER 2000-01, TO REQUIRE A "POSITIVE MAJORITY" OF THESE BOARDS TO APPROVE THE ANNUAL SCHOOL MILLAGE, AND TO DEFINE "POSITIVE MAJORITY".
H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, 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, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators WILSON and HUTTO proposed the following amendment (JUD3169.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 12-24-70 of the 1976 Code, as added by Section 57A, Part II, Act 458 of 1996, is amended to read:
"Section 12-24-70. (A) Unless the total value of the realty is set forth explicitly in the deed, An an affidavit must accompany every deed presented for recording and must set forth the true, full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his discretion, may waive the affidavit requirement.
If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must state that connection.
(B) The clerk of court or register of mesne conveyances shall must file these affidavits in his office.
A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both."/.
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
Senator COURTNEY explained the Bill.
S. 641 -- Senators Holland and Bryan: A BILL TO AMEND SECTION 62-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO GIVE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, RELATING TO APPEALS, SO AS TO ADD A PROVISION ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201(24) FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS DEEMED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO DELETE LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE FROM SUBSECTION (7), AND TO ADD THIS LANGUAGE TO SUBSECTION (8) WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO ALLOW INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO ALLOW THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT THE PERSON TO BE PROTECTED BE PERSONALLY SERVED WITH NOTICE AT LEAST TWENTY DAYS PRIOR TO THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE THAT A CONSERVATOR MAY, WITH COURT APPROVAL, ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT MARRIAGE DOES NOT END A CONSERVATORSHIP, BUT RATHER ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO REPEAL SUBSECTION (D); TO AMEND SECTION 62-7-705, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO ALLOW RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
S. 57 -- Senator Rose: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JUD0057.005), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 31, in Section 4-9-1320, as contained in SECTION 1, by striking subsections (B) and (C) in their entirety and inserting therein the following:
/(B) In order to be enforced as provided by law, the lien must be recorded and receive priority as prescribed in Section 30-7-10.
(C) The method provided in this article for the enforcement of the collection of past due governmental service fees or charges is not the exclusive method of enforcing these collections, and a county may enforce the collection of a governmental service fee or charge in any other manner available to a county in law or in equity./
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN proposed the following amendment (JUD0057.006), which was adopted:
Amend the bill, as and if amended, page 3, line 12, by adding an appropriately numbered SECTION to read:
/SECTION __. Title 5 of the 1976 Code is amended by adding:
Section 5-40-10. (A) The term 'governmental service fee or charge' means a fee or charge imposed by a governing body of a municipality for services extended to a property owner's real property.
(B) The term 'governmental service' means a service provided by a municipality which is extended to a property owner's real property and for which a governmental service fee or charge is imposed by the governing body of a municipality including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection, solid waste collection, disposal, or recycling.
Section 5-40-20. (A) The municipal governing body must determine on an annual basis the governmental service fees or charges that will, in accordance with this section, constitute liens for that fiscal year.
(B) Before providing governmental services for which the prescribed governmental service fee or charge, pursuant to Section 5-40-30, is a lien on the property affected, not less than ten days' written notice must be given to each affected property owner notifying the property owner of the nature and amount of the governmental service fee or charge and providing the property owner an opportunity, if requested, to appear and be heard in person or by counsel before the persons designated by the municipal governing body.
(C) Following the hearing, if it is requested and held, action must be taken by the municipality, and notice of its decision must be given to the property owner concerned not less than ten days before the effective date of the governmental service fee or charge.
(D) A property owner aggrieved by the action of the municipality, under the provisions of Chapter 7, Title 18, may appeal to the court of common pleas for the county in which the property affected lies to have the court review the action taken by the municipality, at which time the court must determine the validity and reasonableness of the governmental service fee or charge made.
(E) The municipal governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.
(F) Governmental service fees or charges not intended to become liens in the case of nonpayment may be imposed and subsequently increased upon any user in the municipality without this notice and hearing.
Section 5-40-30. (A) If the notice or notices prescribed by Section 5-40-20 have been given and a requested hearing held, all governmental service fees or charges imposed by a municipality and not paid when due and payable are a lien upon the real property to which the governmental service has been extended as long as the governmental service fees or charges remain unpaid. A property owner must be provided with a notice that a lien has been recorded.
(B) To be enforced as provided by law, the lien must be recorded and receive priority as prescribed in Section 30-7-10.
(C) The method provided in this chapter for the enforcement of the collection of past due governmental service fees or charges is not the exclusive method of enforcing these collections, and a municipality may enforce the collection of a governmental service fee or charge in any other manner available to a municipality in law or in equity.
Section 5-40-40. The governing body of a municipality may require the municipal treasurer to (1) include on each tax notice the amount of any governmental service fees or charges, (2) provide for the collection of those governmental service fees or charges in the manner prescribed by law, and (3) provide a property owner with notice when a lien for nonpayment of governmental service fees or charges has been recorded.
Section 5-40-50. The powers granted in this chapter are intended to be supplementary to any powers existing on the effective date of this chapter."/
Renumber sections to conform.
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.
The following Bill and Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 668 -- Senator Ravenel: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO LIMIT THE SALE OF SHRIMP TRAWLING LICENSES FOR A TWO-YEAR PERIOD AND TO EXAMINE THE FEASIBILITY OF CREATING A LIMITED ENTRY FISHERY THEREAFTER.
Senator RAVENEL explained the Resolution.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
S. 75 -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND asked unanimous consent to give the Bill second reading with notice of general amendments.
There was no objection.
S. 616 -- Senators Holland, Lander, McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND asked unanimous consent to give the Bill second reading with notice of general amendments.
There was no objection.
S. 281 -- Senators Ford, Glover, Short, McConnell, Courtney, Waldrep, Rose, Wilson, Matthews, Patterson, Washington, Anderson, Mescher, Williams, Moore, Setzler, Cork, Elliott, Land, Hutto, Russell, Ravenel, Gregory, Leventis, Alexander, Saleeby, Drummond, McGill, Hayes, Holland, Leatherman, Thomas, J. Verne Smith, Courson, Reese, Rankin, Martin, Giese, Bryan, Lander and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0281.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 25, as contained in SECTION 1, by striking Section 10-1-210 in its entirety and inserting therein the following:
/"Section 10-1-210. No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each branch of the General Assembly, or the political subdivision, as appropriate."/
Amend title to conform.
Senator COURTNEY 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. 303 -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD303.003), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 33, in Section 42-1-415, as contained in SECTION 1, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 42-1-415 of the 1976 Code, as added by Act 442 of 1996, is amended to read:
"Section 42-1-415. (A) Notwithstanding any other provision of law, upon the submission of documentation to the commission that a contractor or subcontractor has represented himself to a higher tier subcontractor, contractor, or project owner as having workers' compensation insurance at the time the contractor or subcontractor was engaged to perform work, only the contractor or subcontractor who represented himself as having workers' compensation insurance may be considered a statutory employer for claims filed by his employees under this title the higher tier subcontractor, contractor, or project owner must be relieved of any and all liability under this title except as specifically provided in this section. In the event that the employer is uninsured, regardless of the number of employees that the employer has, the higher tier subcontractor, contractor, project owner, or his insurance carrier shall in the first instance pay all awards of compensation and medical benefits provided by due under this title. The higher tier subcontractor, contractor, project owner, or his insurance carrier may then petition the commission to transfer responsibility for continuing compensation and benefits to the Uninsured Employers' Fund. The Uninsured Employers' Fund shall assume responsibility for claims within ninety thirty days of a determination of responsibility made by the commission. The higher tier subcontractor, contractor, or project owner must be reimbursed from the Uninsured Employers' Fund as created by Section 42-7-200 for compensation, and medical benefits, and reasonable expenses as may be determined by the commission. Any disputes arising as a result of claims filed under this section must be determined by the commission.
(B) To qualify for reimbursement under this section, the higher tier subcontractor, contractor, or project owner must collect documentation of insurance as provided in subsection (A) on a standard form prepared by acceptable to the commission. The documentation must be collected at the time the contractor or subcontractor is engaged to perform work and must be turned over to the commission at the time a claim is filed by the injured employee.
(C) The falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such the false documentation to the penalties for fraud as provided by law. Failure to notify, by certified mail, the higher tier subcontractor, contractor, or project owner who originally was provided documentation of workers' compensation coverage of a lapse in coverage within five days after the lapse is considered fraud and subjects the contractor or subcontractor who represented himself as having workers' compensation insurance to the penalties for fraud provided by law. Additionally, a contractor or subcontractor who falsely documents workers' compensation insurance or fails to provide notice of lapse in workers' compensation coverage as specified in this section, or any contractor or subcontractor who refuses to reimburse the Uninsured Employers' Fund for a claim paid on its behalf shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40; provided, however, notwithstanding any other provision of law, the license or certificate of a contractor or residential home builder shall be revoked for a period of two years when the contractor or subcontractor falsely documents workers' compensation insurance or fails to provide notice of lapse in workers'
compensation coverage as specified in this section. Upon expiration of the two-year revocation period, or when the license or certificate of any contractor or subcontractor is revoked for refusal to reimburse the Uninsured Employers' Fund for a claim paid on its behalf, the licensing entity of the contractor or subcontractor may reissue the license or certificate of the contractor or residential home builder in the same manner as any other revoked license.
(D) However, nothing in this section shall be construed to abrogate the immunity to tort liability of any subcontractor under this title or any higher tier subcontractor, contractor, or project owner who may be considered a statutory employer as provided by Sections 42-1-400, 42-1-410, 42-1-420, 42-1-430, and 42-1-450."/
Amend title to conform.
Senator COURTNEY 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. 532 -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AND AMENDING VARIOUS SECTIONS ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; AND TO AMEND OTHER SECTIONS OF THE 1976 CODE SO AS TO CONFORM TO FEDERAL MANDATES RELATING TO CHILD SUPPORT. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0532.005), which was adopted:
Amend the bill, as and if amended, page 10, beginning on line 16, in Section 20-7-1332(A), as contained in SECTION 15, by striking /two thousand, five hundred/ and inserting /one thousand/
Amend the bill further, as and if amended, page 10, line 33, in Section 20-7-1332(B), as contained in SECTION 15, by striking /two thousand five hundred/ and inserting /one thousand/.
Amend the bill further, as and if amended, page 11, line 42, in Section 20-7-1332(D), as contained in SECTION 15, by striking the word /fifty/ and inserting /fifth/.
Amend the bill further, as and if amended, page 12, line 20, in Section 20-7-1332(E), as contained in SECTION 15, after /Section 43-5-596./ by inserting:
/Financial institutions are allowed to either submit account information directly to the State where it is matched against the parent data base, or financial institutions may request a file and complete the comparison and submit it directly to the State. The social security number must be used for the matching process and not the full name of the person who maintains an account with that entity./
Amend the bill further, as and if amended, page 13, line 23, in Section 20-7-1332(I), as contained in SECTION 15, by striking /provided in this section/ and inserting therein /,/.
Amend the bill further, as and if amended, page 13, line 38, in Section 20-7-1332, as contained in SECTION 15, by adding a subsection to read:
/(K) The division is authorized to promulgate rules and regulations, if necessary, to implement the provision of this section./.
Amend the bill further, as and if amended, page 14, line 21, in Section 20-7-855, as contained in SECTION 17, by striking line 21 in its entirety and inserting therein the following:
/and that the amounts were reasonable, necessary, and customary.
Any individual or entity who prepares or submits falsified billing information shall be subject to the contempt powers of the court."/
Amend the bill further, as and if amended, page 16, line 3, in Section 20-7-1126, as contained in SECTION 22, by striking /is complied with/.
Amend the bill further, as and if amended, page 18, beginning on line 19, in Section 20-7-1010(B)(1), as contained in SECTION 26, by striking lines 19 through 23 in their entirety and inserting therein the following:
/(2)(1) if two or more tribunals have issued child support orders for the same obligor and child, and only one tribunal of the tribunals would have continuing, exclusive jurisdiction under the provisions of this subarticle, the order of that tribunal is controlling and must be recognized;/.
Amend the bill further, as and if amended, page 28, line 25, in Section 27-23-10(A), as contained in SECTION 40, by striking /feoffment,/ and inserting /feoffment,/.
Amend the bill further, as and if amended, page 30, beginning on line 18, in Section 43-5-595(A)(3), as contained in SECTION 41, by striking item (3) in its entirety and inserting therein the following:
/(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted may charge a fee for providing the information./
Amend the bill further, as and if amended, page 31, line 22, in Section 43-5-596(D), as contained in SECTION 41, by striking /may/ and inserting /shall/.
Amend the bill further, as and if amended, page 31, beginning on line 29, in Section 43-5-597(A) through (D), as contained in SECTION 41, by striking line 29 through line 7 on page 32 in their entirety and inserting therein the following:
/Section 43-5-597. (A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 43-5-595(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 43-5-596 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 43-5-595 and 43-5-596.
(B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 43-5-595 and 43-5-596, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.
(C) If the department, its designee, or the department's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department, its designee, or the department's or designee's employees in a district court of the United States.
(D) No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B)./
Amend the bill further, as and if amended, page 34, beginning on line 39, in Section 43-5-598(A)(4)(b), as contained in SECTION 44, by striking lines 39 and 40 in their entirety and inserting therein the following:
/States, the term 'employer' means that person./
Amend title to conform.
Senator MARTIN explained the amendment.
Senator McCONNELL proposed the following amendment (JUD0532.004), which was adopted:
Amend the bill, as and if amended, page 7, beginning on line 5, in Section 44-7-77, as contained in SECTION 8, by striking lines 5 through 8 in their entirety and inserting therein the following:
/A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number of both parents, and must be signed by both parents. and the The signatures must be notarized. As part of its in-hospital voluntary/
Amend the bill further, as and if amended, page 14, beginning on line 6, in Section 20-7-92(1), as contained in SECTION 16, by striking item (1) in its entirety and inserting therein the following:
/(1) the defendant has signed a verified voluntary acknowledgment of paternity which complies with the requirements of Section 20-7-956(A)(4);/
Amend the bill further, as and if amended, page 15, line 9, in Section 20-7-956(A)(4), as contained in SECTION 19, by striking line 9 in its entirety and inserting therein the following:
/provisions of Section 20-7-958. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion."/
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL proposed the following amendment (JUD0532.006), which was adopted:
Amend the bill, as and if amended, page 27, line 39, in Section 20-7-9575, as contained in SECTION 38, by striking line 39 in its entirety and inserting therein the following:
/of the department to establish, modify, or enforce a child support order, the department may issue an administrative/
Amend title to conform.
Senator McCONNELL 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. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Banking and Insurance proposed the following amendment (547R005.JWM), which was adopted:
Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from the lack of economic growth, people living in poverty, and the lack of employment and other opportunities.
(2) The restoration and maintenance of these communities will require increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development financial institutions have proven their ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(5) For the above reasons, it has determined to enact the provisions of this act as being consistent with many public policy objectives of our State including economic growth, higher employment, and community development.
SECTION 2. Title 34 of the 1976 Code is amended by adding:
Section 34-30-10. (A) There is created a South Carolina Community Development Financial Institutions Commission. The commission shall exist for the purpose of certifying entities as community development financial institutions, as defined in Section 34-30-40, and as community development corporations, as defined in Section 34-30-50. The commission also may make grants to community development financial institutions and community development corporations from grant funds made available to it by the General Assembly or from other available funds. The General Assembly may appropriate funds to the commission to be used to make grants to community development financial institutions and community development corporations as authorized herein. The General Assembly may also provide funds in the annual general appropriation act to be used to pay salaries, employee benefits, and administrative expenses of the commission.
(B) In addition to any other powers set forth in this chapter, the commission may:
(1) promulgate regulations necessary to carry out its functions;
(2) contract for and accept, for use in carrying out the provisions of this chapter, any grant or contribution of funds from any political subdivision of the State or from any other source and comply, subject to the provisions of this chapter, with the terms and conditions thereof; and
(3) do anything necessary or convenient to carry out its powers and functions.
(C) The commission may receive funds from, among other sources, state appropriations and private contributions.
Section 34-30-20. (A) The governing body of the commission shall consist of the following seven members which shall be representative of the diverse ethnic population of the State:
(1) a chairman, representing a federally-chartered or state-chartered financial institution doing business in this State, who must be appointed by the Governor, with the advice and consent of the Senate;
(2) the Secretary of Commerce, or his designee;
(3) three members appointed by the Governor, with the advice and consent of the Senate;
(4) two members representing federally-chartered or state-chartered financial institutions or other business entities doing business in this State, other than the institution represented by the chairman, who must be appointed by the Governor, with the advice and consent of the Senate.
(B) Commission members shall serve terms of four years and until their successors are appointed and qualify.
(C) A member who is appointed to fill a vacancy on the commission shall serve only for the remainder of the unexpired term and until a successor is appointed and qualifies.
(D) The commission shall cease to exist on July 1, 2003, unless further authorized by the General Assembly.
Section 34-30-30. (A) Four appointed members of the commission are a quorum. However, the commission may not act on any matter unless at least four members in attendance concur.
(B) The commission shall determine the times and places of its meetings.
(C) Members of the commission, while serving on business of the commission, shall receive, to the extent funding is available, per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The commission may, to the extent funding is available, employ or contract for such staff and consultants as it deems necessary to assist in carrying out its duties and responsibilities under this chapter.
(E) In its internal functions, the commission shall keep proper records of its accounts and follow the procedures of this State that govern the purchase of office space, supplies, facilities, materials, equipment, and professional services. The commission must be audited by the State Auditor as provided in Chapter 7 of Title 11.
(F) The commission shall make an annual report on its condition and operations to the General Assembly and the Governor, including the information required to be reported by Section 34-30-80.
Section 34-30-40. (A) The commission may certify an entity as a community development financial institution if it meets the definition provided in subsection (B).
(B) For purposes of this section:
(1) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development through the provision of credit, capital, or development services to small businesses or home mortgage assistance to individuals, including, but not limited to, the provision of capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains through representation on its governing board accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of any state or political subdivision of a state or maintains an affiliate relationship with the above;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(f) provides capital and technical assistance to small and micro businesses, or mortgage assistance to individuals;
(g) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at any one time or in any one transaction. The dollar amount referenced in this subitem shall be adjusted from time to time in the same manner as provided in Section 37-1-109; and
(h) has been certified or recertified as a community development financial institution as provided in this chapter.
(2) 'Low-income' means individuals whose income level falls within the eightieth percentile of the mean income for a family of four within this State.
(3) The term 'invest' includes any advance of funds to a community development financial institution whether by purchase of stock or other equity interest or by charitable contribution.
(C) Banks and financial institutions chartered by the State of South Carolina are authorized to invest in community development financial institutions incorporated under the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus.
(D) A federally-chartered or state-chartered financial institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subsection (B).
(E) A community development financial institution shall not be subject to any taxes based upon or measured by income which are now or may be hereafter levied by the State.
Section 34-30-50. (A) The commission may certify an entity as a community development corporation if it meets the definition provided in subsection (B).
(B) 'Community development corporation' means a nonprofit corporation:
(1) chartered pursuant to Chapter 31, Title 33;
(2) tax-exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) which has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(4) the activities and decisions of which are initiated, managed, and controlled by the constituents of those local communities;
(5) which has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses, and producers of affordable housing and jobs in the community served; and
(6) which does not provide credit, capital, or other assistance in an amount greater than five thousand dollars at any one time or in any one transaction. The commission shall adjust the dollar amount referenced in this item from time to time in the same manner as provided in Section 37-1-109 .
The term 'community development corporation' does not include a nonprofit organization which has a sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(C) The commission shall establish and implement criteria for grants made to community development corporations pursuant to Section 34-30-10. The criteria shall include a requirement that the applicant has demonstrated a capacity to engage in community development projects and has sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant shall present a strategic plan for community development projects and shall show evidence of developing an organizational structure which ensures proper management.
(D) The commission may provide, or contract with an appropriate entity to provide, technical support to assist community development corporations to be successful in developing their organizational capacity and implementing their projects.
(E) The commission shall make an annual report to the General Assembly regarding grants made pursuant to this section. The report required by this subsection may be included with the report required by Section 34-30-30.
Section 34-30-60. (A) Application for certification shall be in writing under oath and in the form prescribed by the commission. The application shall contain such information as the commission may require, including the names and addresses of the partners, officers, directors or trustees, and such of the principal owners or members as will provide the basis for investigations and findings contemplated by subsection (B). At the time of making such application, the applicant shall pay to the commission a fee for investigating the application, as prescribed by the commission, which will yield sufficient revenue to defray the commission's costs of investigating the applicant.
(B) Upon the filing of the application and payment of the fees, the commission shall investigate the facts concerning the application and the requirements provided for in either Section 34-30-40 or in Section 34-30-50, as the case may be.
Section 34-30-70. (A) Certification of a community development financial institution or a community development corporation shall expire two years from the date of certification.
(B) Certification of a community development financial institution or a community development corporation may be renewed for additional two-year periods upon application by the institution or corporation and approval by the commission.
(C) The commission shall not renew certification of an institution or corporation unless it continues to comply with the provisions of Section 34-30-40 or Section 34-30-50, as the case may be.
(D) The commission may revoke the certification of an institution or corporation upon a finding that the institution or corporation does not comply with the provisions of Section 34-30-40 or Section 34-30-50, as the case may be.
(E) The commission shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the institution or corporation with a brief statement of the reasons alleged. The institution or corporation may request a hearing within thirty days of receiving notice by filing a request for a hearing with the commission. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(F) No taxpayer may claim the tax credit provided for in Section 12-6-3500 unless the institution or corporation in which the investment is made is certified by the commission at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in Section 12-6-3500 notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
Section 34-30-80. Each year, every community development financial institution shall file with the commission, on or before the anniversary date of its certification, a report for the preceding calendar year. The report shall give information with respect to the financial condition of the institution, and shall include balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used and useful by the institution to conduct its business, an analysis of charges, size and type of loans and other activities described in Section 34-30-40(B)(1)(a), and such other relevant information in form and detail as the commission may prescribe. Such report shall be made under oath and shall be in the form prescribed by the commission which shall make and publish annually an analysis and recapitulation of such reports for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-30-30(F)."
SECTION 3. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3500. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability fifty percent of all amounts invested in a community development financial institution, as defined in Section 34-30-40, or in a community development corporation, as defined in Section 34-30-50.
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Community Development Financial Institutions Commission certifying that the entity into which such funds are invested is a community development financial institution within the meaning of Section 34-30-40 or a community development corporation within the meaning of Section 34-30-50 and certifying that the credit taken or available to that taxpayer will not exceed the aggregate ten million dollar limitation of all such credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments.
(B) The total amount of credits allowed under this section may not exceed in the aggregate ten million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development financial institutions may not exceed in the aggregate nine million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development corporations may not exceed in the aggregate one million dollars for all taxpayers and all taxable years. The credit must be allowed to taxpayers in the order of the time of the making of the qualified investments in community development financial institutions and community development corporations.
The commission shall monitor the investments made by taxpayers in community development financial institutions and community development corporations as permitted by this section and shall perform the functions relating thereto as provided in subsection (A) above.
(C) If the amount of the credit determined under subsection (A) exceeds the taxpayer's state tax liability for the applicable taxable year, then the taxpayer may carry the excess over to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year.
(D) Notwithstanding the provisions of subsections (A), (B), and (C) above, if on April 1, 1998, or as soon thereafter as the commission is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, then the credits must be determined on a pro rata basis. For purposes of this subsection, any community development financial institution or community development corporation for which an investment may be claimed as a tax credit under this section must report all investments made prior to April 1, 1998, to the commission by April 1, 1998, which shall, as soon as reasonably possible, inform all community development financial institutions and community development corporations of the total of all investments in all institutions and corporations as of April 1, 1998.
(E) If a qualified investment which is the basis for a credit under this section is redeemed by a taxpayer within five years of the date it is purchased, the credit provided by this section for the qualified investment is disallowed, and any credit previously claimed and allowed with respect to the qualified investment so redeemed must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue under this section, the amount collected must be handled in the same manner as if no credit had been allowed.
(F) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with the taxpayer's annual state income or premium tax return a copy of the form issued by the commission as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the Department of Revenue any redemption of the qualified investment.
(G) The commission shall complete forms prescribed by the Department of Revenue which must show as to each qualified investment in a community development financial institution or a community development corporation:
(1) the name, address, and identification number of the taxpayer who purchased a qualified investment; and
(2) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.
These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased.
(H) No taxpayer may claim the tax credit provided in this section unless the community development financial institution or community development corporation in which the investment is made has been certified at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in this section, notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
(I) A taxpayer may transfer or assign the tax credit provided in this section, except that for purposes of any time period within which an act must occur under this section, such transfer or assignment shall relate back to the time of original investment made by the transferor or assignor.
(J) If the community development financial institution in which the investment is made is a tax-exempt non-profit corporation, the tax credit provided in this section shall not be allowed if the taxpayer claims the investment as a deduction under Section 170 of the Internal Revenue Code.
(K) The total amount of credits which may be allowed by the Department of Revenue shall not exceed five million dollars, respectively, for the fiscal years 1997-98 and 1998-99. Any credit which is disallowed because of this subsection may be carried forward as provided in this section."
SECTION 4. This act takes effect upon approval of the Governor, except that Section 3 applies to tax years beginning after 1997./
Amend title to conform.
Senator MATTHEWS 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.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 9 -- Senators Lander and Bryan: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO SPECIFY THE TIME PERIOD THE DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE FOR A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 2.
On motion of Senator LANDER, with unanimous consent, S. 9 was ordered to receive a third reading on Wednesday, April 30, 1997.
S. 479 -- Senator Ravenel: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (479R001.HSP), which was adopted:
Amend the bill, as and if amended, page 4, line 38, by adding after / department. / the following:
/Any person under the age of seventeen is exempt from the requirement of this subsection.
(B) Any person who did not file a state personal income tax form for the previous calendar year must show documentation acceptable to the department proving that he was a resident for six consecutive months immediately prior to the date of filing an application./
Amend the bill further, as and if amended, page 9, line 18, after / (pots) / by inserting the following:
/used for commercial purposes/
Amend the bill further, as and if amended, page 10, by striking lines 25 through 27 and inserting in lieu thereof the following:
/(2) The amendments to Section 50-17-716 of the 1976 Code, as contained herein, take effect one hundred eighty ninety days after the effective date of this act./
Amend the bill further, as and if amended, page 14, by striking lines 14 and 15 and inserting in lieu thereof the following:
/(3) 'Marine fish' includes all species of fish, oysters, and clams in South Carolina's tidal waters./
Amend the bill further, as and if amended, page 14, by striking lines 33 and 34.
Amend title to conform.
Renumber items to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 479 was ordered to receive a third reading on Wednesday, April 30, 1997.
S. 637 -- Senators Peeler, Alexander and Lander: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (637R003.HSP), which was adopted:
Amend the bill, as and if amended, in Section 50-11-310, as contained in SECTION 2, subsection (D), page 3, by striking lines 1 through 3, and inserting in lieu thereof the following:
/(D) In Game Zones 1, 2, and 4 the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer./
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 50-17-615 of the 1976 Code is amended to read:
"Section 50-17-615. It is lawful to trawl for shrimp or prawn seaward from the boundary described in this section from May fifteenth to December thirty-first, both inclusive: Beginning at a point on the west bank of Wright River at its entrance to the sea extending northeastward across the mouth of the river to the southernmost tip of Turtle Island; thence following the shoreline of Turtle Island to a point on the northeasternmost tip of Turtle Island; thence turning and running east in a line tangent to the southernmost tip of Bloody Point; thence turning and running northeasterly along Daufuskie Island to a proposed marker (SC 1), latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; thence running east across Caliboque Sound to a proposed marker (SC 2), latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.; thence northeasterly and continuing along the shoreline of Hilton Head Island around to its northernmost point and continuing therefrom to a marker designated on National Ocean Survey chart 11513 as G "5" and thence to marker R "4", thence running easterly through buoy No. R "2", thence continuing to red can No. "26"; thence to black day marker No. A-19 to the mouth of Station Creek; thence seaward around Bay Point Island to a proposed marker (SC 3) at latitude 32 degrees 16.9'N. and longitude 80 degrees 35.2'W.; thence running eastward across Trenchards Inlet to a proposed marker (SC 4) at latitude 32 degrees 16.9'N. and longitude 80 degrees 34.7'W.; thence turning seaward and following the shoreline, but excluding all creeks, to a point at the northernmost point of Fripp Island at Fripp Inlet; thence turning and running true north to the shoreline of Hunting Island; thence along the seaward edge of Hunting Island across the mouth of Johnson Creek to a point at the northernmost part upon the island; thence following the shoreline of Hunting Island to the Highway 21 Bridge crossing Harbor River; thence from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; thence continuing to the flashing range light on the Combahee Bank; thence to a proposed marker (SC 5) on the west of Otter Island at latitude 32 degrees 29.1'N., and longitude 80 degrees 25.2'W.; thence seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; thence turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island; thence along the shoreline of Edisto Island, excluding all creeks, to a point on the western bank of the North Edisto River; thence due east across the North Edisto River to a point at the southwesternmost tip of Seabrook Island; thence seaward to the shoreline of Seabrook and Kiawah Islands, excluding all inlets, to Sandy Point; thence in a northerly direction to the southwesternmost tip of Folly Island; thence along Folly Island, across Lighthouse Inlet and along the seaward side of Morris Island to a point at Cummings Point where the jetty meets the beach; thence in an easterly direction following the submerged jetty to the point where the emergent portion of the south jetty begins; thence in a northeasterly direction across the Charleston Harbor entrance channel to a point where the emergent portion of the north jetty begins; thence in a northwesterly direction following the submerged portion of the north jetty to a point on Sullivans Island where the jetty intersects the beach; thence along Sullivans Island, the Isle of Palms, Dewees Island, Capers Island, and Bull Island; excluding all creeks, to a point at the northernmost tip of Bull Island; thence in a straight line northeasterly to the westernmost tip of Sandy Point; thence seaward along Raccoon Key to its easternmost tip; thence southeasterly to round the seaward side of Cape Romain and northward along the seaward shore of Cape Island to a point on the northernmost tip of such island; thence turning and running in a northwesterly direction to a point on the southeasternmost bank of Alligator Creek; thence turning and running in a northeasterly direction across Alligator Creek to a point on its northeastern bank; thence turning seaward and running along the shoreline of Murphy Island to a point on the western bank of the Santee River and across the mouth thereof to a point on the southwestern tip of Cedar Island; thence along Cedar Island across the mouth of the North Santee Bay to Santee Point; thence along the seaward shore of South Island to the northernmost point on the easternmost peninsula of the island; thence in a straight line to nun buoy "2" N.; thence turning and running in a northwesterly direction following the north jetty to the southernmost tip of North Island; thence northeasterly following the shoreline to the North Carolina-South Carolina boundaries, excluding all inlets.
(A) It is unlawful to trawl for shrimp or prawn in the waters of this State except as allowed in this section.
(B) The following General Trawling Area is established:
That area seaward of a line beginning at the point of intersection of the North Jetty of the Savannah River and Oyster Bed Island at N. Lat. 032_ 02.35', W. Long. 080_ 53.05'; thence following the shoreline of Oyster Bed Island to the point at the mouth of Wright River at N. Lat. 032_ 02.92', W. Long. 080_ 54.62'; thence extending northeasterly to the southernmost point of Turtle Island at N. Lat. 032_ 03.08', W. Long. 080_ 54.42'; thence following the shoreline of Turtle Island to the point at the mouth of New River at N. Lat. 032_ 04.81', W. Long. 080_ 52.97'; thence extending easterly to the southernmost point of Daufuskie Island (Bloody Point) at N. Lat. 032_ 04.92', W. Long. 080_ 52.61'; thence following the shoreline of Daufuskie Island to the point at N. Lat. 032_ 07.31', W. Long. 080_ 50.38'; thence extending easterly across Calibogue Sound to the point on Hilton Head Island at N. Lat. 032_ 07.34', W. Long. 080_ 49.49'; thence following the shoreline of Hilton Head Island and crossing the mouths of Folly and Fish Haul Creeks to the northernmost point of Hilton Head Island at N. Lat. 032_ 16.26', W. Long. 080_ 43.72'; thence extending to the point shown on National Ocean Service chart 11513 as DM G "5" at N. Lat. 032_ 16.09', W. Long. 080_ 44.0915'; thence extending to DM R "4" at N. Lat. 032_ 16.38', W. Long. 080_ 44.18'; thence extending easterly to N R "2" at N. Lat. 032_ 16.41', W. Long. 080_ 42.38'; thence extending to the point on Parris Island Spit at N. Lat. 032_ 16.70', W. Long. 080_ 40.02'(approximate location of flashing red daymarker No. 246); thence extending to buoy N "26" at the mouth of Beaufort River at N. Lat. 032_ 16.73', W. Long. 080_ 39.19'; thence extending to the point at the mouth of Station Creek at N. Lat. 032_ 16.73', W. Long. 080_ 38.55'; thence following the shoreline of Bay Point and St. Phillips Islands and across the mouth of Morse Island Creek to the point on St. Phillips Island at N. Lat. 032_ 17.00', W. Long. 080_ 35.24'; thence extending easterly across Trenchards Inlet to the point at N. Lat. 032_ 17.06', W. Long. 080_ 34.78'; thence following the shoreline of Bull Point, Capers, and Pritchards Islands and across the mouths of Capers, Pritchards, and Skull Inlets to the southernmost point of Fripp Island at N. Lat. 032_ 18.40', W. Long. 080_ 30.05'; thence following the shoreline of Fripp Island to its easternmost point at N. Lat. 032_ 19.35', W. Long. 080_ 27.18'; thence extending northerly to the southernmost point of Hunting Island at N. Lat. 032_ 20.32', W. Long. 080_ 27.28'; thence following the shoreline of Hunting Island to the point at the mouth of Johnson Creek at N. Lat. 032_ 23.50', W. Long. 080_ 25.80'; thence extending northeasterly to the point on Harbor Island at N. Lat. 032_ 24.10', W. Long. 080_ 25.63'; thence following the shoreline of Harbor Island to the eastern end of US Highway 21 swing bridge at Harbor River at N. Lat. 032_ 24.20', W. Long. 080_ 27.00'; thence to the center of the swing span of the bridge at N. Lat. 032_ 24.26', W. Long. 080_ 27.16'; thence extending northeasterly to Fl 4s 16ft 5M daybeacon (Combahee Bank Light) as shown on National Ocean Service chart 11513 at N. Lat. 032_ 28.07', W. Long. 080_ 26.06'; thence extending to the point on Otter Island at the mouth of the Ashepoo River at N. Lat. 032_ 29.25', W. Long. 080_ 25.15'; thence following the shoreline of Otter Island to the point at the mouth of Fish Creek at N. Lat. 032_ 29.00', W. Long. 080_ 23.24'; thence extending easterly across the South Edisto River to the southernmost point of Edisto Island (Bay Point) at N. Lat. 032_ 28.66', W. Long. 080_ 20.18'; thence following the shorelines of Edisto and Edingsville Beaches and Botany Bay Island and across the mouths of Jeremy, Frampton, and Townsend Inlets to the point on Botany Bay Island at N. Lat. 032_ 33.50', W. Long. 080_ 12.00'; thence extending easterly across the North Edisto River to the point on Seabrook Island at N. Lat. 032_ 033.55', W. Long. 080_ 10.50'; thence following the shoreline of Seabrook and Kiawah Islands and across Captain Sams Inlet to the point on Kiawah Island (Sandy Point) at N. Lat. 032_ 37.18', W. Long. 079_ 59.65'; thence extending northeasterly across Stono Inlet to the southwesternmost point of Folly Island at N. Lat. 032_ 38.40', W. Long. 079_ 58.36'; thence following the shoreline of Folly Island to its easternmost point at N. Lat. 032_ 41.10', W. Long. 079_ 53.17'; thence extending northerly across Lighthouse Inlet to the Morris Island lighthouse (abandoned) at N. Lat. 032_ 41.70', W. Long. 079_ 53.03'; thence extending on a geodetic azimuth of 285 degrees to Morris Island; thence following the shoreline of Morris Island to its point of intersection with the south jetty for Charleston Harbor at N. Lat. 032_ 43.91', W. Long. 079_ 52.18'; thence following the submerged jetty to the point where its emergent portion begins at N. Lat. 032_ 43.85', W. Long. 079_ 50.92'; thence extending northeasterly across the Charleston Harbor channel to the point where the emergent north jetty begins at N. Lat. 032_ 44.57', W. Long. 079_ 50.00'; thence following the submerged north jetty to its point of intersection with Sullivans Island at N. Lat. 032_ 45.46', W. Long. 079_ 50.40'; thence following the shoreline of Sullivans Island, the seaward edge of the Breach Inlet bridge, and the shoreline of Isle of Palms to its easternmost point at N. Lat. 032_ 48.90', W. Long. 079_ 43.09'; thence extending northerly across Dewees Inlet to the point on Dewees Island at N. Lat. 032_ 49.65', W. Long. 079_ 43.27'; thence following the shoreline of Dewees Island to the point at N. Lat. 032_ 50.70', W. Long. 079_ 42.03'; thence extending across Capers Inlet to the southernmost point of Capers Island at N. Lat. 032_ 51.10', W. Long. 079_ 41.87'; thence following the shoreline of Capers Island to the point at N. Lat. 032_ 52.57', W. Long. 079_ 39.30'; thence extending across Price Inlet to the southernmost point of Bull Island at N. Lat. 032_ 52.57', W. Long. 079_ 38.95'; thence following the shoreline of Bull Island to its northernmost point at N. Lat. 032_ 55.98', W. Long. 079_ 34.48'; thence extending northeasterly to a group of three piles west of Sandy Point at N. Lat. 033_ 00.38', W. Long. 079_ 29.43'; thence extending on a geodetic azimuth of 90 degrees to Sandy Point; thence following the shoreline of Sandy Point and Raccoon Key and across the mouth of Raccoon Creek to the point at N. Lat. 033_ 01.00', W. Long. 079_ 25.25'; thence extending easterly across Key Inlet to the westernmost point of Cape Island at N. Lat. 033_ 00.35', W. Long. 079_ 23.64'; thence following the shoreline of Cape Island to the point on the west side of the northernmost tip at N. Lat. 033_ 04.79', W. Long. 079_ 20.14'; thence extending westerly across Cape Romain Harbor to the point on Murphy Island at the mouth of Alligator Creek at N. Lat. 033_ 04.73', W. Long. 079_ 21.28'; thence following the shoreline of Murphy Island to the point at N. Lat. 033_ 07.00', W. Long. 079_ 16.97'; thence extending easterly across the South Santee River to the westernmost point of Cedar Island at N. Lat. 033_ 07.00', W. Long. 079_ 16.58'; thence following the shoreline of Cedar Island to the point at N. Lat. 033_ 08.36', W. Long. 079_ 14.71'; thence extending northerly across North Santee River to the southernmost point of Cane Island at N. Lat. 033_ 08.92', W. Long. 079_ 14.92'; thence following the shoreline of Cane Island and across the mouth of the creek which separates it from Crow Island to the point at N. Lat. 033_ 10.04', W. Long. 079_ 15.34'; thence extending northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at N. Lat. 033_ 10.43', W. Long. 079_ 14.60'; thence following the shoreline of South Island to its southernmost point (Santee Point) at N. Lat. 033_ 08.06', W. Long. 079_ 14.38'; thence following the shoreline of South and Sand Islands to the point of intersection with the south jetty for Winyah Bay at N. Lat. 033_ 11.43', W. Long. 079_ 11.00'; thence following the shoreline of Sand and South Islands to the point on South Island at N. Lat. 033_ 13.82', W. Long. 079_ 12.16'; thence extending easterly through buoys G "15" and R N "16" to the point on North Island at N. Lat. 033_ 14.00', W. Long. 079_ 11.32'; thence following the shoreline of North Island to its intersection with the north jetty for Winyah Bay at N. Lat. 033_ 12.53', W. Long. 079_ 10.43'; thence following the shoreline of North Island to the point at N. Lat. 033_ 19.03', W. Long. 079_ 09.57'; thence extending across North Inlet to the point on the south end of Debidue Island at N. Lat. 033_ 19.98', W. Long. 079_ 09.60'; thence following the shorelines of Debidue and Pawleys Islands, Litchfield and Magnolia Beaches, and across the mouths of Pawleys and Midway Inlets to the point on the south jetty for Murrells inlet at N. Lat. 033_ 31.60', W. Long. 079_ 01.90'; thence extending northerly across Murrells Inlet to the point on the north jetty at N. Lat. 033_ 31.96', W. Long. 079_ 01.77'; thence following the shoreline and across the mouth of Hog Inlet to the point of intersection with the south jetty for Little River on the eastern end of Waites Island at N. Lat. 033_ 50.91', W. Long. 078_ 33.21'; thence extending easterly across Little River Inlet to the point on the north jetty on Bird Island at N. Lat. 033_ 50.97', W. Long. 078_ 32.62'; thence following the shoreline of Bird Island to its intersection with the South Carolina - North Carolina boundary line at N. Lat. 033_ 51.09', W. Long. 078_ 32.50'.
(C) It is lawful to trawl for shrimp or prawn in the General Trawling Area during those times and seasons set by the department.
(D) It is unlawful to trawl inland of the line described in subsection (B) at any time.
(E) The following portions of the General Trawling Area of this State are established as areas in which trawling for shrimp or prawn is restricted.
(1) All that area of North Santee Bay bounded by a closed line beginning at the point on the shoreline of Cedar Island at N. Lat. 033_ 08.36', W. Long. 079_ 14.71'; thence extending northerly across North Santee River to the southernmost point of Cane Island at N. Lat. 033_ 08.92', W. Long. 079_ 14.92', and following the shoreline of Cane Island and across the mouth of the creek which separates it from Crow Island to the point at N. Lat. 033_ 10.04', W. Long. 079_ 15.34'; thence extending northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at N. Lat. 033_ 10.43', W. Long. 079_ 14.60'; thence following the shoreline of South Island to its southernmost point (Santee Point) at N. Lat. 033_ 08.06', W. Long. 079_ 14.38'; thence back to the point of beginning.
(2) All that area of Winyah Bay bounded by a closed line beginning at the point where the shoreline of Sand Island intersects with the south jetty for Winyah Bay at N. Lat. 033_ 11.43', W. Long. 079_ 11.00', and following the shoreline of Sand and South Islands to the point on South Island at N. Lat. 033_ 13.82', W. Long. 079_ 12.16'; thence extending easterly through buoys G "15" and R N "16" to the point on North Island at N. Lat. 033_ 14.00', W. Long. 079_ 11.32'; thence following the shoreline of North Island to its intersection with the north jetty for Winyah Bay at N. Lat. 033_ 12.53', W. Long. 079_ 10.43'; thence back across Winyah Bay Entrance to the point of beginning.
(F) Those areas described in subsection (E) are closed to trawling during the period December sixteen through August thirty-one, inclusive. It is lawful to trawl for shrimp or prawn in those areas during those times and seasons set by the department and for other fish under permit issued by the department as provided in this chapter.
(G) It is unlawful to trawl inland of the areas described in subsection (E) at any time."
SECTION __. Section 50-17-610 and Section 50-17-618 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, S. 637 was ordered to receive a third reading on Wednesday, April 30, 1997.
S. 640 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY; AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0640.002), which was adopted:
Amend the bill, as and if amended, page 2, line 3, in Section 31-17-525(B), as contained in SECTION 1, after /section,/ by inserting /the rally/.
Amend the bill further, as and if amended, page 2, line 15, in Section 31-17-525(B), as contained in SECTION 1, by striking line 15 in its entirety and inserting therein the following:
/a two hundred fifty dollar application fee.
(C) A South Carolina licensed travel trailer dealer may participate in a rally under the terms of this section without obtaining a temporary license pursuant to Section 31-17-520(4)."/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (3065R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 41, by deleting the word /five/ and inserting the following:
/fifteen/.
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, H. 3065 was ordered to receive a third reading on Wednesday, April 30, 1997.
H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (3135R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 28 through 37 and inserting in lieu thereof the following:
/"Section 50-1-285. In any prosecution for a violation of state fish, game, wildlife, or natural resources laws, photographs of either wildlife or fish alleged to have been taken, possessed, sold, April 29, 1997transported, or imported illegally is considered competent evidence of the wildlife or fish and is admissible if properly authenticated, in any proceeding of the case to the same extent as if the wildlife or fish had been introduced as evidence. The photographer shall affix his signature and the date to the back of each photograph for identification purposes. When the photograph is so identified, is authenticated, and is admitted, it shall constitute substantive evidence."/
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator GIESE asked unanimous consent to give the Bill a third reading.
Senator McCONNELL objected.
H. 3610 -- Reps. Harvin, Young and Woodrum: A CONCURRENT RESOLUTION REQUESTING THE NATURAL RESOURCES BOARD TO NAME THE GAME SANCTUARY THAT ENCOMPASSES TAWCAW CREEK IN CLARENDON COUNTY THE "GARTH H. MCMASTERS GAME SANCTUARY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 683 -- Senators Hutto, Martin, Rose and Ford: A JOINT RESOLUTION DIRECTING THE STATE LAW ENFORCEMENT DIVISION (SLED) TO SUBMIT THE DATAMASTER BREATHALYSER TEST TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, OR COMPARABLE MEDICAL RESEARCH FACILITY IN THIS STATE, FOR EXTENSIVE TESTING ON HUMAN BEINGS TO DETERMINE THE ACCURACY OF THE TEST IN DETERMINING THE BLOOD ALCOHOL LEVEL OF A PERSON WHEN ADMINISTERED BY MEMBERS OF LAW ENFORCEMENT; TO REQUIRE SLED TO SUBMIT THE NECESSARY EQUIPMENT TO THE MEDICAL FACILITY WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; TO REQUIRE THAT THE MEDICAL FACILITY CONDUCT ITS STUDY WITHIN ONE HUNDRED AND EIGHTY DAYS AND PROVIDE SLED WITH A REPORT WHICH SLED MUST PROVIDE TO THE GENERAL ASSEMBLY BY JANUARY 1, 1998.
Senator HUTTO asked unanimous consent to take the Resolution up for immediate consideration.
Senator HAYES objected.
S. 249 -- Senators Ford, Glover, Matthews, Hutto, Washington, Anderson, Land, Williams and Jackson: A BILL TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR RATHER THAN OPTIONAL HOLIDAYS AND TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS OPTIONAL HOLIDAYS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
Senator THOMAS objected to further consideration of the Bill.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Bill was ordered to receive a second reading with notice of general amendments.
There was no objection.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 409--Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator DRUMMOND asked unanimous consent to make a motion that the Bill be given a second reading.
Senator WILSON objected.
On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
Senator COURSON moved to recall the Bill from the Committee on Transportation.
Senator PATTERSON made a Parliamentary Inquiry as to whether or not the motion was debatable.
The ACTING PRESIDENT stated that the motion was debatable.
Senator PATTERSON spoke on the motion.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO
AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
With Senator PATTERSON retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
S. 171 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
With Senator PATTERSON retaining the floor, Senator COURTNEY asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator COURTNEY, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
S. 683 -- Senators Hutto, Martin, Rose and Ford: A JOINT RESOLUTION DIRECTING THE STATE LAW ENFORCEMENT DIVISION (SLED) TO SUBMIT THE DATAMASTER BREATHALYSER TEST TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, OR COMPARABLE MEDICAL RESEARCH FACILITY IN THIS STATE, FOR EXTENSIVE TESTING ON HUMAN BEINGS TO DETERMINE THE ACCURACY OF THE TEST IN DETERMINING THE BLOOD ALCOHOL LEVEL OF A PERSON WHEN ADMINISTERED BY MEMBERS OF LAW ENFORCEMENT; TO REQUIRE SLED TO SUBMIT THE NECESSARY EQUIPMENT TO THE MEDICAL FACILITY WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; TO REQUIRE THAT THE MEDICAL FACILITY CONDUCT ITS STUDY WITHIN ONE HUNDRED AND EIGHTY DAYS AND PROVIDE SLED WITH A REPORT WHICH SLED MUST PROVIDE TO THE GENERAL ASSEMBLY BY JANUARY 1, 1998.
With Senator PATTERSON retaining the floor, Senator HUTTO asked unanimous consent to make a motion to take up the Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
On motion of Senator HUTTO, with unanimous consent, the Resolution was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
With Senator PATTERSON retaining the floor, Senator COURSON was recognized for brief remarks.
Senator RAVENEL made a Parliamentary Inquiry as to whether debate was limited.
The ACTING PRESIDENT stated that under the provisions of Rule 33A, that debate was limited within the discretion of the Presiding Officer.
At 1:27 P.M., with Senator PATTERSON retaining the floor, on motion of Senator COURSON, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 1:35 P.M., the Senate resumed.
Senator PATTERSON resumed speaking on the motion to recall the Bill, H. 3341, from the Committee on Transportation.
S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.
With Senator PATTERSON retaining the floor, Senator DRUMMOND asked unanimous consent that the Bill be taken up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was read the second time with notice of general amendments.
On behalf of the Chairmen's Committee, Senator DRUMMOND asked unanimous consent to make a motion that the Bill be made a Special Order.
There was no objection and the Bill was made a Special Order.
S. 699 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO REQUIRE ALL VEHICLES TO HAVE A STANDARD STATE LICENSE PLATE ON THE REAR BUMPER OF THE VEHICLE AND TO PROVIDE THAT SPECIAL AND COMMEMORATIVE LICENSE PLATES MAY BE PLACED ONLY ON THE FRONT BUMPER OF A VEHICLE.
With Senator PATTERSON retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
Senator DRUMMOND explained the Bill.
Senator RAVENEL objected.
Senator PATTERSON resumed speaking on the motion to recall the Bill, H. 3341.
Senator McCONNELL spoke on the motion to recall.
Senator MARTIN made a Parliamentary Inquiry as to whether or not debate on the question was limited.
The ACTING PRESIDENT stated that when a Point of Order was raised, that a ruling would be made at that time.
Senator McCONNELL spoke on the motion to recall.
Senator JACKSON spoke on the motion to recall.
S. 627 -- Senator Courtney: A BILL TO AMEND CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-143, SO AS TO PROVIDE THAT A COMMISSIONED TROOPER OR OFFICER OF THE DEPARTMENT MAY WEAR HIS UNIFORM AND USE HIS WEAPON WHILE PERFORMING A PRIVATE JOB IN HIS OFF-DUTY HOURS.
With Senator JACKSON retaining the floor, Senator COURTNEY asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator COURTNEY, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 49 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERM OF OFFICE FOR MAGISTRATES, SO AS TO PROVIDE THAT THE INITIAL TERM OF A NEWLY APPOINTED MAGISTRATE SHALL BE FOR TWO YEARS RATHER THAN FOUR YEARS.
With Senator JACKSON retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE asked unanimous consent to make a motion to give the Bill a second reading.
Senator LAND objected.
Senator JACKSON resumed speaking on the motion to recall the Bill, H. 3341.
Senator WASHINGTON spoke on the motion to recall.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Having voted on the prevailing side, Senator MATTHEWS asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given a second reading.
Senator RAVENEL objected.
Senator COURSON renewed the motion to recall the Bill, H. 3341, from the Committee on Transportation.
Senator CORK spoke on the motion.
At 2:25 P.M., on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:30 P.M., the Senate resumed.
Senator LAND spoke on the motion to recall the Bill, H. 3341, from the Committee on Transportation.
Senator COURSON asked unanimous consent to make a motion to withdraw the motion to recall the Bill, H. 3341, from the Committee on Transportation.
There was no objection.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
On motion of Senator LAND, with unanimous consent, the Bill was recommitted to the Committee on Transportation.
S. 49 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERM OF OFFICE FOR MAGISTRATES, SO AS TO PROVIDE THAT THE INITIAL TERM OF A NEWLY APPOINTED MAGISTRATE SHALL BE FOR TWO YEARS RATHER THAN FOUR YEARS.
On motion of Senator LAND, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator LAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Florence M. Powell of Charleston, S.C.
At 2:36 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.