Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with "Amazing Grace" sung by Miss Dawn Smith, Miss South Carolina 1987.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
[The report has been omitted from the Web version of this journal.]
Received as information.
The following was received.
Columbia, S.C., May 19, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Thomas E. Smith, Jr., and Courson of the Committee of Free Conference on the part of the Senate on H. 2263:
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Very respectfully,
President
No. 8
Received as information.
The following was received.
Columbia, S.C., May 19, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2263:
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Very respectfully,
President
No. 9
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3156 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MISS JENNIFER VANDEWEGHE OF SIMPSONVILLE, A SENIOR AT HILLCREST HIGH SCHOOL, UPON BEING NAMED THE GREENVILLE COUNTY SCHOOL DISTRICT'S OUTSTANDING STUDENT FOR 1986-87.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3157 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND DEPUTY SHERIFF DAVID BLANTON OF SPARTANBURG COUNTY FOR BEING THE STATE'S TOP FUND RAISER IN THE BUCK-A-CUP TO BRACE-A-CHILD CAMPAIGN FOR THE THIRD CONSECUTIVE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3158 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING SERVICE OF MRS. LOUISE RAKES OF THE BOILING SPRINGS COMMUNITY OF SPARTANBURG COUNTY TO HER COMMUNITY AND SPARTANBURG COUNTY THROUGH HER REMARKABLE ACHIEVEMENTS IN PTA ACTIVITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3159 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO WHITE CONSOLIDATED INDUSTRIES, THE NATION'S THIRD LARGEST MAKER OF REFRIGERATORS BASED IN COLUMBUS, OHIO, FOR SELECTING ANDERSON COUNTY TO LOCATE A ONE HUNDRED FIFTEEN MILLION DOLLAR ASSEMBLY PLANT AND WAREHOUSE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 794 -- Senators Wilson, Courson, Giese, Shealy, Lourie, Patterson, Thomas E. Smith, Jr., Branton, Martschink and Bryan: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES OF THE GENERAL ASSEMBLY TO RALPH MIRSE, COLUMBIA COLLEGE'S THIRTEENTH PRESIDENT, ON THE OCCASION OF HIS RETIREMENT AND TO RECOGNIZE THE MANY CONTRIBUTIONS TO THE INSTITUTION DURING THE PERIOD OF HIS STEWARDSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 795 -- Senators Wilson, Setzler, Shealy, Moore, McConnell, Stilwell, Russell, Thomas, Branton, Lee, Giese, Courson, Martschink, Applegate and Lourie: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. VERA C. DuBOSE OF RIDGE SPRING, EDGEFIELD COUNTY, UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 796 -- Senators Wilson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. JOSEPH BIEDENBACH, DIRECTOR OF CONTINUING ENGINEERING EDUCATION AT THE UNIVERSITY OF SOUTH CAROLINA, ON BEING NAMED OUTSTANDING EDUCATOR IN THE SOUTHEAST BY REGION III OF THE INSTITUTE OF ELECTRICAL AND ELECTRONIC ENGINEERS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foxworth Gilbert Gordon Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams
I came in after the roll call and was present for the Session on Wednesday, May 20, 1987.
Howell Clyborne Jean L. Harris Daniel E. Winstead R. Linwood Altman Derial Ogburn M.O. Alexander L. Edward Bennett Jack Gregory Parker Evatt Thomas E. Huff D.L. Aydlette Thomas C. Alexander Paul Short John J. Snow, Jr. Mickey Burriss James E. Lockemy John H. Burriss Robert Kohn
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on May 20, 1987.
Rep. GENTRY
Rep. KEYSERLING signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, May 14, 1987.
Reps. J. ROGERS, EDWARDS, HUFF, LIMEHOUSE and BEASLEY signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Tuesday, May 19, 1987.
The SPEAKER granted Rep. T.C. ALEXANDER a temporary leave of absence.
The SPEAKER granted Rep. HEARN a leave of absence for today and tomorrow.
The SPEAKER granted Rep. WELLS a leave of absence for the day to attend a business meeting in Washington.
Announcement was made that Michael Holmes of Kingstree, is the Doctor of the Day for the General Assembly.
Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.
H. 3150 -- Rep. Gregory: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.
The following Bill was taken up.
H. 3155 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY SO AS TO ESTABLISH FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED BEGINNING IN 1988.
Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.
S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS GUILTY OF A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 2865 -- Reps. J.H. Burriss and T.M. Burriss: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO DECREASE THE ANNUAL REGISTRATION FEE FROM FIFTEEN TO TEN DOLLARS FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER ON ANY PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
H. 3122 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 785, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3124 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, RELATING TO EXAMINATIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2464 -- Reps. McEachin and Nettles: A BILL TO AMEND SECTION 56-1-1090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST HABITUAL TRAFFIC OFFENDERS BEING ISSUED A LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS UNLESS THIS PERIOD IS OTHERWISE REDUCED BY A COURT, SO AS TO PERMIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF THE COURT TO REDUCE THE REQUIRED PROHIBITION PERIOD UNDER CERTAIN CONDITIONS.
H. 2860 -- Reps. Keyserling, Sheheen, Beasley, J. Rogers, M.O. Alexander, Arthur, G. Bailey, K. Bailey, Barfield, Baxley, Bennett, Boan, G. Brown, J. Brown, R. Brown, Carnell, Cooper, Dangerfield, Day, Edwards, Elliott, Faber, Ferguson, Foster, Gentry, Gilbert, Gregory, P. Harris, Harvin, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Kirsh, Lockemy, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Petty, L. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Shelton, Short, Snow, Stoddard, Taylor, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Jones, McLellan, T.C. Alexander and J. Harris: A BILL TO AMEND SECTIONS 7-9-70 AND 7-13-351, BOTH AS AMENDED, 7-11-30, AND 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT STATE AND COUNTY CONVENTIONS DURING A GENERAL ELECTION YEAR TO NOMINATE CANDIDATES FOR PUBLIC OFFICE MUST BE HELD NO LATER THAN THE SECOND TUESDAY IN JUNE, TO PROVIDE THAT NOMINEES BY PETITION FOR GENERAL ELECTIONS BE PLACED ON THE BALLOT NO LATER THAN THE SECOND TUESDAY IN JUNE, AND TO PROVIDE THAT THE OFFICIAL NUMBER OF REGISTERED ELECTORS FOR NOMINATION BY PETITION IS THE NUMBER REGISTERED IN THE AREA ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF ELECTION.
Rep. McABEE moved to adjourn debate upon the following Joint Resolution until Tuesday, May 26, which was adopted.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
The following Bill was taken up.
H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.
Rep. LOCKEMY proposed the following Amendment No. 1.
Amend as and if amended, add a new section stating:
The provisions of this bill shall not apply to the portion of the Little Pee Dee River that is located in Dillon County.
Rep. BARFIELD explained the amendment.
Rep. J. ROGERS asked unanimous consent to amend the amendment.
Rep. KLAPMAN objected.
Rep. BARFIELD moved to adjourn debate upon the Bill until Thursday, May 21, which was adopted.
Rep. CARNELL moved to adjourn debate upon the following Bill until Thursday, May 21, which was adopted.
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2957 -- Reps. Hodges and Clyborne: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS AND TO RESTATE THE OFFENSE IN MODERN LANGUAGE.
Rep. TOAL explained the Bill.
S. 166 -- Senator Holland: A BILL TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR HANDICAPPED PERSONS AS A QUALIFICATION.
S. 554 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Rep. TOAL explained the Bill.
S. 555 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-355 SO AS TO PROVIDE THAT NO QUESTION MAY BE SUBMITTED TO THE QUALIFIED ELECTORS IN A REFERENDUM HELD AT THE TIME OF A GENERAL ELECTION UNLESS THE QUESTION IS SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION NO LATER THAN 12:00 NOON ON SEPTEMBER FIRST.
Rep. TOAL explained the Bill.
S. 578 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER HAS BEEN CHALLENGED, SO AS TO PROVIDE FOR THE RESULTS WHEN EVIDENCE IS OFFERED AND NOT OFFERED TO SUSTAIN AN OBJECTION TO A VOTE; THE CERTIFICATION PROCEDURE THAT MUST BE FOLLOWED BY THE BOARD OF REGISTRATION WHEN A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK IS ALLOWED TO VOTE A CHALLENGED BALLOT; AND FOR AN ADMINISTRATIVE CHALLENGE IF THE PERSON CHALLENGED IS NOT A QUALIFIED ELECTOR.
Rep. TOAL explained the Bill.
The following Bill was taken up.
S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 19, by the Committee on Judiciary.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 553 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF a DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4222Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The name of any candidate authorized by law to appear on any ballot in any general, special, or primary election in this State for any office may be any of the following or any combination thereof: (1) the candidate's given name, (2) a derivative of the candidate's given name properly acquired under the common law and used in good faith for honest purposes, or (3) a nickname which bears no relation to the candidate's given name but which is used in good faith for honest purposes and does not exceed fifteen letters on the ballot. The derivative name or nickname shall not, however, imply professional or social status, an office, or military rank.
Any candidate wanting to use a derivative name or a nickname, as permitted by items (2) and (3), respectively, of this section, shall indicate to the authority charged by law with conducting the election, prior to any deadline for receiving or certifying candidates' names for inclusion on the ballot, the name he wishes to have appear and shall present any evidence required by the authority conducting the election that the name indicated is his derivative name or nickname. In deciding whether the name indicated is the candidate's derivative name or nickname, the authority conducting the election shall consider appropriate criteria, including, but not limited to, the following: (a) whether the name is the designation by which the candidate is usually and commonly known in the community in which he resides or called by other persons, (b) whether the name is the designation by which the candidate calls himself or which he has adopted, or (c) whether the name is the designation under which the candidate transacts private and official business.
The State Election Commission is authorized to promulgate regulations to carry out the provisions of this act, including, but not limited to, forms to be completed by the candidate and the deadline by which a candidate shall indicate the name he wishes to have appear on the ballot.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received. Columbia, S.C., May 20, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOAL the invitation was accepted.
The following Bill was taken up.
H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6139k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 56-11-110 of the 1976 Code is amended to read:
"Section 56-11-110. Except as otherwise provided in this article, no policy or contract, hereinafter referred to as a policy, of liability insurance as defined in Article 7 of Chapter 9 or other security as provided for in Section 56-11-210 shall may be issued, delivered, sold, or renewed in this State after October 1, 1978, unless such policy at the option of the insured also affords either the minimum medical, hospital, disability, and loss of income benefits or the minimum medical and hospital benefits, excluding disability and loss of income benefits, set forth herein. The insured's option shall include that of rejecting either or both of the foregoing described benefit coverages. The benefits, or their equivalent, shall cover the named insured and members of his family residing in his household, except such persons as may be specifically excluded in accordance with law, injured in any motor vehicle accident, including an accident involving an uninsured motor vehicle or a motor vehicle whose identity cannot be ascertained, other persons injured while occupying the insured motor vehicle as a guest or passenger or while using it with the express or implied permission of the named insured, except such persons as may be specifically excluded in accordance with law, and pedestrians injured in an accident in which the insured motor vehicle is involved. The minimum medical, hospital, and disability benefits if the insured exercises the option to receive such benefits shall include up to an amount of one thousand dollars per person for payment of all reasonable expenses arising from the accident and sustained within three years from the date thereof for necessary medical, surgical, chiropractic, X-ray, and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, and funeral services; and in the case of an income producer who exercises the option to receive such benefit payment of benefits for loss of income as the result of the accident; and where the person injured in the accident was not an income or wage producer at the time of the accident, payments of benefits must be made in reimbursement of necessary and reasonable expenses, incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household. The insurer providing loss of income benefits may require, as a condition of receiving such benefits, that the injured person furnish the insurer reasonable medical proof of his injury causing loss of income. No benefit payable pursuant to this section shall be is subject to subrogation or assignment except that assignments may be made to hospitals, physicians, or other medical providers, provided, however, that no medical provider may require assignment as a condition of treatment."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Reps. BLANDING, E.B. McLEOD and GORDON objected to the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.
H. 3034 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-380, SO AS TO PROHIBIT AN INSURER OF ACCIDENT AND HEALTH INSURANCE FROM DELAYING PAYMENT OF A VALID AND PROPERLY COMPLETED CLAIM BEYOND TWENTY-ONE WORKING DAYS AFTER RECEIPT THEREOF BY THE INSURER, TO REQUIRE INTEREST ON CLAIMS ON WHICH PAYMENT IS DELAYED BEYOND THIS PERIOD, AND TO AUTHORIZE THE AWARD OF ATTORNEY'S FEES, COURT COSTS, AND A MONETARY PENALTY ON THESE CLAIMS UNDER CERTAIN CONDITIONS.
The following Bill was taken up.
S. 424 -- Banking and Insurance Committee: A BILL TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS WHICH REQUIRE EACH INSURER LICENSED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE, TO SUBMIT CERTAIN INFORMATION AND SUPPLEMENTAL REPORTS RELATING TO ITS WRITINGS IN THIS STATE AND THE UNITED STATES; TO PROVIDE FOR, AMONG OTHER THINGS, THE FORM, COVERAGE, AND CONTENTS OF THE SUPPLEMENTAL REPORT; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER ANNUALLY TO COMPILE AND REVIEW ALL REPORTS SUBMITTED PURSUANT TO THIS ACT; AND TO PROVIDE THAT THE INFORMATION SUBMITTED MUST BE PUBLISHED AND MADE AVAILABLE TO INTERESTED INSUREDS OR CITIZENS, AND TO PROVIDE CIVIL PENALTIES FOR INSURERS WHO FAIL TO COMPLY WITH THE PROVISIONS OF THIS ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4315Y).
Amend the bill, as and if amended, by striking item (d) of Section 3 which begins on line 8 of page 3 and inserting:
/(d) incurred claims, developed as the sum of the following (the report shall include data for each of the following categories used to develop the sum of incurred claims):
(1) dollar amount of claims closed with payment, plus
(2) dollar amount of payments on claims still open, plus
(3) reserves for reported claims at the end of the current year, minus
(4) reserves for reported claims at the end of the previous year, plus
(5) reserves for incurred but not reported claims at the end of the current year, minus
(6) reserves for incurred but not reported claims at the end of the previous year, plus
(7) loss adjustment expenses for claims closed, plus
(8) reserves for loss adjustment expense at the end of the current year, minus/.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Reps. T.M. BURRISS, CORNING and KLAPMAN objected to the Bill.
The following Bill was taken up.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 381 RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Rep. J. ROGERS explained the Bill.
Rep. J. BRADLEY raised the Point of Order that only a committee member or author of a Bill may be allowed to speak on such Bill during the uncontested period of the Calendar.
The SPEAKER cited Rule 6.3, subsection 14(g), that the SPEAKER may recognize a proponent and an opponent to make comments on the Bill, and he overruled the Point of Order.
Rep. J. ROGERS continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. J. ROGERS having the floor.
Rep. T. ROGERS moved that the House recur to the morning hour, which was agreed to.
Rep. TOAL arose to a Point of Personal Privilege regarding an article in "The State" Newspaper.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. ROGERS having the floor.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988 ; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Rep. J. ROGERS continued speaking.
Rep. AYDLETTE proposed the following Amendment No. 1.
Amend as and if amended, Section 2, page 3, beginning on line 41, strike the remainder of the Section.
Rep. AYDLETTE explained the amendment.
Rep. J. ROGERS moved to adjourn debate upon the Bill.
Rep. J. BRADLEY moved to table the motion to adjourn debate which was rejected by a division vote of 40 to 40.
The question then recurred to the motion to adjourn debate.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, G. Brown, H. Burriss, M.O. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Davenport Edwards Evatt Fair Ferguson Foxworth Gordon Harris, J. Haskins Hawkins Hayes Hendricks Hodges Koon Mappus Martin, L. Mattos McAbee McCain McTeer Pettigrew Petty Rice Rogers, J. Simpson Sturkie Thrailkill Toal Wilder
Those who voted in the negative are:
Altman Bailey, K. Bennett Blanding Boan Bradley, J. Brown, J. Brown, R. Chamblee Dangerfield Day Derrick Elliott Faber Felder Foster Gregory Harris, P. Holt Huff Johnson, J.W. Kay Keyserling Kirsh Lewis Limehouse Martin, D. McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Phillips, O. Rogers, T. Rudnick Sheheen Shelton Stoddard Townsend Tucker Washington Whipper White Williams Winstead
So, the motion to adjourn debate on the Bill was rejected.
Rep. L. MARTIN spoke against the amendment.
Reps. TOAL, J. ROGERS and HASKINS objected to the Bill.
The following Joint Resolution was taken up.
S. 605 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO WRITTEN AGREEMENTS WITH LICENSED AUCTION FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 738, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. T.M. BURRISS moved to table the Joint Resolution, which was agreed to.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 606 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO AUCTION FIRM LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 736 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO BURGLAR ALARM SYSTEM BUSINESS LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 805, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. T.M. BURRISS explained the Joint Resolution.
At 11:15 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R148) S. 650 -- Senators Nell W. Smith, Hayes, Moore, Mitchell, Bryan, Lindsay, Thomas E. Smith, Jr, Holland, Shealy, Martin, Dennis, Williams, Land, Patterson, Pope, Courson, McGill, Powell, Giese, Macaulay, Lourie, Doar, J. Verne Smith, Garrison, Horace C. Smith, Waddell, McConnell, Peeler, Hinson, Lee, Saleeby, Applegate, Stilwell, Matthews, Setzler, Drummond, Wilson, Thomas and Branton: AN ACT TO AMEND CHAPTER 7, ARTICLE 9, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1335 SO AS TO ALLOW A FIRST TIME NONVIOLENT JUVENILE OFFENDER TO PETITION THE FAMILY COURT FOR THE DESTRUCTION OF HIS JUVENILE RECORD UNDER CERTAIN CONDITIONS.
(R149) S. 671 -- Senator Thomas E. Smith, Jr.: AN ACT TO AMEND CHAPTER 11, TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIDUCIARIES GENERALLY, BY ADDING SECTION 21-11-5 SO AS TO PROTECT BENEFICIARIES FROM CONFLICTS OF INTERESTS OF TRUSTEES THAT MAY ARISE IF TRUSTEES PARTICIPATE IN DECISIONS TO MAKE DISCRETIONARY DISTRIBUTIONS OF INCOME OR PRINCIPAL TO THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, AND TO PROTECT THEMSELVES WHEN MAKING DISCRETIONARY ALLOCATIONS IN THEIR FAVOR OF RECEIPTS AND EXPENSES BETWEEN INCOME AND PRINCIPAL.
(R150) S. 557 -- Senator Garrison: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ANDERSON COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ANDERSON COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
(R151) S. 754 -- Senator Powell: AN ACT TO PROVIDE THAT THE TERMS OF ALL SCHOOL TRUSTEES IN ABBEVILLE COUNTY MUST COMMENCE ON THE FIRST DAY OF JULY FOLLOWING THE TRUSTEES' ELECTION RATHER THAN THE TIME SPECIFIED IN SECTION 59-19-315 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
(R152) S. 717 -- Senators Setzler, Drummond, Peeler, Moore and Hinson: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 SO AS TO REQUIRE ADVERTISEMENTS OF TEXTILE PRODUCTS TO DISCLOSE WHETHER THE PRODUCTS ARE IMPORTED OR MADE IN THE UNITED STATES OF AMERICA.
(R153) S. 512 -- Senators Bryan, Thomas E. Smith, Jr., Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES ALSO MAY BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE, ALCOHOL AND DRUG ABUSE COMMITMENT.
(R154) S. 535 -- Banking and Insurance Committee: AN ACT TO REPEAL SECTION 15-78-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AS TO INSURANCE COMPANIES OR REINSURANCE COMPANIES SELECTED BY POLITICAL SUBDIVISIONS TO HANDLE OR ASSIST IN HANDLING INSURANCE PROGRAMS REQUIRED BY THE PROVISIONS OF THE SOUTH CAROLINA TORT CLAIMS ACT.
(R155) S. 767 -- Senator Long: AN ACT TO AMEND SECTION 59-53-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE HORRY-GEORGETOWN TECHNICAL EDUCATION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE ON PROPERTY MUST BE EXECUTED.
(R156) H. 3073 -- Rep. Cooper: AN ACT TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO WESTERN CAROLINA REGIONAL SEWER AUTHORITY SO AS TO ADD A NEW AREA TO THE DISTRICT, AND PROVIDE THAT THIS NEW AREA MAY NOT BECOME PART OF THE AUTHORITY UNTIL THE EXECUTION OF AN AGREEMENT BY THE AUTHORITY, THE ANDERSON COUNTY SEWER AUTHORITY, AND ANDERSON COUNTY, WITH RESPECT TO THE INSTALLATION OF COLLECTION LINES WITHIN THIS NEW AREA.
(R157) H. 3119 -- Charleston Delegation: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1987-88 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1987-88.
(R158) H. 2271 -- Rep. Pearce: AN ACT TO AMEND SECTION 16-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING A FIRE TO SPREAD TO PROPERTY OF ANOTHER, SO AS TO REDUCE THE MINIMUM FIRST OFFENSE IMPRISONMENT PENALTY FROM TWENTY DAYS TO FIVE DAYS AND TO INCREASE THE MAXIMUM FIRST OFFENSE FINE PENALTY TO TWO HUNDRED DOLLARS, TO DELETE THE COURTS AUTHORITY TO IMPOSE BOTH A FINE AND IMPRISONMENT FOR A FIRST OFFENSE.
(R159) H. 2409 -- Reps. T.M. Burriss, Lockemy, M.D. Burriss and Corning: AN ACT TO AMEND SECTIONS 40-33-10, 40-33-20, 40-33-50, 40-33-260, 40-33-290, 40-33-520, 40-33-530, 40-33-560, 40-33-720, 40-33-730, 40-33-760, 40-33-910, 40-33-920, 40-33-935, 40-33-940, 40-33-950, 40-33-1120, AND 40-33-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, SO AS TO DEFINE TEMPORARY PERMIT, LICENSE, LAPSED LICENSE, VOLUNTARY SURRENDER, INACTIVE LICENSE, ACCREDITATION, INCREASE THE PENALTY FOR UNLICENSED NURSING PRACTICE; AUTHORIZE THE BOARD TO DENY LICENSURE BECAUSE OF INCOMPETENCE OR UNPROFESSIONAL CONDUCT; REPLACE THE TERM "REGISTRATION" WITH "LICENSURE" AND THE TERM "ACCREDITATION OF SCHOOLS OF NURSING" WITH "APPROVAL OF NURSING EDUCATION PROGRAMS"; TO PROVIDE PRACTICAL NURSE EDUCATION; TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE LICENSE OF A PRACTICING NURSE WHO HAS DECLINED OR BEEN UNSUCCESSFUL IN ACCOMPLISHING CHEMICAL ABUSE REHABILITATION; TO ADD SECTION 40-33-220 SO AS TO ENUMERATE THE POWERS OF THE BOARD OF NURSING; AND TO REPEAL SECTIONS 40-33-300, AND 40-33-1140 THROUGH 40-33-1160 RELATING TO ACCREDITATION OF COURSES FOR PRACTICAL NURSES.
(R160) H. 2012 -- Rep. Kay: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-460 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL KNOWINGLY TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
(R161) H. 2103 -- Reps. P. Harris, J. Harris, Helmly and P. Bradley: AN ACT TO AMEND SECTIONS 44-52-10, 44-52-20, 44-52-70, 44-52-110, 44-52-120, AND 44-52-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO DEFINE "CHEMICALLY DEPENDENT PERSON IN NEED OF EMERGENCY COMMITMENT" AND "CHEMICALLY DEPENDENT PERSON IN NEED OF INVOLUNTARY COMMITMENT", TO PROVIDE THAT PERSONS WHO APPEAR TO BE AND BELIEVE THEMSELVES TO BE CHEMICALLY DEPENDENT MAY SEEK VOLUNTARY ADMISSION TO A TREATMENT FACILITY, TO PROVIDE THAT A PETITION FOR INVOLUNTARY COMMITMENT MAY BE FILED IN THE COUNTY WHERE THE PERSON TO BE COMMITTED IS PRESENT, TO PROVIDE THAT THE COURT MAY ORDER INVOLUNTARY COMMITMENT TO THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH OR ANY OTHER LICENSED TREATMENT FACILITY, TO PROVIDE FOR A NOTICE OF INTENT TO DISCHARGE A PATIENT, AND TO PROVIDE FOR REVIEW OF OBJECTIONS TO DISCHARGE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-52-65 SO AS TO PROVIDE FOR TRANSFER OF PATIENTS TO LESS RESTRICTIVE SETTINGS.
(R162) H. 3076 -- Orangeburg Delegation: AN ACT TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR ONE ADDITIONAL MILL OF THE TAX LEVY IN THE COUNTY TO BE USED BY THE COUNTY BOARD OF EDUCATION AND THAT SCHOOL DISTRICT NOS. 3 AND 7 MAY ADD MILLAGE FOR THE 1987-88 FISCAL YEAR WITHOUT A REFERENDUM.
(R163) H. 2931 -- Rep. McLellan: AN ACT TO ESTABLISH A PLAN FOR ALLOCATING THE STATE CEILING ON THE ISSUANCE OF PRIVATE ACTIVITY BONDS IMPOSED BY THE FEDERAL TAX REFORM ACT OF 1986, PUBLIC LAW 99-514.
(R164) H. 2263 -- Judiciary Committee: AN ACT TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO PROVIDE FOR THE MANNER IN WHICH CHAPTER 4 OF TITLE 30 MUST BE CONSTRUED; AND TO AMEND SECTIONS 30-4-20, 30-4-30, 30-4-40, 30-4-70, 30-4-80, AND 30-4-100, RELATING TO FREEDOM OF INFORMATION IN THIS STATE, SO AS TO FURTHER PROVIDE THEREFOR.
At 11:25 A.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 2786 -- Rep. Lewis: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.
The following Bill was taken up.
H. 2850 -- Reps. McAbee, Williams, Carnell, Harvin, Faber, Elliott, Nesbitt, Taylor, Cooper, Blanding, P. Harris, Washington, Rhoad, Beasley, Whipper, Winstead, Gilbert, J. Brown, J. Rogers, Shelton, Cordon, Wells, McGinnis, O. Phillips, Ferguson, Petty, Day, Baxley and Arthur: A BILL TO AMEND SECTIONS 9-9-40, 9-9-60, 9-9-65, AND 9-9-66, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE RETIREMENT AGE UNDER THE SYSTEM FROM SIXTY TO FIFTY-FIVE, AND TO MAKE THE SIMILAR CHANGE IN CERTAIN CROSS-REFERENCED AREAS OF CHAPTER 9 OF TITLE 9.
Reps. KIRSH, T. ROGERS, FOXWORTH and HOLT objected to the Bill.
The following Bill was taken up.
H. 2868 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 12-7-2416, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHECK-OFF CONTRIBUTION FOR THE CHILDREN'S TRUST FUND APPEARING ON THE STATE INDIVIDUAL TAX RETURN, SO AS TO REQUIRE THE CHECK-OFF ON ALL STATE INCOME TAX RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFF APPEARING ON THE RETURN.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4319Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 12-7-2415 of the 1976 Code is amended to read:
"Section 12-7-2415. (A) Each individual taxpayer required to file a state income tax return and3 who desires to contribute to the nongame wildlife and natural areas program of the state may designate such3 the contribution, as provided in this section, on the appropriate state income tax form. The contribution shall may not increase or decrease the income tax liability of any taxpayer, and may be made by reducing the income tax refund of the taxpayer or spouse by the amount designated or by accepting additional payment from the taxpayer or spouse by the amount or amounts designated, whichever is appropriate.
(B) Each All South Carolina individual income tax return form shall forms must contain a designation in substantially the following form: for a contribution to the nongame and natural areas program.
South Carolina Nongame and Natural Areas Program 1. Individual returns:
(a) If you are entitled to a refund, check if you wish to designate ( ) $1, ( ) $3, ( ) $5 of, but not to exceed your tax refund for this program. Your refund will be
(b) If you owe an additional amount, check if you wish to contribute an additional ( ) $1, ( ) $3, ( ) $5 for this program with your payment and add this amount to your payment.
2. Joint returns:
(a) If you are entitled to a refund, check if you with to designate ( ) $1, ( ) $3, ( ) $5, ( ) $10 of, but not to exceed, your tax refund for this program. Your refund will be reduced by this amount.
(b) If you owe an additional amount, check if you wish to contribute an additional ( ) $1, ( ) $3, ( ) $5, ( ) $10 for this program with your payment and add this amount to your payment.
The instructions accompanying the individual income tax form shall contain a description of the purposes for which the nongame species and habitat acquisition programs were established and the use of monies from the income tax contribution.
(C) Taxpayers who are entitled to refunds shall have such the refunds reduced by the amount designated pursuant to subsection (B). The Tax Commission commission shall determine annually the total amount so designated, plus the amount received in excess payments so designated and shall report such the total amount to the State Treasurer. The State Treasurer shall credit such the total amount to the Nongame Wildlife and Natural Areas Fund established in subsection (D) herein.
(D) (1) There is established a special fund to be known as the 'Nongame Wildlife and Natural Areas Fund' which shall consist of all monies transferred to it under this section, donations to the Nongame and Endangered Species or Heritage Trust Programs of the Wildlife and Marine Resources Department, and all interest earned thereon.
(2) All balances in the Nongame Wildlife and Natural Areas Fund shall must be carried forward each year so that no part thereof shall revert reverts to the general fund of the State.
(3) The Wildlife and Marine Resources Department may expend monies held in the Nongame Wildlife and Natural Areas Fund in furtherance of the department's Nongame and Endangered Species Programs, Heritage Trust Programs, and for related educational projects and programs.
(4) Revenues produced by this contribution are supplemental and are in no way intended to take the place of funding that would otherwise be appropriated for these purposes.
(E) The incremental cost of administration of the contribution shall must be paid out of the fund provided in subsection (D) of this section, upon warrants drawn by the Tax Commission commission upon the State Treasurer, before any funds are expended as provided in this section.
(F) The Department department shall make a report to the General Assembly as early in January of each year as may be practicable, which shall include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.
SECTION 3. This act shall take effect upon approval by the Governor./"
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. EVATT asked unanimous consent that H. 2868 be read a third time tomorrow.
Rep. J. BRADLEY objected.
The following Bill was taken up.
H. 2960 -- Rep. Toal: A BILL TO AMEND SECTIONS 31-6-70, 31-6-80, 31-6-100, AND 31-6-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS SO AS TO CHANGE THE BASE YEAR FOR CALCULATING THE INCREMENT FROM THE YEAR BEFORE THE BONDS ARE ISSUED TO THE YEAR IN WHICH THE PLAN IS ADOPTED BY THE MUNICIPALITY; PROVIDE THAT OBLIGATIONS MUST BE DIVIDED IN A CERTAIN MANNER AFTER THEY ARE RETIRED; PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO DERIVE THE BENEFIT OF THE FIVE-YEAR INCREMENT, IT MUST TAKE AFFIRMATIVE ACTION; REQUIRE THE ESTIMATED TERM OF BONDS ISSUED TO FINANCE THE REDEVELOPMENT PLAN BE STATED IN A NOTICE TO VARIOUS TAXING DISTRICTS; SUBSTITUTE THE COUNTY AUDITOR FOR THE COUNTY ASSESSOR AS THE PROPER OFFICIAL TO CERTIFY THE ASSESSED VALUE OF THE PROPERTY WITHIN THE REDEVELOPMENT PROJECT; AND AUTHORIZE A MUNICIPALITY TO AVAIL ITSELF OF ANY POWERS GRANTED UNDER PROVISIONS OF LAW WHICH PROVIDE FOR THE FINANCING OF WATER AND SEWER SYSTEMS INSTEAD OF AUTHORIZING THE REVENUES FROM THESE SYSTEMS TO BE PLEDGED TO SECURE THE BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 6 OF TITLE 31 (TAX INCREMENT FINANCING LAW).
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4526Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The fifth paragraph of Section 31-6-40 of the 1976 Code is amended to read:
"A municipality also may issue its obligations to refund in whole or in part obligations previously issued by such the municipality under the authority of this chapter, whether at or prior to maturity and all references in this chapter to 'obligations' are considered to include these refunding obligations."
SECTION 2. Section 31-6-70 of the 1976 Code is amended to read:
"Section 31-6-70. A municipality, at the time a redevelopment project area is designated and which has undertaken acts establishing a redevelopment plan and redevelopment project and designed a redevelopment project area, which acts are in conformance with the procedures of this chapter within five years after the date of adoption of an ordinance providing for approval of a redevelopment plan pursuant to Section 31-6-80, may issue obligations under this chapter to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligation; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified 'total initial equalized assessed value' established in accordance with subsection (b) of Section 31-6-100 of all taxable real property in such the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in such the proJect area by taxing districts and tax rates determined in the manner provided in subsection (b) of Section 31-6-100 each year after the obligations have been issued the effective date of the ordinance until obligations issued under this chapter have been retired redevelopment project costs have been paid must be divided as follows:
(a) That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of each such all taxable lot, block, tract, or parcel of real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan.; and
(b) That portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of each all taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the total initial equalized assessed value of each taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the municipality who shall deposit the taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The municipality may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of such the costs and obligations.
Any ordinance adopted based on acts of the municipality occurring prior to the effective date of this chapter must incorporate by reference and adopt those prior acts undertaken in accordance with the procedures of this chapter as if they had been undertaken pursuant to this chapter.
When obligations issued under this chapter have been retired redevelopment project costs incurred under this chapter have been paid, as evidenced by resolution of the governing body of the municipality, all surplus funds then remaining in the special tax allocation fund must be paid by the municipal treasurer to the county treasurer who shall immediately, after receiving the payment, pay the funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a municipality issued under this chapter, and the distribution of any surplus monies pursuant to this section or, if five years have passed from the time a redevelopment project area is designated and the municipality has not issued obligations under this chapter to finance the redevelopment project, upon the expiration of the five-year term, the municipality shall adopt an ordinance dissolving the tax allocation fund, if any, for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter."
SECTION 3. Section 31-6-80 of the 1976 Code is amended to read:
"Section 31-6-80. Prior to the issuance of any obligations under this chapter, the municipality shall set forth by way of ordinance the following:
(a) A a copy of the redevelopment plan containing a statement of the objectives of a municipality with regard to the plan.;
(b) A a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan.;
(c) A a statement containing the cost estimates of the redevelopment plan and redevelopment project and the projected sources of revenue to be used to meet the costs including estimates of tax increments and the total amount of indebtedness to be incurred.;
(d) A a list of all real property in the redevelopment project area.;
(e) The the duration of the redevelopment plan.;
(f) A a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located.;
(g) Findings findings that (i) the redevelopment project area is a blighted or conservation area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance, (ii) property values in the area would remain static or decline without public intervention, and (iii) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the municipality.
Before approving any redevelopment plan under this chapter and the issuance of obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan and the issuance of obligations after published notice in a newspaper of general circulation in the county in which the municipality and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include the following:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing; and
(4) a description of the redevelopment plan and redevelopment project.; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.
Not less than forty-five days prior to the date set for the public hearing, the municipality shall give notice to all taxing districts of which taxable property is included in the redevelopment project area, and in addition to the other requirements of the notice set forth in the section, the notice shall request each taxing district to submit comments to the municipality concerning the subject matter of the hearing prior to the date of the public hearing.
If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The municipality may issue obligations to finance the redevelopment project if less than all taxing districts consent to the redevelopment plan. The tax increment for a taxing district that does not consent to the redevelopment plan must not be included in the special tax allocation fund after the first fifteen years after the initial issuance of obligations to finance such plan. No consent is required of any taxing district if the term of the proposed initial obligations is fifteen years or less or, in the case of any additional or refunding obligations, if the term of the obligations is not greater than the later of (a) fifteen years from the date of issuance of the initial or refunded obligations or (b) the remaining term of the initial or refunded obligations.
Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 31-6-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the municipality in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.
After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or nature of the redevelopment project must be approved by ordinance of the municipality in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area."
SECTION 4. Section 31-6-100 of the 1976 Code is amended to read:
"Section 31-6-100. (a) (A) If a municipality by ordinance provides for the issuance of obligations pursuant to Section 31-6-70, the county assessor immediately after issuance must approves a redevelopment plan pursuant to Section 31-6-80, the auditor of the county in which the municipality is situated, immediately after adoption of the ordinance pursuant to Section 31-6-80, must, upon request of the municipality, determine and certify:
(1) the most recently ascertained equalized assessed value of each, lot, block, tract, or parcel of all taxable real property within the redevelopment project area, as of the date of adoption of the ordinance adopted pursuant to Section 31-6-80, which value is the 'initial equalized assessed value' of each piece of the property,; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area by adding together the most recently ascertained equalized assessed value of each taxable lot, block, tract, or parcel of real property within the project area and certifying the amount as the 'total initial equalized assessed value' of the taxable real property within the redevelopment project area.
(b) (B) After the county assessor auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county assessor auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate per cent percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate per cent percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the municipality adopts an ordinance dissolving the special tax allocation fund for the redevelopment project."
SECTION 5. Section 31-6-110 of the 1976 Code is amended to read:
"Section 31-6-110. Revenues received by the municipality from any property, building, or facility owned by the municipality or any agency or authority established by the municipality in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the municipality incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The municipality is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the municipality may make any pledges and covenants authorized by any provision of those chapters. The municipality may place the revenues in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Revenue received by the municipality from the sale or other disposition of real property acquired by the municipality with the proceeds of obligations issued under the provisions of this chapter must be deposited by the municipality in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Proceeds of grants may be pledged by the municipality and deposited in the special tax allocation fund or a separate fund."
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 2960 be read the third time tomorrow.
The following Bill was taken up.
H. 2997 -- Reps. P. Harris, Carnell, J. Harris and Aydlette: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PERMANENT FULL-TIME STATE EMPLOYEES WHO ARE TEMPORARILY DISABLED BY AN INMATE, PATIENT, OR CLIENT, SO AS TO LIMIT THE LEAVE TO ONE HUNDRED EIGHTY DAYS.
Rep. P. HARRIS explained the Bill.
Further proceedings were interrupted by the expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. P. HARRIS having the floor.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. P. HARRIS having the floor.
H. 2997 -- Reps. P. Harris, Carnell, J. Harris and Aydlette: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PERMANENT FULL-TIME STATE EMPLOYEES WHO ARE TEMPORARILY DISABLED BY AN INMATE, PATIENT, OR CLIENT, SO AS TO LIMIT THE LEAVE TO ONE HUNDRED EIGHTY DAYS.
Rep. P. HARRIS continued speaking.
The Bill was read the second time and ordered to third reading.
Rep. WINSTEAD moved to adjourn debate upon the following Bill until Thursday, May 21, which was adopted.
S. 718 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.
Rep. WINSTEAD moved to adjourn debate upon the following Bill until Thursday, May 21, which was adopted.
S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.
The following Bill was taken up.
H. 2544 -- Rep. Toal: A BILL TO AMEND SECTIONS 24-23-210 AND 24-23-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND PROVIDE THAT THEY MUST BE DEPOSITED ONLY IN THE VICTIM'S COMPENSATION FUND.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4879Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 24-23-210 of the 1976 Code is amended to read:
"Section 24-23-210. The community corrections program shall be supported by revenue generated as follows:
A. When any person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine, or when any person forfeits bond, including the assessment hereinafter provided, to any offense within the jurisdiction of a municipal, recorder's, or magistrate's court other than a nonmoving traffic violation, there is imposed an assessment, in addition to any other costs or fines imposed by law, in the sum of two four dollars. Any person posting bond for an offense shall post the two four dollar assessment at the same time. If such the person is not convicted of the offense with which he is charged, the assessment shall must be returned to him at the same time his bond is returned. If such the person has not posted bond and is convicted or pleads guilty or nolo contendere, the two four dollar assessment shall must be paid to the recorder's, magistrate's, or municipal court at the time a sentence is imposed.
B. When any person is convicted, pleads guilty or nolo contendre and is sentenced to payment of a fine or when any person forfeits bond to any offense within the jurisdiction of the Court of General Sessions, there is hereby imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of twenty twenty-five dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment shall must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Parole and Community Corrections and has not otherwise paid the assessment, the assessment shall must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars to the Victim's Compensation Fund.
Provided, that any Any circuit court judge may waive or suspend the imposition of all or part of the assessment made under Item B upon finding that the assessment would place severe financial hardship upon the offender or his family.
Provided, further that the Deputy Director, with the approval of the Director, and upon the approval of the judge who imposed the restitution charge may suspend imposition of all or part of a restitution charge made under Item B upon showing made by petition of the offender that the restitution charge would place severe financial hardship upon the offender or his family."
SECTION 2. Section 24-23-220 of the 1976 Code is amended to read:
"Section 24-23-220. Assessments, restitution charges, and assessments imposed as a condition of probation which are collected by clerks of court for the Court of General Sessions and assessments collected by magistrates' courts shall must be paid monthly to the county treasurer of the county where the court is located.
Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 shall must be collected by the supervising agent who shall transmit those funds to the Parole and Community Corrections Board where it shall must be deposited in the State Treasury. The county treasurer, after duly noting and recording the receipt of such the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts shall must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of such the payments, shall transfer those funds to the State Treasurer as above provided. One-half of From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 shall must be appropriated to the Department in subsequent years for the express purpose of developing and operating community corrections programs. The remainder of the funds shall must be deposited in the Victim's Compensation Fund as created in Section 16-3-1290. The Board shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred to the State Treasurer."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOAL explained the amendment.
Reps. ARTHUR, KIRSH and O. PHILLIPS objected to the Bill.
The following Bill was taken up.
H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4779Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds and declares:
(1) that the preservation of the quality of surface waters and groundwaters of the State of South Carolina is of prime public interest and concern of the State in promoting its general welfare, preventing disease, promoting health, and providing for the public safety;
(2) that significant quantities of petroleum and petroleum products are being stored in underground storage systems in the State;
(3) that spills, leaks, and other discharges from underground petroleum storage systems have occurred, are occurring, and will continue to occur, and these discharges pose a threat to the quality of the groundwaters and surface waters of this State;
(4) where contamination of the groundwater and surface water has occurred, remedial measures may often be delayed for a long period while determinations as to liability and the extent of liability are made;
(5) that these delays could result in the continuation and intensification of the threat to the public health, safety, and welfare and greater damage to the environment, and in significantly higher cost to contain or remove the contamination; and
(6) that adequate financial resources must be readily available to provide a means for investigation and clean up of spills, leaks, and other discharges of petroleum and petroleum products from underground storage tanks without delay.
(B) It is the intent of the General Assembly in enacting this legislation to strengthen the regulatory control of underground storage tanks and to establish a separate account to serve as a depository for funds which will enable the Department of Health and Environmental Control to respond without delay to incidents of contamination related to releases from underground tanks which store petroleum and petroleum products in order to protect the public health, safety, welfare, and minimize environmental damages.
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Section 44-2-10. This chapter is known and may be cited as the State Underground Petroleum Environmental Response Bank Act of 1987.
Section 44-2-20. When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Fund' means the funds provided for under this chapter and deposited in the Superb Account hereinafter created.
(3) 'Operator' means any person operating an underground storage tank whether by lease, contract, or other form of agreement.
(4) 'Owner' means any person owning an underground storage tank.
(5) 'Person' means any individual, partner, corporation organized or united for a business purpose, or a governmental agency.
(6) 'Person in charge' means the person on the scene who is in direct, responsible charge of an underground storage tank.
(7) 'Petroleum' and 'petroleum product' means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).
(8) 'Regulated substance' means:
(a) any substance defined in Section 101 ( 14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including any substance regulated as a hazardous waste under Subtitle C thereof; and
(b) petroleum and petroleum product.
(9) 'Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water, or subsurface soils.
(10) 'Response action' means activity, including the evaluation, planning, design, engineering, construction, or other services which are carried out in response to any discharge, release, or threatened release of petroleum or petroleum products from an underground storage tank.
(11) 'Response action contractor' means any person who is carrying out a response action, including a person retained or hired by these persons to provide services relating to a response action.
(12) 'Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. The term does not include any:
(a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) tank used for storing heating oil for consumptive use on the premises where stored;
(c) septic tank;
(d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968, or the Federal Hazardous Liquid Pipeline Safety Act of 1979. A pipeline facility which is an intrastate pipeline facility regulated under state laws comparable to the above provisions of law referred to in this subitem (d) is also not included within the definition of an underground storage tank;
(e) surface impoundment, pit, pond, or lagoon;
(f) storm water or waste water collection system;
(g) flow-through process tank;
(h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or
(i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor; or
(j) any pipes connected to any tank which is described in subitems (a) through (i).
Section 44-2-30. Funds from the Superb Account hereinafter created may be used by the department in the manner authorized by this chapter to clean up releases from underground residential tanks storing petroleum or petroleum products but the owners or operators thereof are not subject to the permitting, registration, financial responsibility, and leak detection and prevention requirements of this chapter.
Section 44-2-40. (A) There is created within the state general fund a separate and distinct account to be called the 'Superb Account' to be administered by the state treasurer and expended by the department for purposes of this chapter.
(B) This fund must be used to carry out the provisions of this chapter and for the rehabilitation of any site contaminated with petroleum or petroleum products released from an underground storage tank. The rehabilitation consists of cleanup of affected soil, groundwater, and surface waters. The fund must be further used for the payment of any reasonable costs incurred by the department in providing field and laboratory services and other assistance by the department in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant or by any other department in the State. Funds in the Superb Account also may not be used to pay any liability claims against the owners or operators of the underground storage tank but may only be used for the purpose of cleaning up releases from the tank or the rehabilitation of any contaminated site.
(C) The Superb Account must be used by the department for carrying out the purposes of this chapter. The fund must be credited with all fees, charges, and judgments allowable under this chapter. Charges against the Superb Account may only be made in accordance with the provisions of this chapter.
Section 44-2-50. ( A) The department shall promulgate regulations relating to permitting, and release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section shall include the following requirements for underground storage tanks:
(1) requirements for submitting a permit application and obtaining permits prior to the installation and operation of an underground storage tank;
(2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;
(4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;
(5) requirements for taking corrective action in response to a release from an underground storage tank; and
(6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment.
(B) The department shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided in Section 44-2-110, the department thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The department shall also establish criteria for the rehabilitation of any site contaminated with petroleum or petroleum products released from an underground storage tank, the criteria and documentation necessary for an application for reimbursement of site rehabilitation costs from the Superb Account, and general procedures that response action contractors must follow during clean up.
(C) For purposes of enforcing this chapter and any regulations promulgated pursuant thereto, any representative or employee of the department is authorized:
(1) to enter at reasonable times any establishment or other place where an underground storage tank is located;
(2) to inspect and obtain samples of any regulated substance contained in the tank; and
(3) to copy any records, reports, information, or test results relating to the purpose of this chapter.
Section 44-2-60. (A) Any person who owns an underground tank which stores a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration sticker issued by the department in plain view upon the tank or the dispensing or measuring device connected therewith or, where appropriate, a registration certificate listing all registered tanks at a facility in plain view in the office or the kiosk of facility where the tanks are registered.
(B) Upon application for a registration sticker or certificate as described in subsection (A) above, the owner shall pay to the department an initial registration fee in the amount of twenty-five dollars per tank and a biennial renewal fee of fifteen dollars per tank per year.
Section 44-2-70. (A) No later than April 1, 1988, any person who owns an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the amount of one hundred thousand dollars for corrective action or cleanup of releases and three hundred thousand dollars for third party bodily injury and property damage per occurrence with an annual aggregate of three hundred thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, or any other method satisfactory to the department.
The owner must demonstrate evidence of financial responsibility to the department.
(B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from operating an underground storage tank which shall become effective five years from the date of enactment of this chapter.
Section 44-2-80. Any person who releases a regulated substance from an underground storage tank shall immediately undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake the removal of the release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup.
Section 44-2-90. (A) There is levied an excise tax of one quarter of one cent a gallon on all gasoline and diesel subject to the state motor fuel tax and must be remitted to the South Carolina Tax Commission in the same manner as the motor fuel tax until the balance in the Superb Account equals or exceeds an unobligated balance of fifteen million dollars after which no excise tax may be levied unless:
(1) the balance in the Superb Account is less than or equal to an unobligated balance of eight million dollars in which case the excise tax provided herein will resume ninety days following the end of the month in which the unobligated balance occurs and shall continue until the balance in the Superb Account again equals or exceeds an unobligated balance of eight million dollars;
(2) the balance in the Superb Account is insufficient to pay all proven costs against the account, and in that event the excise tax provided herein must be one quarter of one cent a gallon until the proven costs have been paid or the amount sufficient to pay the costs has accrued to the Superb Account and the remainder in the account equals or exceeds three million dollars at which time the provisions of item (1) above shall control;
(B) Any interest accruing on the Superb Account must be credited only to the Superb Account;
(C) The excise tax must be levied as described in subsection (A) above for a period of five years from the date of enactment of this chapter. Any funds remaining in the Superb Account after this five year period must be dedicated to a fund to be administered by the department for the purpose of cleaning up 'orphan' sites, defined as those sites which demand a cleanup but where liability has not been, or cannot be, clearly established.
Section 44-2-100. The excise tax provided for in this chapter must be collected in the same manner and under the same terms and conditions as motor fuel taxes are collected by the South Carolina Tax Commission pursuant to Chapter 27 of Title 12. The funds collected must be credited to the Superb Account. This excise tax must be in addition to all other taxes imposed on or paid by any dealer in gasoline or diesel fuel and who acts as a collection agent for the State under applicable provisions of law.
The Tax Commission shall promulgate regulations, establish audit procedures for the conduct of audits, assess for delinquencies, and prescribe and publish the forms as necessary to effectuate the purpose of this section.
Section 44-2-110. To encourage early detection, reporting, and cleanup of releases from leaking petroleum storage tanks, the department, within the guidelines established in this section, shall conduct an early detection incentive program which provides for a twenty-four month general grace period beginning on January 1, 1987, and ending on December 31, 1988. Pursuant thereto, the department shall establish reasonable requirements for the written reporting of petroleum releases and distribute the forms to all persons registering tanks under this chapter and to all other interested parties upon request to be used for the purpose of reporting petroleum releases. Until the forms are available for distribution, the department shall take reports of these releases however made but shall notify any person making a report that a written report of the release will be required by the department at a later time, the form for which will be provided by the department. All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1986, to midnight on December 31, 1988, regardless of whether the release occurred before or after January 1, 1987, are qualified sites for the expenditure of funds from the Superb Account, provided that a written report is filed with respect thereto. Any funds so expended must be absorbed at the expense of the Superb Account, without recourse to reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to any site where the department has initiated an administrative or civil enforcement action prior to December 31, 1986.
(2) The provisions of this section do not apply to any site where the department has been denied site access to implement the provisions of this chapter.
(3) The provisions of this section must not be construed to authorize or require reimbursement from the Superb Account for costs expended prior to December 31, 1986.
Section 44-2-120. Nothing in this chapter may be construed to prohibit a person from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by the person.
Section 44-2-130. (A) To encourage voluntary rehabilitation, a person conducting site rehabilitation under this chapter, either through his own personnel or through response action contractors or subcontractors, is entitled to reimbursement from the Superb Account for reasonable costs incurred in connection with the site rehabilitation. Prior to or during the grace period established under the early detection incentive program, the person is eligible for reimbursement of all reasonable costs incurred in connection with site rehabilitation. Subsequent to the grace period and so long as funds are available in the Superb Account, the person is eligible for reimbursement of reasonable costs incurred in excess of one hundred thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less.
(B) Notwithstanding subsection (A), no person is entitled to reimbursement of more than one million dollars from the Superb Account for costs incurred in connection with site rehabilitation.
(C) No person is entitled to reimbursement from the Superb Account for rehabilitation of any site excluded from participation in the early detection incentive program as established herein.
(D) No person is entitled to reimbursement from the Superb Account for site rehabilitation unless rehabilitation has been completed in accordance with cleanup criteria established by the department and the procedural requirements of this section have been met.
(E) No person is entitled to reimbursement from the Superb Account for the costs of repair or replacement of any tank or equipment.
(F) Reimbursement from the Superb Account to a person conducting site rehabilitation either through his own personnel or through response action contractors or subcontractors is not considered a state contract or subject to state bid requirements.
(G)(1) Within thirty days of initiating site rehabilitation or intent to initiate site rehabilitation, written notice of the intention or initiation must be submitted to the department together with sufficient demonstration of sites and conditions prior to the initiation of cleanup.
(2) The person responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours.
(3) Within thirty days of receipt of notice of initiation of site rehabilitation or the intent to initiate site rehabilitation, the department shall make a determination and provide written notice as to whether the person responsible for site rehabilitation is eligible or ineligible for participation in the early detection incentive program as provided for herein. Should the department determine the applicant is ineligible, it shall include in its written notice an explanation setting forth in detail the reasons for the determination.
(H)(1) Upon cessation of site rehabilitation, the person responsible for conducting the site rehabilitation shall submit to the department within thirty days of the cessation a written notice that site rehabilitation has been completed.
(2) No later than thirty days after submission of the notice of completion of site rehabilitation, the person responsible for conducting site rehabilitation shall submit to the department evidence of proper site rehabilitation and an application for reimbursement of costs in accordance with criteria established by the department pursuant to this chapter. The application for reimbursement must include the total amount of reimbursement sought.
(3) Notwithstanding item (2) of this subsection, the person responsible for conducting site rehabilitation may apply to the department for reimbursement of costs on a quarterly basis provided the person is following departmental criteria and is proceeding according to schedules approved by the department.
(I) Upon receipt of a complete application for reimbursement as described in subsection (H) above, the department shall make those investigations and inquiries as are necessary to enable the department to approve or deny the application. Upon final determination the department shall provide written notice to the applicant of its findings setting forth in detail the reason for the approval or denial and the amount approved for reimbursement. The department shall then request the State Treasurer to make payment of any approved reimbursement from the Superb Account.
(J) The provisions of this section do not apply to rehabilitation of any site owned or operated by the federal government.
Section 44-2-140. (A) Whenever the department finds that any person is in violation of any provision of this chapter or any regulation promulgated hereunder, the department may issue an order requiring the person to comply with the provision or regulation or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.
(B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) above is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.
(C) Any person who willfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) above is guilty of a misdemeanor and upon conviction must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year, or both."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
Reps. AYDLETTE, FOXWORTH and KIRSH objected to the Bill.
The following Bill was taken up.
S. 223 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-15-85 SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO ISSUE REVENUE BONDS FOR PUBLIC PURPOSES PAYABLE FROM OTHER NONRELATED REVENUE PRODUCING PROJECTS OF THE SUBDIVISION AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4801Y), which was adopted.
Amend the bill, as and if amended, by striking Section 11-15-85 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 11-15-85. A political subdivision otherwise authorized by law to issue revenue bonds may issue bonds for a public purpose payable from revenue-producing projects unrelated to the purpose for which the bonds are issued or from other available funds of the political subdivision, including, without limitation, general fund revenues of the political subdivision. Evidences of the indebtedness must contain a statement on their face specifying the sources from which payment must be made and must state that the full faith, credit, and taxing powers of the issuing political subdivision are not pledged in payment of the bonds.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 499 -- Banking and Insurance Committee: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF CROUP HEALTH POLICY.
Reps. BAKER, McCAIN, HASKINS, FOXWORTH and CORNING objected to the Bill.
The following Bill was taken up.
H. 3142 -- Reps. Pearce, Elliott, Thrailkill and Barfield: A BILL TO AMEND SECTION 59-53-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, SO AS TO PROVIDE FURTHER FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE MUST BE EXECUTED.
Rep. ALTMAN moved to table the Bill, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3144 -- Medical, Military, Public and Municipal Affairs Committee: A Bill TO AMEND CHAPTER 63 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO CLARIFY THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE REGISTRATION AND CERTIFICATION OF VITAL RECORDS; REQUIRE EACH INSTITUTION PROVIDING NURSING, CUSTODIAL, OR DOMICILIARY CARE TO ISSUE PERMITS AND REQUIRE THE CORONER OF EACH COUNTY TO ISSUE PERMITS FOR NONINSTITUTION DEATHS; DELETE CERTAIN PENALTY PROVISIONS WHICH ARE INCORPORATED INTO OTHER PROVISIONS OF CHAPTER 63; SPECIFY RESTRICTIONS ON THE ISSUANCE OF COPIES TO AUTHORIZED ENTITIES; CLARIFY THOSE ENTITLED TO THE SHORT FORM OR BIRTH CARD AND SPECIFY WHICH CODE SECTIONS GOVERN THE ESTABLISHMENT OF PATERNITY; ADD PROVISIONS TO PREVENT THE FRAUDULENT USE OF BIRTH CERTIFICATES OF DECEASED PERSONS AND PROVIDE A MECHANISM FOR MEMBERS OF A DECEASED PERSON'S FAMILY TO OBTAIN A COPY OF THE BIRTH CERTIFICATE; ADD PROVISIONS WHICH PROVIDE FOR THE ISSUANCE OF A CERTIFIED COPY OF A DEATH CERTIFICATE ONLY TO THOSE INDIVIDUALS WITH A DIRECT AND TANGIBLE INTEREST WHILE ALLOWING ACCESS TO THE OLDER RECORDS FOR GENEALOGICAL OR OTHER PURPOSES TO THE APPLICANT; ADD PROVISIONS TO SPECIFY ENTITLEMENT TO COPIES OF MARRIAGE AND DIVORCE RECORDS FILED WITH THE DEPARTMENT; PROVIDE THAT NO DELAYED BIRTH CERTIFICATE MAY BE REGISTERED FOR A DECEASED PERSON AND DELETE PROVISIONS WHICH DUPLICATE THIS PROVISION; PROVIDE THE CORRECT REFERENCES TO COVER ALL FEES CHARGED BY THE STATE REGISTRAR FOR SEARCHING, CERTIFYING, AND AMENDING INDIVIDUAL VITAL RECORDS; PROVIDE A PROCESS FOR FILING BIRTH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS FOR FOREIGN-BORN, ALIEN CHILDREN ADOPTED IN THIS STATE; CLARIFY RECOMMENDATIONS FOR CORRECTING MISTAKES IN BIRTH AND DEATH CERTIFICATES; CLARIFY THE PROCESS OF AMENDING THE BIRTH CERTIFICATE OF A CHILD WHOSE PARENTS MARRY AFTER THE CHILD'S BIRTH; GROUP ALL PENALTIES WITHIN ONE CODE SECTION; PROVIDE A PROCESS OF FILING OR AMENDING A BIRTH CERTIFICATE WHERE PATERNITY HAS BEEN DETERMINED PURSUANT TO AN ORDER OF THE FAMILY COURT; PROVIDE A PROCESS FOR ENTERING THE FATHER'S NAME ON A BIRTH CERTIFICATE BASED UPON PATERNITY ACKNOWLEDGMENT BY THE MOTHER AND PERSON TO BE NAMED AS THE FATHER; CLARIFY THE PROVISION FOR ESTABLISHING A DELAYED BIRTH CERTIFICATE AT A COUNTY HEALTH DEPARTMENT FOR A PERSON BORN PRIOR TO 1915; AND DELETE PROVISIONS WHICH TRANSFER RECORDS FROM THE CLERKS OF COURT TO THE COUNTY HEALTH DEPARTMENTS.
H. 3145 -- Reps. Foxworth, J. Bradley, Winstead, Mappus and Holt: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE LADIES BENEVOLENT SOCIETY OF THE CITY OF CHARLESTON.
H. 2828 -- Rep. Keyserling: A BILL TO AMEND ACT 329 OF 1986, RELATING TO STATE INCOME TAX DEFERRALS ON FOREIGN TRADE RECEIPTS, SO AS TO DELETE A REFERENCE TO TAXABLE INCOME.
Rep. KIRSH explained the Bill.
The following Joint Resolution was taken up.
H. 2123 -- Rep. McTeer: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1985, 1986, AND 1987 UNTIL AUGUST 31, 1987.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4963Y).
Amend the resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The deadline for filing the application claiming agricultural use of real estate required pursuant to Section 12-43-220(d)(3) of the 1976 Code for taxable years 1986 and 1987 is extended until August 31, 1987./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. FOXWORTH made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2564 -- Rep. Evatt: A BILL TO AMEND SECTIONS 12-37-2610, 12-37-2650, AND 12-37-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAXES ON MOTOR VEHICLES, SO AS TO PERMIT MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY THEIR TAXES QUARTERLY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4953Y), which was adopted.
Amend the bill, as and if amended, page 1, by striking on line 12 of Section 12-37-2610 as contained in SECTION 1 /quarterly/ and inserting /semi-annual/.
When amended the section reads:
/ "Section 12-37-2610. Notwithstanding any other provisions of law, the The tax year for motor vehicles begins with the last day of the month in which a license required by Section 56-3-110 is issued and ends on the last day of the month in which the license expires or is due to expire. No license may be issued for such motor vehicles until the ad valorem tax is paid for the year for which the license is to be issued. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semi-annual basis. The provisions of this section do not apply to sales of motor vehicles by a licensed motor vehicle dealer that do not involve the transfer of a license plate. Notice of the sales must be furnished to the Department along with other documents necessary for the registration and licensing of the vehicle concerned. The notice must be received by the Department as a prerequisite to the registration and licensing of the vehicle and must include the name and address of the purchaser, the vehicle identification number, and the year and model of the vehicle. The notice must be an original and one copy, and the copy must be provided by the Department to the auditor of the county in which the vehicle is taxable. All ad valorem taxes on such a vehicle are due and payable one hundred twenty days from the date of purchase. The notice and the time in which to pay the tax applies to motor vehicles that are serviced and delivered by a licensed motor vehicle dealer for the benefit of an out-of-state dealer."/
Amend further by striking the last sentence of the first paragraph of Section 12-37-2650 as contained in SECTION 2, page 3, and inserting:
/Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semi-annual basis, and, a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730./
Amend further by striking the last sentence of the third paragraph of Section 12-37-2730 as contained in SECTION 3, page 4, and inserting:
/The owner of any motor vehicle registered under the International Reciprocity Plan who opts to pay semi-annually and fails to pay semi-annual payments as provided in this chapter is not permitted to relicense the vehicle until all taxes are paid and shall forfeit any further privilege to pay semi-annually./
Amend title to conform.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2666 -- Reps. Baker, M.D. Burriss, McBride, Sharpe, Corning, Clyborne, J.W. McLeod, T.M. Burriss, Hodges, Haskins, Faber, Jones, Whipper, Wilder, Washington and Hearn: A BILL TO AMEND SECTION 12-7-616, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS CREATION TAX CREDIT, SO AS TO DEFINE LESS DEVELOPED AREAS AS COUNTIES HAVING A POPULATION OF TWENTY-FIVE THOUSAND OR LESS, TO INCREASE THE JOB CREATION TAX CREDIT FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS FOR EACH NEW PERMANENT JOB CREATED MORE THAN TEN, TO ALLOW A JOB CREATION TAX CREDIT OF THREE HUNDRED DOLLARS FOR FIVE YEARS FOR FIFTY OR MORE NEW PERMANENT JOBS CREATED IN COUNTIES HAVING A POPULATION OF MORE THAN TWENTY-FIVE THOUSAND, AND TO INCREASE THE ADDITIONAL JOBS CREATION TAX CREDIT FOR EMPLOYEES IN LESS DEVELOPED AREAS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4993Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 12-7-616 of the 1976 Code is amended to read:
"Section 12-7-616. (A) Annually by December thirty-first, using the most current data available from the South Carolina Employment Security Commission and the United States Department of Commerce, the South Carolina Tax Commission shall rank and designate the state's counties as provided in this section. make a single determination as to which twelve The sixteen counties in the this State have having a combination of the highest unemployment rate and lowest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated less developed areas. The fifteen counties in the state with a combination of the next highest unemployment rate and next lowest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated moderately developed areas. The fifteen counties in the state with a combination of the lowest unemployment rate and the highest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated developed areas. For the tax year 1985 only, the Tax Commission shall make a single determination as to which sixteen counties in the State have a combination of the highest unemployment rate and lowest per capita income for the most recent thirty-six month period with equal weight being given to each category. The counties must be designated less developed areas by the Tax Commission and are qualified for tax credit for jobs as provided in subsection (B) of this section. Counties designated by the commission qualify for the appropriate tax credit for jobs as provided in subsections (B), (C), and (D). The designation by the Tax Commission commission is effective for the tax years of permanent business enterprises which begin after the date of designation. For companies which plan a significant expansion in their labor forces, the Tax Commission commission shall prescribe certification procedures to insure that the companies can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas.
(B) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service related industries in counties designated by the commission as less developed areas are allowed a job tax credit for taxes imposed by Section 12-7-230 equal to five hundred one thousand dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by eighteen ten or more in a less developed area are eligible for the credit. Credit is not allowed during any of the five years if the net employment increase falls below eighteen ten. The Tax Commission commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of eighteen ten.
(C) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service-related industries in counties that have been designated by the commission as moderately developed areas are allowed a job tax credit for taxes imposed by Section 12-7-230 equal to six hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the gob. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by eighteen or more in areas that have not been designated less developed areas are eligible for the credit. The credit is not allowed during any of the five years if the net employment increase falls below eighteen. The commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of eighteen.
(D) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service-related industries in counties designated by the commission as developed areas are allowed a lob tax credit for taxes imposed by Section 12-7-230 equal to three hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time lobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by fifty or more in developed areas are eligible for the credit. The credit is not allowed during any of the five years if the net employment increase falls below fifty. The commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of fifty.
(C) (E) Additional tax Tax credits of five hundred dollars for five years for the taxes imposed by Section 12-7-230 must be awarded for additional new full-time jobs created by business enterprises qualified under subsection (A) subsections (B), (C), and (D) of this section. Additional new full-time jobs shall must be determined by subtracting highest total employment of the business enterprise during years two through six, or whatever portion of year two through six completed, from the total increased employment. The Tax Commission commission shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(D) (F) The sale, merger, acquisition, or bankruptcy of any business enterprise may not create new eligibility in any succeeding business entity, however, but any unused job tax credit may be transferred and continued by any transfer transferee of such the business enterprise. The Tax Commission commission shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(F) (G) Any credit claimed under this section but not used in any taxable year may be carried forward for ten years from the close of the tax year in which the qualified jobs where established but the credit established by this section taken in any one tax year must be limited to an amount not greater than fifty percent of the taxpayer's state income tax liability which is attributable to income derived from operations in the State for that year."/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc. No. 5039Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately lettered subsection at the end of Section 12-7-616 as contained in SECTION 1, to read:
/( ) If a taxpayer eligible for a credit under this section is located in a school district that crosses county boundaries, and an adjacent county into which the school district extends is eligible for a larger jobs tax credit, the taxpayer, if otherwise eligible, may claim the larger credit if the taxpayer is located within three miles of the boundary of the county eligible for the larger credit./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 31 to 17.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill was taken up.
S. 562 -- Senator Drummond: A BILL TO AMEND SECTION 12-35-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADDITIONAL ONE PERCENT SALES TAX TO FUND THE 1984 EDUCATION IMPROVEMENT ACT, SO AS TO PROVIDE FOR NOTIFICATION OF THE PROVISIONS OF THIS SECTION AND THE PENALTY PROVISIONS TO MERCHANTS AND THE PUBLIC.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4976Y), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1, and inserting:
/SECTION 1. Section 12-35-515 of the 1976 Code is amended to read:
"Section 12-35-515. In addition to the tax levied in Sections 12-35-510, 12-35-810, and 12-35-1120 and Article 11 of Chapter 35 of Title 12, there is levied and imposed an additional tax in an amount equal to one percent to be levied and collected in the manner provided in this chapter on that segment of the population who is under eight-five years of age; Provided, However, That this additional tax imposed herein shall also apply to persons eighty-five years of age or older if such persons make purchases other than for their own personal use. The proceeds of the additional tax levied by this section shall must be used to fund the provisions of the South Carolina Education Improvement Act of 1984 in the manner specified by Section 12-35-1550."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. FOXWORTH moved to table the amendment which was agreed to by a division vote of 28 to 20.
Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Reps. COOPER, SIMPSON, FOXWORTH and KOON withdrew their objections to S. 317 however, other objections remained upon the Bill.
Rep. FOXWORTH withdrew his objection to H. 2187 however, other objections remained upon the Bill.
Rep. FERGUSON withdrew his objection to H. 2593 however, other objections remained upon the Bill.
Reps. WHIPPER, WHITE and WASHINGTON withdrew their objections to H. 2063.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3138 -- Reps. Helmly, Hendricks and Evatt: A WEDNESDAY, MAY 20, 1987, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
The President announced that nominations were in order for a member from the First Congressional District.
Senator Holland, on behalf of the Joint Legislative Screening Committee, nominated Mr. Sidney T. Collins of Charleston; Mr. Herman L. Dwight, Jr. of Reevesville; Mrs. Dolores S. Greene of Charleston; Mrs. Beatrice M. Jones of Hardeeville; and Mr. Junior Ponds of Walterboro.
Senator McLeod withdrew Mr. Junior Ponds' name as a candidate.
Senator Matthews withdrew Mr. Herman L. Dwight, Jr.'s name as a candidate.
On motion of Senator Holland nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted VIVA VOCE as their names were called.
The following named Senators voted for Collins:
The following named Senators voted for Mrs. Greene:
Applegate Branton Bryan Doar Drummond Fielding Giese Hayes Hinson Holland Land Leatherman Lee Lindsay Long Lourie Macaulay Martschink Matthews McGill McLeod Moore Patterson Peeler Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Williams Wilson
The following named Senators voted for Mrs. Jones:
On motion of Rep. J.C. JOHNSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mrs. Greene:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Felder Ferguson. Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Helmly Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. McAbee McBride McCain McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Townsend Waldrop Washington Whipper White Wilder Williams Winstead
The following named Representatives voted for Mr. Collins:
The following named Representatives voted for Mrs. Jones:
Total Number of Senators voting 38
Total Number of Representatives voting 96
Grand Total 134
Necessary to a choice 68
Of which Mrs. Collins received 1
Of which Mrs. Greene received 133
Of which Mr. Jones received 0
Whereupon the President announced that Mrs. Dolores S. Greene having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Third Congressional District. Senator Holland, on behalf of the Joint Legislative Screening Committee nominated Mrs. Betty C. Davenport of Anderson.
Rep. P. HARRIS, on behalf of the Anderson Delegation seconded the nomination of Mrs. Davenport.
On motion of Rep. P. HARRIS nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mrs. Betty C. Davenport was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Fifth Congressional District.
Senator Holland, on behalf of the Joint Legislative Screening Committee nominated Dr. Agnes H. Wilson of Sumter and Mr. Eric A. Bouchard of Lugoff.
Rep. BLANDING, on behalf of the Sumter Delegation, seconded the nomination of Dr. Wilson.
On motion of Senator Holland nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted VIVA VOCE as their names were called.
The following named Senators voted for Mr. Bouchard:
The following named Senators voted for Dr. Wilson:
Applegate Branton Bryan Doar Drummond Fielding Giese Hayes Hinson Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Moore Patterson Peeler Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J. V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Wilson
On motion of Rep. J.C. JOHNSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Bouchard:
The following named Representatives voted for Dr. Wilson:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Felder Ferguson Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams
Total Number of Senators voting 39
Total Number of Representatives voting 105
Grand Total 144
Necessary to a choice 73
Of which Mr. Bouchard received 2
Of which Dr. Wilson received 142
Whereupon the President announced that Dr. Agnes H. Wilson having received a majority of the votes cast was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
Rep. KIRSH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3156 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MISS JENNIFER VANDEWEGHE OF SIMPSONVILLE, A SENIOR AT HILLCREST HIGH SCHOOL, UPON BEING NAMED THE GREENVILLE COUNTY SCHOOL DISTRICT'S OUTSTANDING STUDENT FOR 1986-87.
H. 3157 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND DEPUTY SHERIFF DAVID BLANTON OF SPARTANBURG COUNTY FOR BEING THE STATE'S TOP FUND RAISER IN THE BUCK-A-CUP TO BRACE-A-CHILD CAMPAIGN FOR THE THIRD CONSECUTIVE YEAR.
H. 3158 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING SERVICE OF MRS. LOUISE RAKES OF THE BOILING SPRINGS COMMUNITY OF SPARTANBURG COUNTY TO HER COMMUNITY AND SPARTANBURG COUNTY THROUGH HER REMARKABLE ACHIEVEMENTS IN PTA ACTIVITIES.
H. 3159 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO WHITE CONSOLIDATED INDUSTRIES, THE NATION'S THIRD LARGEST MAKER OF REFRIGERATORS BASED IN COLUMBUS, OHIO, FOR SELECTING ANDERSON COUNTY TO LOCATE A ONE HUNDRED FIFTEEN MILLION DOLLAR ASSEMBLY PLANT AND WAREHOUSE.
At 12:35 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.
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