Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a prayer-psalm of King David in the Wilderness of Judah (Psalm 63: 1-4):
"O God, thou art my God, I seek Thee,
my soul thirsts for Thee; my flesh faints for Thee,
as in a dry and weary land where no water is.
So I have looked upon Thee in the Sanctuary,
beholding Thy power and glory.
Because Thy steadfast love is better than life,
my lips will praise Thee."
Let us pray.
God of King David, as we read history, and note the relationship of Jehovah God in the lives of His people through the millenniums, we notice that the faithfulness of God and the infidelity of mankind come bursting out of the pages of the past.
Refine, O Lord, the flaws of our nature... and correct the faults in our thought... our words... and our deeds... that Your FAITHFULNESS may be our watchword... and our hope... all our days.
Amen.
Senator LEATHERMAN made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Hinds Hinson Holland
Land Leatherman Leventis
Macaulay Martschink Matthews
McConnell McGill Mitchell
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 11, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Board of Financial Institutions, with term to expire June 30, 1996:
Savings and Loan:
Mr. William L. Abercrombie, Jr., President, American Federal Savings Bank F.S.B., Post Office Box 1268, Greenville, South Carolina 29602 VICE Murk Alexander
Referred to the Committee on Banking and Insurance.
Initial Appointment, Member, South Carolina State Ports Authority, with term to expire February 13, 1999:
At-Large:
Mr. Billy J. Coleman, 212 Montclaire Road, Greer, South Carolina 29651 VICE Harry Chapman, Jr.
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Aeronautics Commission, with term to expire July 1, 1998:
At-Large:
Mr. Robert W. Williams, Jr., Route 2, Box 451, Effingham, South Carolina, 29541 VICE Curtis Graves
Referred to the Committee on Transportation.
March 5, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Barnwell County Magistrate, with term to expire April 30, 1995:
Initial Appointment Under Act 678 of 1988:
Mr. Lawson J. Holland, Jr., Box 929, Barnwell, South Carolina 29812 VICE Bobby Martin (deceased)
At 11:12 A.M., Senator STILWELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:45 A.M.
There was no objection and a message was sent to the House accordingly.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Lt. Governor Nick Theodore introduced Dr. Daniel Davis of Columbia, South Carolina Doctor of the Day.
At 11:00 A.M., on motion of Senator BRYAN, Senator HELMLY was granted a leave of absence for today.
At 11:00 A.M., on motion of Senator J. VERNE SMITH, Senator MOORE was granted a leave of absence for today.
Senator GIESE rose to a Point of Personal Privilege.
Columbia, S.C., March 11, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator COURSON, Chairman of the Committee on Invitations, the Privilege of the Chamber to that area behind the rail was extended to Girl Scout Sara Margaret Baldwin, her mother, and the Executive Director of the Congaree Girl Scout Council, guests of Senator GIESE, on Tuesday March 17, 1992.
On motion of Senator COURSON, Chairman of the Committee on Invitations, the Privilege of the Chamber to that area behind the rail was extended to the members of the Spartanburg High School Football Team, guests of Senator RUSSELL, on Wednesday, April 22, 1992.
S. 1232 -- Senators Robert W. Hayes, Jr., Stilwell, Rose, Bryan and Leventis: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING NEGOTIABLE INSTRUMENTS, SO AS TO REVISE THE ARTICLE IN ITS ENTIRETY; TO AMEND CHAPTER 4 OF TITLE 36, RELATING TO BANK DEPOSITS AND COLLECTIONS, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; TO AMEND SECTIONS 36-1-201, AS AMENDED, AND 36-1-207, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; AND TO AMEND SECTION 36-2-511, RELATING TO TENDER OF PAYMENT IN SALES CHAPTER, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
There was no objection.
On motion of Senator WILLIAMS, the Bill was committed to the Committee on Banking and Insurance.
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game, and Forestry.
There was no objection.
On motion of Senator HOLLAND, the Bill was committed to the Committee on Finance.
The following were introduced:
S. 1386 -- Senators Passailaigue, McConnell, Fielding, Matthews, Martschink, Helmly, Rose and Washington: A CONCURRENT RESOLUTION TO MEMORIALIZE MR. SEAN O'KEEFE, COMPTROLLER OF THE DEPARTMENT OF DEFENSE, AND THE DEPARTMENT OF DEFENSE TO FAVORABLY CONSIDER CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES, THE TRI-COUNTY AREA OF SOUTH CAROLINA, AS A SITE FOR ONE OF THE REGIONAL CENTERS WHICH IS TO BE CREATED AS A RESULT OF THE CONSOLIDATION OF EXISTING FINANCE AND ACCOUNTING ACTIVITIES.
Senator PASSAILAIGUE spoke on the Concurrent Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1387 -- Senator Rose: A BILL TO AMEND CHAPTER 67 OF TITLE 59 BY ADDING SECTION 59-67-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PARKING OF SCHOOL BUSES AFTER SCHOOL HOURS, SO AS TO RESTRICT THE PARKING OF SCHOOL BUSES ALONG PUBLIC HIGHWAYS.
Read the first time and referred to the Committee on Education.
S. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR.
Read the first time and referred to the Committee on Finance.
S. 1389 -- Senators Mullinax, N. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM.
Read the first time and referred to the General Committee.
S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.
Read the first time and ordered placed on the Calendar without reference.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
Ordered for consideration tomorrow.
Senator J.VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1208 -- Senator Drummond: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:
S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, Residential Home Builders Commission, with term to expire June 30, 1994:
5th Congressional District-Builder:
Mr. Michael G. Williams, P.O. Box 1146, Lancaster, South Carolina 29720 VICE Clarence Hogan
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:
Appraiser:
Mr. Robert O. Lighthart, Jr., Post Office Box 32, Charleston, South Carolina 29402
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, Jobs Economic Development Authority, with term to expire June 27, 1995:
1st Congressional District:
Mr. Andrew J. Combs, 1341 Roma Road, Hanahan, South Carolina 29406
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:
Mr. C. Dan Joyner, 2015 Cleveland Street Extension, Greenville, South Carolina 29607
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, State Development Board, with term to expire May 21, 1996:
6th Judicial Circuit:
Mr. Leo R. Maguire, 938 Sherwood Circle, Lancaster, South Carolina 29720
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:
Ms. Jacquelyn D. Niedringhaus, 4568 Deer Run, Rock Hill, South Carolina 29732
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:
Mr. James E. Wasson, A.B.C. Hearing Aid Center, 6 Wood Thrush, Hilton Head Island, South Carolina 29926
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire July 20, 1995:
Mr. Fred D. West, P.O. Box 769, Abbeville, South Carolina 29620
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1996:
Mrs. Lucy W. Wilkerson, Route 4, Box 123, Westminster, South Carolina 29693
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:
Walter P. Witherspoon, Jr., D.D.S., 250 Lancer Drive, Columbia, South Carolina, 29212
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Board of the South Carolina Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Mrs. Brenda C. Miller, 12 Malibu Court, Columbia South Carolina 29209
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Advisory Council to the Board of the Continuum Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Mr. W. Jeff Bryson, Room 308-Brown Building, 1205 Pendleton Street, Columbia, South Carolina 29201
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Commission on Mental Retardation, with term to expire June 30, 1996:
Mr. Melvin L. Burton, 6000 Lakeshore Drive, Columbia, South Carolina 29206
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1996:
Mrs. Erminie M. Nave, 606 Brooklane Drive, Greenwood, South Carolina 29649
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:
Mrs Cynthia W. Gilliam, 272 Doral Open, John's Island, South Carolina 29455
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1993:
Mrs. Virginia B. Johnson, 340 Livingston Terrace, Orangeburg, South Carolina 29115 VICE Coryn S. Felder (deceased)
Senator MOORE, from the General Committee, submitted a favorable report on:
Appointment, Member, South Carolina Fire Commission, with term to expire January 15, 1996:
5th Congressional District
Mr. Gary H. Elliot, Post Office Box 33, Camden, South Carolina 29020
Senator MOORE, from the General Committee, submitted a favorable report on:
Appointment, Member, Prisoner of War Commission, with term to expire July 1, 1995:
Mr. Bobby R. Bagley, Post Office Box 1119, Sumter, South Carolina, 29151
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:
4th Congressional District:
Mr. Harry B. Luthi, 260 Stone Lake Drive, Greenville, South Carolina 29609
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Act was ratified:
(R312) H. 4129 -- Rep. McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO AUTHORIZE MUNICIPALITIES TO TRANSFER AUTHORITY FOR CONDUCTING MUNICIPAL ELECTIONS TO THE COUNTY ELECTIONS COMMISSION AND AUTHORIZE COUNTY ELECTIONS COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS, AND AS A CONDITION OF THE TRANSFER OF THIS AUTHORITY THE GOVERNING BODIES OF THE MUNICIPALITY AND THE COUNTY MUST AGREE TO THE TERMS OF THE TRANSFER AND ENACT ORDINANCES EMBODYING THE TERMS OF THAT AGREEMENT; TO PROVIDE FOR 1992 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1992 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE FOURTH TUESDAY IN AUGUST; TO CHANGE FOR 1992 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1992 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON SEPTEMBER 8, 1992, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 18, 1992.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
(By prior motion of Senator POPE, with unanimous consent)
H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.
H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
(By prior motion of Senator O'DELL)
S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Senator BRYAN explained the Bill.
S. 1110 -- Senators Lourie, Giese, Passailaigue and Rose: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
(By prior motion of Senator J. VERNE SMITH, with unanimous consent)
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The amendment proposed by the Committee on Fish, Game and Forestry (BBM/9810.BD) was adopted as follows:
Amend the bill, as and if amended, by striking Section 50-11-10 and inserting:
/Section 50-11-10. (A) The federal migratory bird treaty act and its implementing regulations provided for in Article VI of the Constitution of the United States are declared to be the law of this State, and the penalty for their. However, the South Carolina Wildlife and Marine Resources Commission annually may set special seasons, bag limits, and methods for hunting and taking waterfowl consistent with the regulations. A violation of the regulations or related state law is punishment a misdemeanor punishable by a fine of not less than twenty-five dollars fifty nor more than one hundred dollars or thirty days' imprisonment.
(B) Any If a person who is convicted of one or more of the following offenses, he must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days:
(1) trespasses trespassing to hunt waterfowl;
(2) hunts hunting waterfowl over bait;
(3) shoots shooting waterfowl over bait;
(4) hunts hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;
(5) possesses possessing more than one waterfowl over the legal limit;
(6) hunts hunting waterfowl out of season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator HOLLAND proposed the following amendment (JUD933.002), which was adopted:
Amend the committee report, as and if amended, page 933-1, line 29, as contained in Section 50-11-735, by striking /possession of/ and inserting /possessing/ .
Amend the committee report further, as and if amended, page 933-3, line 3, as contained in Section 50-11-735, by inserting after the word /status/ the following: /, and the department immediately shall relinquish the property to the innocent owner/.
Amend the committee report further, as and if amended, page 933-3, beginning on line 6, as contained in Section 50-11-735, by striking the following: /The property must be relinquished to the innocent owner./. Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment proposed by the Committee on Fish, Game and Forestry (NO5/8126.BD) was adopted as follows:
Amend the bill, as and if amended, by striking Section 50-11-735 and inserting:
/Section 50-11-735. (A) For purposes of this section, a conviction for unlawfully taking, attempting to take, or possession of wildlife is conclusive against the owner of property subject to forfeiture.
(B) Forfeited property may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.
(C) If the department sells forfeited property, the sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department shall give ten days' notice by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department first shall satisfy costs and expenses of the seizure, advertisement, and sale, including, but not limited to, expenses incurred for the storage of the forfeited property. The net proceeds must be placed on deposit with the State Treasurer and credited to the game protection fund.
(D) When forfeited property is valued at one thousand dollars or more, the former owner may redeem it by paying one thousand dollars to the department within ten days after conviction. When forfeited property is valued at less than one thousand dollars, the former owner may redeem it by paying to the department the fair market value of the property within ten days after conviction. The amounts received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(E) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction, the amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund. If there is no conviction, the amount received must be returned to the owner.
(F) When the department seizes property subject to forfeiture and which is subject to a lien of record, it shall ascertain the fair market value of the property. Upon conviction of the owner, an innocent lienholder of record may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. Upon payment, the property must be relinquished to the innocent lienholder of record. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(G) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. Upon conviction of the owner, the innocent person may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The property must be relinquished to the innocent owner. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(H) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. If the property is not being held as evidence, the department immediately shall relinquish the property to the innocent owner. Upon conviction of the person from whom the property was seized, he shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund./
Amend further, by striking Section 50-13-1196, and inserting:
/Section 50-13-1196. (A) In addition to any a specific penalty provided in this article, any a fish or fishing device taken or found to be in possession of any a person charged with a violation of this article shall must be confiscated. The fish shall must be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items. If the person charged is convicted, the money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. After conviction, `the fishing devices shall must be sold at public auction. The sale of the fish and fishing devices shall must be conducted using the procedures prescribed in Section 50-11-2080 50-11-735. If such the person is acquitted', the devices shall must be returned to him along with any money monies that may have come from the sale of the confiscated fish.
(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A) of this section, the boat, motor, and fishing gear of any a person who is charged with unlawfully using or having in possession a gill net or hoop net on any a freshwater lake or reservoir of the State shall must be confiscated and sold at auction within the State after conviction using the procedure prescribed in Section 50-11-2080 50-11-735. The money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. If such the person is acquitted', the boat, motor, and fishing gear shall must be returned to him. Upon conviction, the department shall suspend such the person's license or privilege to fish in this State for a period of one year from the date of conviction.
(C) In addition to the specific penalties provided in this article or the general provisions of Sections 50-13-1610 and 50-13-1650, upon the conviction of any a commercial freshwater fisherman of illegal possession of game fish or the sale or traffic in game fish, the department shall suspend such person's his license or privilege to fish in this State for a period of one year from the date of conviction./
Amend title to conform.
Senator McCONNELL proposed the following amendment (JUD933.001), which was adopted:
Amend the bill, as and if amended, page 4, line 11, in Section 50-11-540, as contained in SECTION 2, by inserting after the word /commission/ the following: /within the scope of the commission's statutory authority/ .
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game, and Forestry.
The amendment proposed by the Committee on Fish, Game and Forestry (N05/8135.BD) was adopted as follows:
Amend the bill, as and if amended, by striking Section 48-35-10(1) and inserting:
/(1) The area to be burned must be enclosed by a natural or constructed firebreak, and have immediately available sufficient equipment and personnel must be available to adequately secure control the fire adequately and prevent its spread./
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 48-35-60 of the 1976 Code is amended to read:
"Section 48-35-60. Any A person violating the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than ten dollars twenty-five nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days. For any a second or subsequent offense, a fine of not less than twenty-five dollars one hundred nor more than three five hundred dollars or imprisonment for not more than six months may be imposed in the discretion of the court. `Subsequent offense', as used in this section, shall mean means an offense committed within ten years of a previous offense. Violations of this chapter are within magistrate's jurisdiction."/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.
Senator GILBERT asked unanimous consent to take the Bill up for immediate consideration.
Senator GILBERT moved to reconsider the vote whereby the Bill was given a third reading.
Third reading of the Bill was reconsidered.
S. 1255 -- Senators Macaulay, Peeler and Giese: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
On motion of Senator GIESE, with unanimous consent, S. 1098 was ordered to receive a third reading on Friday, March 13, 1992.
S. 1139 -- Senator Giese: A BILL TO AMEND SECTION 40-43-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACY PERMIT AND RENEWAL FEES, SO AS ALSO TO APPLY THE FEES TO A DRUG OUTLET, TO INCREASE THE FEES, AND TO ESTABLISH A FEE FOR RELOCATION OF A PHARMACY OR DRUG OUTLET.
On motion of Senator GIESE, with unanimous consent S. 1139 was ordered to receive a third reading on Friday, March 13, 1992.
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators BRYAN, LEATHERMAN and LEVENTIS proposed the following amendment (N05\8209.BD), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 377 of 1990, is further amended by adding:
"(3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be reinstated. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department may proceed with the process for permanent revocation pursuant to this section."/
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator BRYAN, with unanimous consent S. 1106 was ordered to receive a third reading on Friday, March 13, 1992.
S. 1093 -- Senator Mitchell: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
On motion of Senator STILWELL, the Bill was tabled.
S. 1094 -- Senator Mitchell: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE AUTHORIZED MILLAGE WHICH MAY BE LEVIED, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
On motion of Senator STILWELL, the Bill was tabled.
S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.
On motion of Senator ROSE, the Bill was carried over.
H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.
On motion of Senator SETZLER, the Bill was carried over.
S. 953 -- Senator Martschink: A BILL TO AMEND SECTIONS 5-31-2020 AND 6-11-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO ADD ADDITIONAL DEFINITIONS, TO AMEND SECTION 5-31-2030, RELATING TO THE POWERS OF MUNICIPALITIES IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, AND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNING COMMISSIONS OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO FURTHER PROVIDE FOR THESE POWERS INCLUDING ADDITIONAL AND REVISED METHODS OF OBTAINING FUNDING FOR THESE PURPOSES.
Senator MARTSCHINK explained the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Resolution was carried over.
H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MARTSCHINK, the Resolution was carried over.
H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.
On motion of Senator SETZLER, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator SETZLER, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Senator POPE moved that the Joint Resolution be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Drummond Hayes, R.W. Leatherman
Macaulay Martschink McGill
Mitchell Mullinax O'Dell
Passailaigue Peeler Pope
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Williams Wilson
Fielding Giese Gilbert
Hinson McConnell Patterson
Reese Rose
The Joint Resolution, H. 3127, was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senators STILWELL, GIESE, HINSON and ROSE proposed the following Amendment No. 1 (EDU4005.03), which was tabled:
Amend the bill, as and if amended, by adding at the end of SECTION 2:
/Any unreimbursed additional expense for personnel or equipment incurred as a result of implementing this act must be funded by the State and distributed to the districts through the Education Finance Act formula./
Amend title to conform.
Senator STILWELL explained the amendment.
Senator STILWELL asked unanimous consent to make a motion that the amendment be withdrawn.
Senator GIESE objected.
Senator STILWELL continued speaking on the amendment.
Senator SETZLER argued contra to the adoption of the amendment.
Senator GIESE argued in favor of the adoption of the amendment.
Senator ROSE argued in favor of the adoption of the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Fielding
Gilbert Land Leatherman
Matthews McGill Mitchell
Mullinax Patterson Reese
Saleeby Setzler Smith, N.W.
Washington Williams
Courson Drummond Giese
Hayes, R.W. Macaulay Martschink
McConnell Peeler Pope
Rose Russell Shealy
Smith, J.V. Stilwell Thomas
Wilson
The amendment was laid on the table.
Senator SHEALY argued contra to the third reading of the Joint Resolution.
Senator MITCHELL argued in favor of the third reading of the Joint Resolution.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
On motion of Senator MITCHELL, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
Senator THOMAS proposed the following Amendment No. 1 (N05\8213.BD), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2(F) and inserting:
/(F) Notwithstanding other provisions or limitations in this act, the amount of tax millage must not be increased by more than four mills in one year unless the increase is approved by the qualified electors of the district by referendum. However, no referendum or delegation approval is required if the proposed increase is necessary due to funding decreases from the state or federal government. An increase in millage above four mills funding allowed in this section due to a funding decrease by the federal or state government may not exceed the amount of the decrease. For purposes of this subsection, a funding decrease is defined as an actual reduction in the total state or federal funds received by the school district when compared to the previous year./
Amend title to conform.
Senator THOMAS explained the amendment.
Senator STILWELL moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 2 (N05\8212.BD), which was tabled:
Amend the bill, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) After a Greenville County property tax reassessment, the actual total millage must be reduced to reflect the new reassessed rates./
Reletter subsections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator MITCHELL moved to lay the amendment on the table.
Senator STILWELL requested a division vote of the Senate.
A division vote was taken, resulting in a vote of 3-2.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 3 (N05\8211.BD):
Amend the bill, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) Notwithstanding other provisions in this act, no increase in the tax rate may be imposed if the total operating expense, inclusive of funds from all sources excluding bonded indebtedness, for the proposed budget year will increase by more than ten percent without a tax increase exclusive of new mandated programs or proposals./
Reletter subsections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS objected to further consideration of the Bill.
On motion of Senator SETZLER, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, Residential Home Builders Commission, with term to expire June 30, 1994:
5th Congressional District-Builder:
Mr. Michael G. Williams, P.O. Box 1146, Lancaster, South Carolina 29720 VICE Clarence Hogan
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:
Appraiser:
Mr. Robert O. Lighthart, Jr., Post Office Box 32, Charleston, South Carolina 29402
Reappointment, Member, Jobs Economic Development Authority, with term to expire June 27, 1995:
1st Congressional District:
Mr. Andrew J. Combs, 1341 Roma Road, Hanahan, South Carolina 29406
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:
Mr. C. Dan Joyner, 2015 Cleveland Street Extension, Greenville, South Carolina 29607
Reappointment, Member, State Development Board, with term to expire May 21, 1996:
6th Judicial Circuit:
Mr. Leo R. Maguire, 938 Sherwood Circle, Lancaster, South Carolina 29720
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:
Ms. Jacquelyn D. Niedringhaus, 4568 Deer Run, Rock Hill, South Carolina 29732
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:
Mr. James E. Wasson, A.B.C. Hearing Aid Center, 6 Wood Thrush, Hilton Head Island, South Carolina 29926
Appointment, Member, South Carolina Commission on Alcohol and Drub Abuse, with term to expire July 20, 1995:
Mr. Fred D. West, P.O. Box 769, Abbeville, South Carolina 29620
Appointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1996:
Mrs. Lucy W. Wilkerson, Route 4, Box 123, Westminster, South Carolina 29693
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:
Mr. Walter P. Witherspoon, Jr., DDS, 250 Lancer Drive, Columbia, South Carolina 29212
Appointment, Member, Board of the South Carolina Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Mrs. Brenda C. Miller, 12 Malibu Court, Columbia, South Carolina 29209
Appointment, Member, Advisory Council to the Board of the Continuum Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Mr. W. Jeff Bryson, Room 308 - Brown Building, 1205 Pendleton Street, Columbia, South Carolina 29201
Appointment, Member, Commission on Mental Retardation, with term to expire June 30, 1996:
Mr. Melvin L. Burton, 6000 Lakeshore Drive, Columbia, South Carolina 29206
Appointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1996:
Mrs. Erminie M. Nave, 606 Brooklane Drive, Greenwood, South Carolina 29649
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:
Mrs. Cynthia W. Gilliam, 272 Doral Open, John's Island, South Carolina 29455
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1993:
Mrs. Virginia B. Johnson, 340 Livingston Terrace, Orangeburg, South Carolina 29115 VICE Coryn S. Felder (deceased)
Appointment, Member, South Carolina Fire Commission, with term to expire January 15, 1996:
5th Congressional District:
Mr. Gary H. Elliott, Post Office Box 33, Camden, South Carolina 29020
Appointment, Member, Prisoner of War Commission, with term to expire July 1, 1995:
Mr. Bobby R. Bagley, Post Office Box 1119, Sumter, South Carolina 29151
Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:
4th Congressional District:
Mr. Harry B. Luthi, 260 Stone Lake Drive, Greenville, South Carolina 29609
Senator SETZLER moved that when the Senate adjourns on Friday, March 13, 1992, it stand adjourned to meet next Tuesday, March 17, 1992, at 12:00 P.M., which motion was adopted.
At 1:19 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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