Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Whose almighty hand has led us in the past along the way of wisdom and up the steps of service, be now our Guardian and Guide as we enter the legislative business of this day. Give us courage in adversity, fidelity amid hardships, a determination to persevere in spite of setback, and a faith in God that makes us turn to You for guidance and strength in every circumstance and condition of life. Make clear in our ears the words of the Psalmist who wrote: "In You do I put my trust." (Psalm 16:1) Amen.
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.
Rep. RISER moved that when the House adjourns, it adjourn in memory of Margaret Mitchiner Powell, which was agreed to.
The following was received.
Document No. 1759
Promulgated By Real Estate Commission, Department of Labor, Licensing and Regulation
Providers of Continuing Education Courses
Received by Speaker April 7, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 14, 1995
Withdrawn and Resubmitted May 3, 1994
The following was received.
Columbia, S.C., May 3, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4967:
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Leatherman and Ford of the Committee of Conference on the part of the Senate on H. 3742:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 3, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1118:
S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
Very respectfully,
President
Rep. BAKER moved the House recede from its amendments.
Rep. MOODY-LAWRENCE moved to table the motion, which was not agreed to by a division vote of 2 to 65.
The question then recurred to the motion that the House recede from its amendments, which was agreed to, and a message was ordered sent to the Senate accordingly.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4378 -- Reps. Scott, Rudnick and Corning: A BILL TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4565 -- Reps. D. Smith, Martin, Witherspoon and Snow: A BILL TO PROVIDE FOR THE REGULATION OF SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, THE OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN FINES AND PENALTIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4972 -- Reps. Felder, Wells, Beatty, Allison, Littlejohn, Townsend, Walker, Cobb-Hunter, R. Smith, Cato, G. Brown, McLeod, Waldrop, G. Bailey, Klauber, Quinn, Harvin, Houck, Richardson, Govan, McKay, Elliott, Robinson, McElveen, Davenport, Gamble and Tucker: A BILL TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY, SERVICING CARRIERS AND PRODUCERS"; TO CHANGE THE TITLE OF SECTION 38-77-590 FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE CHIEF INSURANCE COMMISSIONER, AFTER CONSULTATION WITH THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SHALL DIRECT THE GOVERNING BOARD TO CONTRACT WITH ONE OR MORE INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE GOVERNING BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE GOVERNING BOARD, THAT THE CONTRACT SHALL INCLUDE PROVISIONS FOR ONE HUNDRED PERCENT QUOTA SHARE REINSURANCE THROUGH THE FACILITY OF ANY AUTOMOBILE INSURANCE POLICY CEDED TO THE FACILITY, AND THAT THE GOVERNING BOARD MAY ESTABLISH REASONABLE NONDISCRIMINATORY STANDARDS WHICH ALL SERVICING CARRIERS MUST MEET FOR CONTRACT RENEWAL; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING REFERENCES TO DESIGNATED PRODUCERS, PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR CERTAIN AUTOMOBILE INSURANCE COVERAGES, AND ADD REFERENCES TO INSURERS CONTRACTED PURSUANT TO SECTION 38-77-590 AND REFERENCES TO "ASSIGNED PRODUCERS"; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD OF GOVERNORS OF THE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES FOR USE WITH THE PURE LOSS COMPONENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE AND SMALL COMMERCIAL RISKS FILED WITH THE CHIEF INSURANCE COMMISSIONER BY THE RATING ORGANIZATION WITH THE LARGEST NUMBER OF MEMBERS OR SUBSCRIBERS; TO AMEND SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT PREMIUMS ATTRIBUTABLE TO RISKS CEDED AT A COMPANY FILED RATE WHICH IS GREATER THAN THE REINSURANCE FACILITY RATE SHALL NOT BE INCLUDED WHEN DETERMINING TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS UNDER SECTION 38-77-950; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGE FOR CLASSIC CARS, ANTIQUE CARS, ANY AUTOMOBILE WITH ANY MODIFICATION TO THE CHASSIS OR WHEEL BASE, ANY AUTOMOBILE WITH A WHEEL BASE OF NINETY-NINE AND ONE-HALF INCHES OR LESS, INCLUDING UTILITY VEHICLES, OR ANY AUTOMOBILE WITHIN THE "SPORTS GROUP" OR "SPORTS PREMIUM GROUP"; AND TO AMEND SECTION 38-77-350, RELATING TO AUTOMOBILE INSURANCE AND THE FORM TO BE USED WHEN OPTIONAL COVERAGES ARE OFFERED, SO AS TO PROVIDE THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4975 -- Rep. Rogers: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1313 -- Senator Land: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.
On motion of Rep. WILLIAMS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.
Whereas, State Trooper Randall Lamar (Randy) Hester has died in the line of duty at the age of twenty-six; and
Whereas, he was born in Westminster, served in the United States Air Force, and was a State Trooper First Class; and
Whereas, he was a member of the South Carolina Troopers Association and was a member of Cedar Grove Baptist Church in Belton, where he was an R.A. leader, basketball coach, and a member of the Young Adult Sunday School Class; and
Whereas, he was an outstanding individual and an excellent law enforcement officer who made the supreme sacrifice -- namely, his life for the good of the citizens of this State; and
Whereas, we want his family and many friends to know that they are uppermost in our thoughts and prayers and have our deepest sympathy. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of State Trooper Randall Lamar (Randy) Hester and extend sympathy to his family and many friends.
Be it further resolved that the Department of Highways and Public Transportation, in conjunction with the Department of Public Safety, is requested to erect an appropriate memorial marker at the scene of the accident which led to State Trooper Hester's death, to be paid for by friends of State Trooper Hester, and is further requested to consider the wishes of State Trooper Hester's family with regard to the design and placement of the memorial marker.
Be it further resolved that a copy of this resolution be forwarded to State Trooper Hester's family, to the Department of Highways and Public Transportation, and the Department of Public Safety.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1394 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.
On motion of Rep. WILLIAMS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1394 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.
Whereas, Commander Frank L. Culbertson, Jr., son of Dr. and Mrs. Frank L. Culbertson, Sr., is a United States Navy Astronaut; and
Whereas, he was born in Charleston but considers Holly Hill his home; and
Whereas, Commander Culbertson graduated from Holly Hill High School in 1967 and received a Bachelor of Science degree in Aerospace Engineering from the United States Naval Academy in 1971; and
Whereas, he has been recognized for his outstanding service by receiving Navy and Air Force commendation medals and several meritorious unit medals; and
Whereas, Commander Culbertson served six months in the Gulf of Tonkin and aboard the USS Fox; and
Whereas, his military experience is superior, receiving training as an S-4 Phantom Pilot, serving as a weapons and tactics instructor, and logging over three thousand seven hundred hours flying time in thirty-five different types of aircraft and three hundred fifty carrier landings; and
Whereas, Commander Culbertson became a NASA Astronaut in June 1985 and qualified for assignments as a pilot on future space shuttle flight cruises; and
Whereas, he has served as a launch support team member for four shuttle flights; and
Whereas, following the tragic loss of the space shuttle Challenger he assisted with investigations conducted by NASA, presidential commissions, and the Congress; and
Whereas, Commander Culbertson was a pilot on the crew for the STS-38 aboard the space shuttle Atlantis which was launched on July 14, 1990; and
Whereas, in order to recognize Commander Culbertson's many accomplishments and contributions to the field of space aviation, the members of the General Assembly believe it would be fitting to name a section of South Carolina's highway system after Frank L. Culbertson, Jr. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to name the interchange at Interstate Highway 95 and Interstate Highway 26 in Orangeburg County as the Frank L. Culbertson, Jr. Interchange and that the Department of Transportation is instructed to erect the appropriate markers.
Be it further resolved that a copy of this resolution be forwarded to Commander Culbertson.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The Senate sent to the House the following:
S. 1400 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE GREENVILLE TRANSIT AUTHORITY AS THE "OUTSTANDING PUBLIC TRANSIT SYSTEM" IN THE STATE OF SOUTH CAROLINA FOR 1994.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5191 -- Rep. T. C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-615 SO AS TO PROVIDE FOR THE OPTION OF ANNUAL REGISTRATION AND LICENSING OF MOTOR VEHICLES.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, H. Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Delleney Fair Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 4.
James L.M. Cromer, Jr. Ronald C. Fulmer Roland S. Corning John L. Scott, Jr. Becky Meacham Larry L. Elliott Ronald P. Townsend Ralph W. Canty Joe E. Brown Alma W. Byrd E.B. McLeod, Jr. Molly M. Spearman H. Howell Clyborne, Jr. Jerry N. Govan, Jr. C. Alex Harvin, III Joseph T. McElveen, Jr. John G. Felder James G. Mattos Grady A. Brown
LEAVE OF ABSENCE
The SPEAKER granted Rep. FARR a leave of absence for the day.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, May 3.
James G. Mattos
C. Alex Harvin, III
Larry L. Koon
Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.
S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.
Please note for the record that I voted NO on 3rd Reading H. 4634.
Rep. LUCILLE S. WHIPPER
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5092 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5093 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
H. 5102 -- Reps. Wells and Allison: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY AND SECTION 20-7-680, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CERTAIN IDENTIFYING AND STATISTICAL INFORMATION ON INDICATED CASES OF ABUSE AND NEGLECT MUST BE RETAINED IN ACCORDANCE WITH A RETENTION SCHEDULE PROMULGATED BY THE DEPARTMENT IN REGULATION RATHER THAN REQUIRING THE DEPARTMENT TO ONLY MAINTAIN THESE RECORDS FOR SEVEN YEARS.
Rep. WELLS explained the Bill.
S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Rep. VAUGHN explained the Bill.
H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.
The following Joint Resolution was taken up.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
Reps. SCOTT, WOFFORD, WILLIAMS, NEAL, STILLE, GONZALES, KEYSERLING, LAW, ELLIOTT, ANDERSON, D. WILDER and JENNINGS objected to the Bill.
The following Bill was taken up.
H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3359SD.94), which was adopted.
Amend the bill, as and if amended, by striking Section 59-30-10(f) as contained in SECTION 1 and inserting:
/(f) Beginning in the school year 1981-82 and continuing through the school year 1984-85, administer the test specified in item (e) of this section to all students in grade eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86, the eleventh grade examination may be no longer administered and the board shall cause to be administered an exit examination to all tenth grade students. Local school districts shall establish remedial programs to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 and thereafter. Additionally, during the school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed or may be offered the opportunity to:
(1) accept a certificate indicating the number of credits earned and grades completed instead of a diploma;
(2) return in the fall as a senior if he is under the maximum age for attending high school, fully enroll in school, and retake the exit examination twice if necessary in the same manner it is offered to other seniors;
(3) enroll in the summer school exit exam program established below; or
(4) enroll in adult education.
For a student who has failed to pass the exit examination after four chances and who certifies that his military, educational, or other career goals must be placed on hold as a result of his failure to pass the exit exam, a summer testing of the exit exam following a remediation program in summer school after the student's twelfth grade year may be offered to allow these students to move forward with their career in a timely manner. If the student fails the exit exam following this summer program, he must then be offered the options (1), (2), or (4) referred to above. All costs related to the summer school program and summer testing of the exit exam must be paid by the student."/
Amend title to conform.
Rep. PHILLIPS 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. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9129JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-71-200 of the 1976 Code is amended to read:
"Section 38-71-200. Discrimination between individuals of the same class in the amount of premiums or rates charged for any a policy of insurance covered by this chapter, in the benefits payable thereon on the policy, in any of the terms or conditions of the policy, or in any other another manner whatsoever is prohibited except as provided in Sections 38-57-140 and 38-71-1110. Whenever any If a policy of insurance governed by this chapter provides for payment or reimbursement for any a service which is within the scope of practice of a licensed podiatrist, licensed oral surgeon, or licensed optometrist, or licensed master social worker, licensed independent social worker, licensed marriage and family therapist, licensed professional counselor, or psychiatric clinical nurse specialist, the insured or other person entitled to benefits under the policy is entitled to payment or reimbursement in accordance with the usual and customary fee for the services whether the services are performed by a licensed physician or a licensed podiatrist, a licensed oral surgeon, or a licensed optometrist, or licensed master social worker, licensed independent social worker, licensed marriage and family therapist, licensed professional counselor, or psychiatric clinical nurse specialist, notwithstanding any provision contained in the policy, and the policyholder, insured, or beneficiary has the right to may choose the provider of the services."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER 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. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS
Rep. D. SMITH explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 10, which was adopted.
Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, July 7, which was adopted.
H. 4793 -- Rep. Sharpe: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCIES AND BOARDS UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO ADD THE BOARD OF MASSAGE; AND TO AMEND CHAPTER 30, TITLE 40, RELATING TO MASSEURS AND MASSEUSES, SO AS TO CREATE THE SOUTH CAROLINA BOARD OF MASSAGE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, TO PROVIDE LICENSING REQUIREMENTS, TO ESTABLISH FEES, AND TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION AND PENALTIES.
Rep. WALDROP moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.
H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
The following Bill was taken up.
H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9100JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known and may be cited as the "South Carolina Sale of Checks Act".
SECTION 2. (1) The following financial institutions are exempt from the licensing requirements of this act when the sale of checks takes place in or through places of business located in this State which are authorized to accept deposits on behalf of the financial institutions:
(a) state and federally-chartered banks;
(b) state and federally-chartered savings and loan or building and loan associations;
(c) state and federally-chartered credit unions.
(2) Sales of checks by any of the foregoing through business locations in this State which are not authorized to accept deposits or through other agents, where the financial institution is domiciled outside of this State shall be subject to the provisions of this act.
(3) A financial institution domiciled within this State may designate agents to sell its checks at nonbanking outlets, and the place of business of such agents shall not be construed as a branch bank, office, or facility. The agent must be bonded and the financial institution made solely liable for the payment of the money orders upon proper presentation and demand. The responsibility of both the financial institution and its agent must be carefully defined in a written agreement setting forth the duties of both parties and providing for remuneration of the agent. Agents are required to report on sales and transmit funds therefrom not later than the end of the third business day following receipt of the funds. Arrangements for daily transmission of proceeds of sales is preferable, particularly if the volume of sales justifies. The financial institution's blanket bond coverage shall extend to cover agency transactions and transmission of the funds to the financial institution.
SECTION 3. (A) As used in this act, the term or terms:
(l) "Check" means any check, money order, or any other instrument for the payment or transmission of money, whether or not it is a negotiable instrument under the terms of Chapter 3 of Title 36, relating to commercial paper.
(2) "Licensee" means a corporation duly licensed pursuant to this act.
(3) "Sale" and "selling" means the passing of title from the seller or his agent to a holder or remitter for a price.
(4) "Board" means the State Board of Financial Institutions.
(B) Other statutory definitions applying to this act are:
(1) "Delivery" as defined in item (14) of Section 36-1-201.
(2) "Issue" as defined in item (a) of subsection (1) of Section 36-3-102.
(3) "Signed" as defined in item (39) of Section 36-1-201.
SECTION 4. No person or corporation, other than a bank or trust company, the authorized agent of a licensee, or an incorporated telegraph company which has received money at any of its offices or agencies for immediate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this act. This restriction applies to any nonresident person or corporation that engages in this State in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this State.
SECTION 5. In order to qualify for a license under this act, an applicant shall:
(1) satisfy the board that it is financially responsible and appears able to conduct the business of selling checks in an honest and efficient manner and with confidence and trust of the community; and
(2) comply with the bonding requirements, furnish the statements, and pay the fees prescribed in this act.
SECTION 6. (A) Each application for a license must be in writing and under oath to the board, in such form as the board prescribes, and shall include the following:
(1) the legal name and principal office address of the corporation applying for the license;
(2) the name, residence, and business address of each director or equivalent official and of each officer who will be involved in selling checks in this State;
(3) the date and place of incorporation;
(4) if the applicant has one or more branches, subsidiaries, affiliates, agents, or other locations at or through which the applicant proposes to engage in the business of selling or issuing checks within the State of South Carolina, the complete name of each and the address of each such location;
(5) the location where its initial registered office will be located in this State; and
(6) such other data, financial statements, and pertinent information as the board may require with respect to the applicant, its directors, trustees, officers, members, branches, subsidiaries, affiliates, or agents.
(B) The application must be filed together with:
(1) An investigation and supervision fee established by regulation of the board, which is not refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof; and
(2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this State and approved by the board. The bond shall be in the principal sum of $100,000.00 and in an additional principal sum of $5,000.00 for each location, in excess of one, at or through which the applicant proposes to engage in this State in the business of selling or issuing checks, until the principal sum shall aggregate $250,000.00. The bond must be in a form satisfactory to the board and shall run to the State of South Carolina for the benefit of any check holders against the licensee or his agents. The condition of the bond must be that the licensee will pay any and all monies that may become due and owing the creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this State, whether through its own act or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring an action directly on the bond. The liability arising under this paragraph is limited to the receipt, handling, transmission, and payment of money arising out of the licensee's business of selling and issuing checks in this State.
(C) In lieu of such corporate surety bond or bonds or of any portion of the principal thereof, the applicant may deposit with the board or a bank or trust company located in this State, as such applicant may designate and the board may approve, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof or guaranteed by the United States or the State of South Carolina or of a municipality, county, school district, or an instrumentality of the State of South Carolina or guaranteed by the State to an aggregate amount, based upon the principal amount of market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. The securities must be held to secure the same obligations as would the surety bond; but the depositor is entitled to receive all interest thereon and shall have the right, with the approval of the board, to substitute other securities for those deposited and is required to do so on written order of the board made for good cause shown. In the event of the failure or insolvency of such licensee, the securities, and proceeds therefrom, and the funds deposited pursuant to this section must be applied to the payments in full of claims arising out of transactions in this State for the sale and issuance of checks.
SECTION 7. Every licensee shall forward to the board annually a copy of its certified audit reflecting its condition at the end of the normal accounting period. Each licensee is also required to furnish the board an interim financial statement on a quarterly basis between annual closing periods. Interim financial statements may be prepared by outside accountants or by the licensee's own accountants. In either event, such interim financial statement must be signed by the person responsible for preparing the same. All copies of certified audits and interim financial statements must be forwarded to the board within forty-five days after receipt of the report from outside accountants; however, interim financial statements prepared internally must be provided to the board within forty-five days from the end of the fiscal quarter.
SECTION 8. Each applicant for a license to engage in the business of selling checks shall demonstrate its financial responsibility in accordance with the requirements contained in Section 5 of this act. As a minimum requirement, each applicant must exhibit tangible net worth in accordance with generally accepted accounting practices of not less than five percent of total assets or $50,000.00, whichever is greater; provided, however, such required net worth may be reduced by the aggregate amount of outstanding surety bonds in favor of all licensing jurisdictions similar to that bond required under the provisions of Section 6; and provided further, that the residual tangible net worth is not less than $50,000.00.
SECTION 9. Every licensee or agent or other representative of a licensee under this act shall display prominently on the premises where checks, money orders, or other instruments are issued and sold a certificate in prescribed form indicating that such sales are licensed under the South Carolina Sale of Checks Act. Failure or refusal to so display such certificate where such sales are made shall constitute cause for revocation or suspension of the designation of a representative or agent of a licensee.
SECTION 10. Upon the filing of the application in due form, accompanied by the documents and fee prescribed in this act, the board shall conduct an investigation to determine whether the criteria established by Section 5 have been satisfied. If the board determines to its satisfaction that the criteria of Section 5 have been met it shall issue to the applicant a license to engage in the business of selling and issuing checks in this State. A license issued pursuant to this act shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended, or revoked pursuant to this act. Where a corporation engages only in the business of selling checks issued by another corporation which is primarily obligated for payment of the checks and the seller is a wholly-owned subsidiary of or is wholly-owned by the sole corporate shareholder of the issuer, the board may grant a single license naming both the seller and issuer as joint licensees. In such cases, only a single license fee shall be collected and only one corporate surety bond pursuant to Section 6 may be required where such bond names both the seller and issuer.
SECTION 11. A license may be renewed for the ensuing twelve-month period upon the filing of an application conforming to the requirements of Section 6 with such modifications as the board may allow. Such renewal application must be filed on or after June first of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the board to defray the cost of supervision must be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January first. If a renewal application is filed with the board before July first of any year, the license sought to be renewed shall continue in force until the issuance by the board of the renewal license applied for or until twenty days after the board shall have refused to issue such renewal license.
SECTION 12. (A) A licensee shall give notice to the board by registered or certified mail of any action which may be brought against it and of any judgment which may be entered against it by any creditor or any claimant with respect to a check sold or issued in this State, with details sufficient to identify the action or judgment, within thirty days after the commencement of any such action or the entry of any such judgment. The corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the board by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Section 6 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. The board may, by reasonable regulations, provide for corresponding measures with respect to deposits made in lieu of a bond under subsection (C) of Section 6.
(B) A licensee shall give notice to the board by registered or certified mail of any increase in the number of locations at which it engages in the business of selling or issuing checks over the number previously reported in either its original or renewal application and shall show to the satisfaction of the board that the bond or securities required under Section 6 have been increased accordingly. This notice must be given quarterly, within thirty days after the end of each calendar quarter, and, if not given, such new location shall not be considered as included under the licensee's license under this act. At any time the board is shown that a licensee has decreased the number of locations at or through which it proposes to engage in the business, the board may decrease the bond or security requirements accordingly.
(C) A bond filed with the board for the purpose of compliance with Section 6 may not be canceled by either the licensee or the corporate surety except upon notice to the board by registered or certified mail with return receipt requested, the cancellation to be effective not less than thirty days after receipt by the board of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.
SECTION 13. A licensee may conduct its business at one or more locations in this State, so long as such locations have been included in the licensee's application and reports under Section 6 and Section 12 through such agents as it may designate. The board may within ten days after application, for cause, refuse to approve a licensee's designation of any agent or, for cause, suspend a licensee's designation of an agent. In such cases, the agent shall have the same procedural rights as are provided in this act for the denial, suspension, or revocation of a licensee's license. No additional license other than that obtained by the licensee shall be required of any duly reported agent of a licensee. An agent of a licensee shall sell or issue checks only at the location designated in the licensee report to the board or at other locations of which the board has been notified.
SECTION 14. The board shall promulgate regulations for the administration and enforcement of this act.
SECTION 15. (A) The board may suspend or revoke an original or renewal license or the designation of an agent of a licensee on any ground on which it might refuse to issue an original license or for a violation of any provision of this act or of any regulation issued pursuant to authority of this act or for failure of the licensee to pay, within thirty days after it becomes final, a judgment recovered in any court within this State by a claimant or creditor in an action arising out of the licensee's business in this State of selling or issuing checks.
(B) No application for a license under this act shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the board. For this purpose, the board shall give the applicant or licensee at least twenty days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. Any order of the board denying, suspending, or revoking a license shall state the grounds upon which it is based and shall not be effective for twenty days after its issuance. A copy thereof must be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.
(C) A decision of the board denying a license, original or renewal, is conclusive, except that it is subject to judicial review. A decision of the board suspending or revoking a license is subject to judicial review in accordance with the laws of this State.
SECTION 16. At the written request of any claimant or creditor of a licensee whose claim is based on a transaction in this State for the sale or issuance of a check subject to regulation under this act, the board may, in its discretion, take an assignment of such claim in trust for the benefit of the assigning claimant or creditor and may bring any legal action necessary to collect such claim. Two or more such claims against a licensee may be combined in one action.
SECTION 17. Every check issued in the conduct of the business regulated by this act must be signed by the licensee or its authorized representative, and the licensee is liable for the payment thereof to the same extent as a drawer of a negotiable instrument, whether or not the check is a negotiable instrument under Chapter 3 of Title 36.
SECTION 18. (A) No person or corporation shall sell checks as an agent of a principal seller when such principal seller is subject to licensing under this act but has not obtained a license hereunder, and any person who does so shall be deemed to be the principal seller thereof and not merely an agent and shall be liable to the holder or remitter as the principal seller.
(B) No person or corporation, other than a bank or trust company, and agent thereof, a licensee, or an agent of a licensee, shall undertake in the course of carrying on the business regulated in this act to receive, transmit, or handle money on behalf of another to whom he issues a money order or a similar payment paper, and any person who does so shall be liable to the owner of the money order or similar payment paper for the payment thereof to the same extent as a drawer of a negotiable instrument under Chapter 3 of Title 36.
SECTION 19. This act takes effect January 1, 1995./
Amend title to conform.
Rep. WHIPPER explained the amendment.
Reps. TROTTER, KIRSH, SIMRILL and WITHERSPOON objected to the Bill.
The amendment was then adopted.
Rep. MARCHBANKS objected to the Bill.
The following Joint Resolution was taken up.
H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7803BDW.94), which was adopted.
Amend the joint resolution, as and if amended, SECTION 1, line 35, by striking /, 2,/ so that when amended the section reads:
/SECTION 1. Beginning September 1, 1994, and expiring April 1, 1995, in addition to those seasons and times permitted in Section 50-11-120 of the 1976 Code, rabbits may be hunted with dogs, but not taken, in Game Zones 1 and 4 only, September first through January first on private lands only, between sunset and midnight and January second through March first between sunset and midnight on private lands and Wildlife Management Area lands./
Amend title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16049AC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 441 of 1992, is further amended by adding an appropriately numbered item to read:
"( ) To require, in its discretion and upon a showing of good cause, a parent or custodian of a child who receives child support on behalf of a child to submit to the parent paying the support or to the court, or both, at such times as the court requires an accounting of expenditures made from the child support received and such evidence of these expenditures as the court requires."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. BAXLEY, the invitation was accepted.
The following Bill was taken up.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: 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 IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (JIC\5907HTC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-232. In addition to all other requirements for real property to be classified as agricultural real property, the property must meet the following requirements:
(1) (a) If the tract is used to grow timber, the tract must be five acres or more. Tracts of timberland of less than five acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than five acres are eligible to be agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For the purposes of this item, tracts of timberland must be devoted actively to growing trees for commercial use.
(b) A tract which meets the acreage requirement of subitem (a) of this item devoted to growing Christmas trees is considered timberland. A Christmas tree tract not meeting the acreage requirement qualifies as agricultural property if the landowner reports gross income from Christmas trees that meets the income test provided in item (3) of this section, mutatis mutandis.
(2) For tracts not used to grow timber as provided in item (1) of this section, the tract must be ten acres or more. Nontimberland tracts of less than ten acres which are contiguous to other such tracts which, when added together, meet the minimum acreage requirement, are treated as a qualifying tract. For purposes of this item (2) only, contiguous tracts include tracts with identical owners of record separated by a dedicated highway, street, or road or separated by any other public way.
(3) (a) Nontimberland tracts not meeting the acreage requirement of item (2) qualify as agricultural real property if the person making the application required pursuant to Section 12-43-220(d)(3) reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the application. The assessor may require the applicant (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.
(b) An owner making an initial application required pursuant to Section 12-43-220(d)(3) for a nontimberland tract of less than ten acres may claim the property as agricultural real property for each year for the first five years of operation if he files federal income tax returns reporting at least one thousand dollars of gross farm income on Schedule E or F in at least three of the first five years. The assessor may require the new owner (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.
If the new owner fails to meet the income requirements in the five-year period, the tract is not considered agricultural real property and is subject to the rollback tax.
(c) Real property idle under a federal or state land retirement program or property idle pursuant to accepted agricultural practices is agricultural real property if the property otherwise would have qualified as such property subject to satisfactory proof to the assessor.
(d) Unimproved real property subject to a perpetual conservation easement as provided in Chapter 8 of Title 27 must be classified as agricultural real property.
(e) A nontimberland tract that does not meet the acreage or income requirements of this section to be classified as agricultural real property must nevertheless be classified as agricultural real property if the current owner or an immediate family member of the current owner has owned the property since January 1, 1984, and the property is classified as agricultural real property for property tax year 1994.
The property must continue to be classified as agricultural real property until the property is applied to some other use or until the property is transferred to other than an immediate family member, whichever occurs first. For purposes of this subitem, 'immediate family' is a person related to the current owner within the third degree of consanguinity or affinity and a trust all of whose noncontingent beneficiaries are related to the grantor of the trust within the third degree of consanguinity or affinity.
(4) In the case of rented or leased agricultural real property, either the lessor or the lessee shall meet the requirements of this section.
(5) (a) On the application required pursuant to Section 12-43-220(d)(3), the owner or his agent shall certify substantially as follows: Subject to the penalty provided in Section 12-43-340, either:
(i) 'I certify that the property which is the subject of this application meets the requirements to qualify as agricultural real property as of January first of the current tax year'; or
(ii) 'I certify that the property which is the subject of this application meets the requirements to qualify as agricultural real property and for the special assessment ratio for certain agricultural real property as of January first of the current tax year.'
(b) If it is determined that the property for which the certification was made did not meet the requirements to qualify for agricultural use classification at the time the certification was made, the property which is the subject of the certification is denied agricultural use value for the property tax year or years in question and in lieu of the rollback tax, the tax on the property for each tax year in question must be recalculated using fair market value, the appropriate assessment ratio, and the appropriate millage. There must be deducted from the recalculated tax liability any taxes paid for the year and the penalties provided pursuant to Section 12-45-180 must be added to the balance due. Interest at the rate of one percent a month must be added to the unpaid taxes calculated from the last penalty date."
SECTION 2. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-340. It is unlawful for a person knowingly and wilfully to make a false statement on the application required pursuant to Section 12-43-220(d)(3) to a county assessor for the classification of property as agricultural real property or for the special assessment ratio for certain agricultural real property. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars."
SECTION 3. Section 12-43-220(d)(3) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:
"(3) Agricultural real property does not come within the provisions of this section unless the owners of the real property or their agents make a written application therefor on or before May first of the first penalty date for taxes due for the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the department and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first the first penalty date. No additional annual filing is required while the use classification of the property is unchanged. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes."
SECTION 4. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. When owner-occupied residential property assessed pursuant to Section 12-43-220(c) is valued for purposes of ad valorem taxation, the value of the land must be determined on the basis that its highest and best use is for residential purposes."
SECTION 5. Real property initially classified as agricultural real property and made ineligible for that classification by the provisions of Section 12-43-232 of the 1976 Code, as added by this act, is not subject to rollback tax.
SECTION 6. Notwithstanding the provisions of Section 12-43-220(d) of the 1976 Code, every owner of property classified as agricultural real property for property tax year 1994 must reapply to the appropriate county assessor to maintain agricultural use classification for property tax years after 1994 in the manner provided in Section 12-43-220(d) of the 1976 Code as amended by this act. The application must contain the certification provided in Section 12-43-232 of the 1976 Code as added by this act. The county assessor shall send a written notice to every owner of land classified as agricultural property informing the owner of the reapplication requirement.
SECTION 7. This act is effective for property tax years beginning after 1994./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WHITE spoke against the amendment.
Rep. INABINETT moved to table the amendment.
Rep. McABEE moved to table the Bill.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Byrd Carnell Cobb-Hunter Elliott Harrelson Harris, P. Hines Holt Inabinett Jaskwhich Kennedy Klauber Koon Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Neilson Rhoad Robinson Scott Sharpe Spearman Stoddard Trotter Whipper White Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Gamble Graham Harrell Harris, J. Harrison Harvin Haskins Hodges Houck Huff Hutson Jennings Keegan Keyserling Kinon Kirsh Lanford Littlejohn Mattos McCraw McKay McTeer Meacham Phillips Quinn Richardson Riser Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the Bill.
The question then recurred to the motion to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Brown, G. Carnell Elliott Harrelson Harris, P. Hines Jaskwhich Kennedy Lanford McAbee McLeod Moody-Lawrence Neal Neilson Rhoad Smith, D. Stoddard Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Boan Breeland Brown, H. Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Fair Gamble Graham Hallman Harrell Harris, J. Harrison Harvin Haskins Houck Huff Hutson Jennings Keegan Keyserling Kinon Kirsh Koon Littlejohn Marchbanks McCraw McKay McTeer Meacham Quinn Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Simrill Smith, R. Snow Stille Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Walker Wells Whipper Wilder, D. Wilkes Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. MEACHAM moved immediate cloture on the entire matter.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Cooper Cromer Fulmer Gamble Hallman Harrell Harrison Haskins Huff Hutson Keegan Kelley Kirsh Lanford Marchbanks Meacham Neilson Quinn Riser Simrill Stille Stuart Trotter Vaughn Waites Walker Wells Wilder, D. Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Davenport Delleney Elliott Graham Harrelson Harris, J. Harris, P. Harvin Hodges Holt Houck Inabinett Jaskwhich Kennedy Keyserling Kinon Koon Littlejohn Mattos McAbee McCraw McKay McLeod McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Smith, R. Snow Stoddard Stone Sturkie Tucker Whipper White Williams Worley Wright
So, immediate cloture was rejected.
I did not vote for cloture because as a matter of principle I do not vote for cloture any time as I believe in free and open debate. Sometimes unlimited debate is necessary to prevent "the tyranny of the majority."
Rep. JAMES P. HARRELSON
Reps. McABEE and G. BROWN spoke against the amendment.
Rep. G. BROWN continued speaking.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. G. BROWN having the floor.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R422) H. 4967 -- Reps. Carnell, McAbee and Klauber: AN ACT TO PROVIDE FOR THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
(R423) S. 25 -- Senators Bryan and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES AND DEFINE "PSYCHIATRIC CONDITIONS".
(R424) S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
(R425) S. 671 -- Senator Land: AN ACT TO AMEND SECTIONS 12-19-20 and 12-19-100, BOTH AS AMENDED, 12-19-110 AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
(R426) S. 796 -- Senator Leventis: AN ACT TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON AND THE EXEMPTIONS FOR THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
(R427) S. 987 -- Senator Drummond: AN ACT TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE OFFICE OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.
(R428) S. 1021 -- Senator Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.
(R429) S. 1026 -- Senator McGill: AN ACT TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.
(R430) S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
(R431) S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R432) S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R433) S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
(R435) H. 3518 -- Rep. R. Young: AN ACT TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ADD AN ALTERNATIVE METHOD AS A PREREQUISITE FOR RECORDING; AND TO AMEND SECTION 29-3-330, RELATING TO THE METHODS A MORTGAGE, DEED OF TRUST, OR OTHER WRITTEN INSTRUMENT SECURING THE PAYMENT OF MONEY OR BEING A LIEN ON REAL PROPERTY MAY BE SATISFIED, SO AS TO PROVIDE AN ALTERNATIVE METHOD WHEN THE SIGNATURE OF THE OWNER OR HOLDER OF THE INSTRUMENT HAS BEEN LOST OR DESTROYED.
(R436) H. 3919 -- Rep. Simrill: AN ACT TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".
(R437) H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: AN ACT TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTIONS 15-9-210, AS AMENDED, 15-9-240, 15-9-245, AND 15-9-430, AS AMENDED, RELATING TO SERVICE OF PROCESS, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THESE SECTIONS TO BUSINESS OR NONPROFIT CORPORATIONS, OR BOTH; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND SECTION 33-20-103, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT TO NONPROFIT CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY IN REGARD TO NONPROFIT CORPORATIONS AND ELECTRIC AND TELEPHONE COOPERATIVES; TO ADD SECTION 33-49-690 SO AS TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR DIRECTORS, TRUSTEES, OR MEMBERS OF THE GOVERNING BODIES OF ELECTRIC COOPERATIVES UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.
(R438) H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: AN ACT TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION AND THE REAL ESTATE APPRAISERS BOARD WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, AND ADD CERTAIN PROVISIONS; TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; TO AMEND SECTIONS 27-29-20, 27-29-30, 27-29-50, 27-29-60, 27-29-70, 27-29-80, 27-29-90, 27-29-100, 27-29-110, 27-29-120, 27-29-130, 27-29-140, 27-29-190, AND 27-29-200, RELATING TO THE UNIFORM LAND SALES PRACTICE ACT, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE SOUTH CAROLINA REAL ESTATE COMMISSIONER AND PROVIDE THAT CHAPTER 29, TITLE 27 SHALL BE ADMINISTERED BY THE SOUTH CAROLINA REAL ESTATE COMMISSION RATHER THAN THE REAL ESTATE COMMISSIONER; AND TO AMEND SECTIONS 27-32-10, 27-32-20, 27-32-120, AS AMENDED, 27-32-130, 27-32-140, 27-32-150, 27-32-160, 27-32-180, 27-32-190, 27-32-200, 27-32-210, 27-32-220, 27-32-230, AND 27-32-250, ELATING TO VACATION TIME SHARING PLANS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE REAL ESTATE COMMISSIONER AND TRANSFER THE COMMISSIONER'S DUTIES, POWERS, AND RESPONSIBILITIES TO THE REAL ESTATE COMMISSION.
(R439) H. 4478 -- Reps. Snow, Inabinett, Riser and Law: AN ACT TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM USED TO SUSPEND HUNTING AND FISHING PRIVILEGES, SO AS TO INCLUDE HUNTING, TAKING, POSSESSING, OR SELLING ALLIGATORS; TO AMEND SECTION 50-15-60, AS AMENDED, RELATING TO THE COST OF PROGRAMS ESTABLISHED WITHIN THE NATURAL RESOURCES DEPARTMENT, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF FEES FOR PARTICIPATION IN THE ALLIGATOR CONTROL AND MANAGEMENT PROGRAM AND TO REQUIRE APPLICATIONS TO PARTICIPATE BY MAY FIRST; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES PERTAINING TO NONGAME WILDLIFE, SO AS TO REVISE THE PROVISIONS FOR ALLIGATORS TO INCLUDE THE HUNTING, TAKING, AND SHIPPING OF THEM AND DELETE THE REFERENCES TO EXPORTING, TRANSPORTING, OR RECEIVING FOR SHIPMENT; AND TO REPEAL SECTION 50-1-120, RELATING TO THE VIOLATIONS OF FISH AND GAME LAWS.
(R440) H. 4482 -- Reps. Snow, Riser and Law: AN ACT TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.
(R441) H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: AN ACT TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT, FOR THE PURPOSES OF CERTAIN PROVISIONS OF LAW, THE TERM "SERVICE STATION" DOES NOT INCLUDE ANY UTILITY STORAGE TANK FACILITIES WHICH SERVICE UTILITY OPERATIONS, INCLUDING VEHICLES, LOCOMOTIVES, OR EQUIPMENT.
(R442) H. 4596 -- Rep. Hodges: AN ACT TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO REDEFINE "PUBLIC UTILITY".
(R443) H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R444) H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
At 11:58 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. G. BROWN having the floor.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: 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 IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (JIC\5907HTC.94), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-232. In addition to all other requirements for real property to be classified as agricultural real property, the property must meet the following requirements:
(1) (a) If the tract is used to grow timber, the tract must be five acres or more. Tracts of timberland of less than five acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than five acres are eligible to be agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For the purposes of this item, tracts of timberland must be devoted actively to growing trees for commercial use.
(b) A tract which meets the acreage requirement of subitem (a) of this item devoted to growing Christmas trees is considered timberland. A Christmas tree tract not meeting the acreage requirement qualifies as agricultural property if the landowner reports gross income from Christmas trees that meets the income test provided in item (3) of this section, mutatis mutandis.
(2) For tracts not used to grow timber as provided in item (1) of this section, the tract must be ten acres or more. Nontimberland tracts of less than ten acres which are contiguous to other such tracts which, when added together, meet the minimum acreage requirement, are treated as a qualifying tract. For purposes of this item (2) only, contiguous tracts include tracts with identical owners of record separated by a dedicated highway, street, or road or separated by any other public way.
(3) (a) Nontimberland tracts not meeting the acreage requirement of item (2) qualify as agricultural real property if the person making the application required pursuant to Section 12-43-220(d)(3) reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the application. The assessor may require the applicant (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.
(b) An owner making an initial application required pursuant to Section 12-43-220(d)(3) for a nontimberland tract of less than ten acres may claim the property as agricultural real property for each year for the first five years of operation if he files federal income tax returns reporting at least one thousand dollars of gross farm income on Schedule E or F in at least three of the first five years. The assessor may require the new owner (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.
If the new owner fails to meet the income requirements in the five-year period, the tract is not considered agricultural real property and is subject to the rollback tax.
(c) Real property idle under a federal or state land retirement program or property idle pursuant to accepted agricultural practices is agricultural real property if the property otherwise would have qualified as such property subject to satisfactory proof to the assessor.
(d) Unimproved real property subject to a perpetual conservation easement as provided in Chapter 8 of Title 27 must be classified as agricultural real property.
(e) A nontimberland tract that does not meet the acreage or income requirements of this section to be classified as agricultural real property must nevertheless be classified as agricultural real property if the current owner or an immediate family member of the current owner has owned the property since January 1, 1984, and the property is classified as agricultural real property for property tax year 1994.
The property must continue to be classified as agricultural real property until the property is applied to some other use or until the property is transferred to other than an immediate family member, whichever occurs first. For purposes of this subitem, 'immediate family' is a person related to the current owner within the third degree of consanguinity or affinity and a trust all of whose noncontingent beneficiaries are related to the grantor of the trust within the third degree of consanguinity or affinity.
(4) In the case of rented or leased agricultural real property, either the lessor or the lessee shall meet the requirements of this section.
(5) (a) On the application required pursuant to Section 12-43-220(d)(3), the owner or his agent shall certify substantially as follows: Subject to the penalty provided in Section 12-43-340, either:
(i) 'I certify that the property which is the subject of this application meets the requirements to qualify as agricultural real property as of January first of the current tax year'; or
(ii) 'I certify that the property which is the subject of this application meets the requirements to qualify as agricultural real property and for the special assessment ratio for certain agricultural real property as of January first of the current tax year.'
(b) If it is determined that the property for which the certification was made did not meet the requirements to qualify for agricultural use classification at the time the certification was made, the property which is the subject of the certification is denied agricultural use value for the property tax year or years in question and in lieu of the rollback tax, the tax on the property for each tax year in question must be recalculated using fair market value, the appropriate assessment ratio, and the appropriate millage. There must be deducted from the recalculated tax liability any taxes paid for the year and the penalties provided pursuant to Section 12-45-180 must be added to the balance due. Interest at the rate of one percent a month must be added to the unpaid taxes calculated from the last penalty date."
SECTION 2. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-340. It is unlawful for a person knowingly and wilfully to make a false statement on the application required pursuant to Section 12-43-220(d)(3) to a county assessor for the classification of property as agricultural real property or for the special assessment ratio for certain agricultural real property. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars."
SECTION 3. Section 12-43-220(d)(3) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:
"(3) Agricultural real property does not come within the provisions of this section unless the owners of the real property or their agents make a written application therefor on or before May first of the first penalty date for taxes due for the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the department and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first the first penalty date. No additional annual filing is required while the use classification of the property is unchanged. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes."
SECTION 4. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. When owner-occupied residential property assessed pursuant to Section 12-43-220(c) is valued for purposes of ad valorem taxation, the value of the land must be determined on the basis that its highest and best use is for residential purposes."
SECTION 5. Real property initially classified as agricultural real property and made ineligible for that classification by the provisions of Section 12-43-232 of the 1976 Code, as added by this act, is not subject to rollback tax.
SECTION 6. Notwithstanding the provisions of Section 12-43-220(d) of the 1976 Code, every owner of property classified as agricultural real property for property tax year 1994 must reapply to the appropriate county assessor to maintain agricultural use classification for property tax years after 1994 in the manner provided in Section 12-43-220(d) of the 1976 Code as amended by this act. The application must contain the certification provided in Section 12-43-232 of the 1976 Code as added by this act. The county assessor shall send a written notice to every owner of land classified as agricultural property informing the owner of the reapplication requirement.
SECTION 7. This act is effective for property tax years beginning after 1994./
Amend title to conform.
Rep. G. BROWN continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Rep. CARNELL moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Boan Brown, G. Brown, J. Byrd Canty Carnell Cobb-Hunter Elliott Harrelson Harvin Hines Holt Inabinett Jaskwhich Kennedy Klauber Koon Mattos McAbee McKay McLeod McMahand Phillips Rhoad Rudnick Scott Spearman Tucker Whipper White Wilder, D.
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baker Barber Baxley Brown, H. Cato Clyborne Cooper Cromer Delleney Fulmer Gamble Gonzales Govan Hallman Harrell Harris, J. Harrison Harwell Haskins Houck Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks McCraw McTeer Meacham Moody-Lawrence Quinn Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Sturkie Thomas Trotter Vaughn Waites Walker Wells Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. HOLT spoke against the amendment.
The SPEAKER Pro Tempore granted Reps. NEILSON and CANTY a leave of absence.
Rep. STURKIE moved immediate cloture on the entire matter.
Rep. CARNELL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. McLEOD was recognized.
Rep. CHAMBLEE moved that the House recede until 2:00 P.M., which was rejected by a division vote of 37 to 55.
Rep. McLEOD spoke against the amendment.
Rep. SIMRILL moved immediate cloture on the entire matter.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Baker Barber Brown, H. Clyborne Corning Cromer Davenport Delleney Elliott Fulmer Gamble Gonzales Hallman Harrell Harrison Harwell Haskins Hodges Houck Huff Hutson Keegan Kelley Kirsh Lanford Law Littlejohn Marchbanks McKay McTeer Meacham Quinn Riser Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stuart Sturkie Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baxley Boan Breeland Brown, G. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Govan Harrelson Harris, J. Harvin Hines Holt Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Klauber Koon Mattos McAbee McCraw McLeod McMahand Moody-Lawrence Neal Phillips Rhoad Robinson Rudnick Snow Spearman Stoddard Stone Townsend Tucker Whipper White
So, immediate cloture was ordered.
Rep. G. BROWN moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SIMRILL moved to table the motion to commit.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Barber Boan Brown, H. Chamblee Clyborne Corning Cromer Delleney Elliott Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Houck Huff Hutson Keegan Kelley Kinon Kirsh Law McCraw McKay McTeer Meacham Phillips Quinn Riser Rogers Sheheen Shissias Simrill Smith, R. Stille Stuart Sturkie Thomas Townsend Vaughn Waites Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, G. Baxley Breeland Brown, G. Byrd Carnell Cato Cobb-Hunter Cooper Davenport Govan Harrelson Harvin Harwell Hines Holt Inabinett Jaskwhich Jennings Kennedy Keyserling Klauber Koon Lanford Littlejohn Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Rhoad Robinson Rudnick Sharpe Smith, D. Spearman Stoddard Stone Trotter Tucker Whipper White Wilder, J.
So, the motion to commit was tabled.
Rep. KENNEDY moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Barber Baxley Boan Breeland Brown, G. Byrd Carnell Chamblee Cobb-Hunter Elliott Felder Govan Harrelson Harvin Hines Hodges Holt Inabinett Jaskwhich Jennings Kennedy Kinon Klauber Koon Mattos McAbee McCraw McKay McLeod McMahand Neal Phillips Rhoad Rudnick Sheheen Snow Spearman Stoddard Townsend Trotter Tucker Whipper White Wilder, J.
Those who voted in the negative are:
Allison Baker Cato Clyborne Cooper Corning Cromer Davenport Delleney Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Houck Huff Hutson Keegan Kelley Keyserling Kirsh Lanford Littlejohn Marchbanks McElveen McTeer Meacham Moody-Lawrence Quinn Richardson Riser Robinson Rogers Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Thomas Vaughn Waites Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. G. BROWN moved that the House recede until 2:15 P.M., which was rejected by a division vote of 40 to 60.
Rep. McTEER spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, G. Baxley Brown, G. Carnell Chamblee Cobb-Hunter Elliott Felder Graham Harrelson Harvin Hines Jennings Kennedy Klauber Littlejohn Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Rhoad Robinson Scott Spearman Stoddard Trotter White Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Boan Breeland Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Delleney Gamble Govan Hallman Harrell Harris, J. Harrison Harwell Haskins Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wells Whipper Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 57 to 24.
Rep. KOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20833SD.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 12-43-220 of the 1976 Code is amended by adding an appropriately lettered item at the end to read:
"( ) All unimproved and undeveloped real property not identified as part of a residential, commercial, or industrial development must be taxed on an assessment equal to two percent of the fair market value of the property."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KIRSH moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 27.
Rep. HODGES moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Fair Felder Gamble Govan Harrelson Harvin Harwell Hines Hodges Holt Houck Inabinett Jaskwhich Jennings Kennedy Kinon Koon Mattos McAbee McCraw McKay McLeod McMahand Moody-Lawrence Neal Phillips Rhoad Rogers Rudnick Scott Sheheen Shissias Spearman Stille Stoddard Sturkie Townsend Tucker Waites Whipper White Wilder, D. Wilkes Wofford Worley
Those who voted in the negative are:
Allison Baker Cato Cooper Corning Cromer Davenport Delleney Fulmer Gonzales Hallman Harrell Harris, J. Harrison Haskins Huff Hutson Keegan Kelley Keyserling Kirsh Klauber Lanford Littlejohn Marchbanks McElveen McTeer Meacham Quinn Richardson Riser Robinson Sharpe Simrill Smith, D. Smith, R. Snow Stone Stuart Thomas Trotter Vaughn Walker Wells Wilkins Witherspoon Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, immediate cloture having been ordered.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 920 General Subject Matter: Ag. Prop. Taxes
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JAMES J. BAILEY
At 1:10 P.M. the House in accordance with the motion of Rep. RISER adjourned in memory of Margaret Mitchiner Powell, to meet at 10:00 A.M. tomorrow.
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