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:
Our Father God, as the time approaches when theses desks will be empty for awhile and this hollowed Hall is silent, we come now to thank You for the doors of opportunities which have been opened to us during the past. And may we who have spoken and voted according to the dictates of conscience and conviction have no regrets. We pray that Your wisdom may overrule anything that has been done unworthily or amiss. Use and multiply that which has been done that is in accord with Your good and fatherly will.
Give us Your peace, both now and always. 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 Thad Allen Billings of West Columbia, which was agreed to.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Stilwell and Jackson of the Committee of Conference on the part of the Senate on H. 4323:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5290 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF HONORABLE JAMES P. "PREACHER" HARRELSON OF COLLETON COUNTY NOT TO OFFER FOR REELECTION AND TO THANK HIM FOR HIS LONG AND DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN THE FUTURE.
Whereas, our good friend and respected colleague, the Honorable James P. "Preacher" Harrelson has been an esteemed member of the General Assembly in excess of two decades, having served in the House of Representatives from l957 to l960 and from l99l until the end of this term and in the Senate from l963 to l976; and
Whereas, over the years he has been extremely active in his community, his county, his State and his nation in many civic, legal, political and religious activities including pastoring in the Baptist church, serving on the General Board of the Baptist Convention and serving as National Committeeman of the Young Democrats, Chairman of Colleton County Democratic Party, and as a delegate to several National Democratic Conventions; and
Whereas, James P. "Preacher" Harrelson has been a leader in the State Bar as an able and active attorney and an astute businessman; and
Whereas, James P. "Preacher" Harrelson served his nation with distinction as a member of the U.S. Army-Air Corps; and
Whereas, his extraordinary oratory has not only reverberated from the pulpit for the betterment of his congregation but has held the members spellbound while entertaining both bodies of this General Assembly on many occasions to the lasting benefit of thousands of South Carolinians; quick of wit and keen of mind he has made significant contributions in his work in the General Assembly on all the committees on which he has served including chairing the Senate Agriculture and Natural Resources Committee where through his leadership many controversial far-reaching and significant laws were crafted to the great benefit of our citizens and
Whereas, always a progressive reformer, he was an architect of the present day Reorganization Commission and the primary sponsor of the reorganization and consolidation of the Senate Committee System; and
Whereas, always an advocate of our educational system, James P. "Preacher" Harrelson will always be known as one who promotes the theory of "teaching a man to fish and he will never go hungry as opposed to giving a man a fish"; and
Whereas, through his intelligence, personality, ability and vast experience in law, business and agriculture, he has contributed greatly to the citizens of South Carolina; and
Whereas, by his distinguished service in both houses of the General Assembly he has brought great pride to his family and the people of the Lowcountry of South Carolina; and
Whereas, the members of the General Assembly will greatly miss a valuable member and wish to thank him for his friendship, wisdom and leadership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly express their deep disappointment at the loss of one of its esteemed members, the Honorable James P. "Preacher" Harrelson of Colleton County and wish to thank him for his valuable contributions and leadership in both the South Carolina House of Representatives and the South Carolina Senate, and wish him well in the future.
Be it further resolved that a copy of this resolution be forwarded to the Honorable James P. "Preacher" Harrelson; to his wife, Hazel H. Richardson Harrelson; and to the Colleton County Museum.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5291 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5292 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5293 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5294 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE INFORMATION SYSTEMS FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5295 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5296 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE EMPLOYEES OF THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1994 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5297 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, THE TOUR GUIDE STAFF, AND THE STATE HOUSE NURSES FOR THEIR DEDICATED HARD WORK DURING THE 1994 SESSION.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5298 -- Rep. McElveen: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 20, 1994, FOR ITS MEETING AND CONFERENCE.
Be it resolved by the House of Representatives:
That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday, September 20, 1994, for its meeting and conference. If the House is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.
The Resolution was adopted.
The following was introduced:
H. 5299 -- Rep. Harrell: A HOUSE RESOLUTION CONGRATULATING ORANGE GROVE ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 5300 -- Rep. Harrell: A HOUSE RESOLUTION CONGRATULATING HARBOR VIEW ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 5301 -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND MRS. ELIZABETH D. MILLER FOR HER OUTSTANDING EFFORTS IN SERVING THE STUDENTS OF THE COMMUNITIES OF RAFTING CREEK, REMBERT, AND HORATIO FOR OVER FORTY-FOUR YEARS.
The Resolution was adopted.
The following was introduced:
H. 5302 -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND MR. CHRIS CAISON, UNION CAMP PLANT MANAGER AND PRESIDENT-ELECT OF THE GREATER SUMTER CHAMBER OF COMMERCE, FOR ALL HE HAS DONE TO IMPROVE THE EDUCATIONAL OPPORTUNITIES OF THE STUDENTS OF SUMTER COUNTY AND ESPECIALLY THE STUDENTS OF HILLCREST HIGH SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 5303 -- Reps. Harrell, Fulmer, J. Bailey, Barber, Breeland, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING C. E. WILLIAMS MIDDLE SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5304 -- Reps. Wilkes, Sheheen, Rhoad, P. Harris, McAbee, Carnell, Stoddard, Harrelson, J. Wilder, G. Bailey, M.O. Alexander, Mattos, McKay, Kinon, Holt, H. Brown and Boan: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALTER BOYD BROWN, SR., RESIDENT VICE PRESIDENT OF NORFOLK SOUTHERN RAILWAYS, UPON HIS FORTHCOMING RETIREMENT.
Whereas, the members of the South Carolina General Assembly are indeed saddened to learn of the forthcoming retirement of Walter Boyd Brown, Sr; and
Whereas, Walter Brown exemplifies a person who has always held South Carolina, its people, its problems and its development very close to his heart. For over seven decades he has been involved in that which constitutes government in our State. Throughout his life, Fairfield County and South Carolina have always been first and foremost in his mind; and
Whereas, following his graduation from the University of South Carolina, his career in government began as Director of the Sinking Fund and Director of General Services from 1958-1964. He served three terms (1952-58) as a member of the House of Representatives and was elected Trustee of the Medical University of South Carolina, serving twelve years, and continually since as the first Trustee Emeritus. He is currently Resident Vice President of Norfolk Southern Railways, employed in 1964 to represent Norfolk Southern in South Carolina. Through his efforts, Norfolk Southern is one of the largest investors in the industrial economy of our State. He has received numerous awards for his efforts on behalf of South Carolina and was recognized by Fairfield County for his effort in locating industrial organizations there; and
Whereas, above the formal posts he has held, Walter has offered his sage counsel and great wealth of experience to all those who seek his guidance. He is a man of warmth, wisdom, and humility in all his dealings regardless of a person's station or importance; and
Whereas, Walter has always been noted for preferring to deal with people in a relaxed atmosphere especially when matters have been tenuous or when personalities clashed. He is an inveterate storyteller having a seemingly endless wellspring of anecdotes and entertaining factual accounts of what can only be called, "Government in South Carolina." At the end of a particularly difficult day, it is not unusual to see Walter at the Capitol Cafe counselling or consoling members of the Public Service Commission, members of the House and Senate, Judges, staff members and many others who traditionally gather there. There is no way to determine how many problems of state government have been resolved during one of his famous fish fries; and
Whereas, Walter is also a devoted son, husband, father, and grandfather and is active in the civic affairs of his home in Winnsboro. He is the son of Mary Tidwell Brown and the late Boyd Brown. He is married to the former Tan Miller of Bennettsville, and has four children; Ann Brown Rogers, Mary Boyd Chaplin, Walter B. Brown, Jr., and R. David Brown. He has twelve grandchildren. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express the heartfelt good wishes and sincere gratitude to Walter Boyd Brown, Sr., Resident Vice President of Norfolk Southern Railways, upon his forthcoming retirement.
Be it further resolved that a copy of this resolution be presented to Walter Boyd Brown, Sr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
The Senate amendments were agreed to, and the Bill, 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.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Askins Bailey, J. Baxley Beatty Breeland Brown, G. Brown, H. Byrd Cato Chamblee Cooper Cromer Delleney Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, June 2.
James G. Mattos Roland S. Corning G. Ralph Davenport, Jr. Marion P. Carnell Molly M. Spearman Ralph W. Canty Robert A. Barber, Jr. E.B. McLeod, Jr. J. Gary Simrill Joseph H. Neal June S. Shissias Thomas C. Alexander Larry L. Elliott Dewitt Williams Gilda Cobb-Hunter B. Hicks Harwell Toney L. Farr Kenneth Kennedy John G. Felder Dell Baker Joseph T. McElveen, Jr. H. Howell Clyborne, Jr. George H. Bailey Michael F. Jaskwhich Larry L. Koon C. Alex Harvin, III William D. Boan Joe E. Brown
ORDERED ENROLLED FOR RATIFICATION
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.
S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.
The following Bill was taken up.
S. 1432 -- Senator Mescher: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
Rep. ASKINS proposed the following Amendment No. 1, which was adopted.
SECTION 1. Article 1, Chapter 31, Title 33 of the 1976 Code is amended by adding:
"Section 33-31-155. (A) Persons serving as directors or trustees at the time of dissolution of a nonprofit corporation or eleemosynary organization created pursuant to Section 33-31-10 and located in Florence County for the public good other than religious purposes are invested with the authority to dispose of any remaining assets of the corporation by resolution pursuant to the requirements of this section.
(B) The corporation's charter does not have to be reinstated for the disposition of such assets.
(C) The directors or trustees must call a special meeting for the limited purpose of disposing of the corporate assets remaining after dissolution. Notwithstanding any other provision of law, a quorum shall not be required for the conducting of the special meeting. Notice of such meeting must be published in a newspaper of general circulation, in the county in which the organization was perfected, for a period of one week prior to the meeting date.
(D) The assets may only be disposed of if a majority of the directors or trustees present and voting cast a favorable majority for such disposition. The assets must be distributed in such a manner to ensure their continued use for public and civic purposes.
(E) If persons serving as directors or trustees at the time of dissolution are deceased or have not taken action to dispose of assets of a dissolved nonprofit eleemosynary organization within five years of dissolution, any remaining assets escheat to the general fund of the State."
SECTION 2. This act takes effect upon approval by the Governor with the exception of Section 33-31-155(E), which shall take effect two years from the date of approval by the Governor.
Rep. J. BAILEY, with unanimous consent, proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, public oyster grounds are of great importance to the public; and
Whereas, the location of private docks in public oyster grounds causes numerous problems for shellfish management and for the harvesting public; and
Whereas, public shellfish harvesting is a growing recreational component of the State's tourism industry; and
Whereas, public shellfish harvesting provides economical means for our citizens to acquire shellfish for their personal consumption and enjoyment; and
Whereas, public oyster grounds are recognized by the South Carolina Coastal Council as "geographic areas of particular concern" to be protected for public recreation and public consumption; and
Whereas, public oyster grounds are managed by the South Carolina Department of Natural Resources and protected for the management of shellfish for public recreation and personal consumption; and
Whereas, the General Assembly finds that the existence of private or public docks in public oyster grounds would not be in the best interest of the State. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The Folly Beach Public Oyster Ground is relocated to that area on the north bank of the Folly River directly across from the existing public oyster ground. This new area is approximately two thousand feet long and is bounded on the north by the marshes of the Folly River, to the east by the westernmost boundary of Shellfish Culture Permit C-207, to the south by the Folly River, and to the west by another small unnamed tributary of the Folly River adjacent to South Carolina Highway 171. However, the portion of the existing public oyster ground on the south bank of the Folly River immediately adjacent to the South Carolina Highway 171 Bridge remains in place. This area is approximately two hundred feet in length and extends from the bridge to the first small ditch or creek.
(B) No private docks are allowed in the Folly River Public Oyster Ground described in subsection (A).
(C) The area on the south bank of the Folly River currently designated as a public oyster ground, excepting the two hundred foot area described in subsection (A), reverts to a state shellfish ground upon the effective date of this section. This state shellfish ground must be managed by the South Carolina Department of Natural Resources exclusively for recreational shellfish harvesting.
(D) This section does not infringe on the ability of county legislative delegations to move public oyster grounds as provided in Section 50-17-370 of the 1976 Code.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".
S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.
Rep. RICHARDSON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Barber Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cooper Corning Cromer Delleney Fair Fulmer Gamble Gonzales Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Lanford Law Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Waites Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. RICHARDSON, THOMAS and KEEGAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The CONFERENCE COMMITTEE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:
SECTION 1. Section 38-75-310(5) of the 1976 Code is amended to read:
"(5) 'Coastal area' means:
(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;
(b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business, all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business, and Cedar Island, North Island, and South Island;
(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway) Business;
(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway."
SECTION 2. Section 38-75-310(1) of the 1976 Code, as last amended by Act 469 of 1990, is further amended to read:
"(1) 'Essential property insurance' means insurance against direct loss to property as defined and limited in the wind and hail insurance policy and forms approved by the commissioner; and after January 1, 1995, at the request of the insured, coverage for:
(a) actual loss of business income; or
(b) additional living expense; or
(c) fair rental value loss.
Prior to November 1, 1994, the South Carolina Wind and Hail Underwriting Association must file with the Commissioner for approval additional policy forms defining the terms of and providing coverage for actual loss of business income, additional living expense and fair rental value loss."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
/s/Senator Edward E. Saleeby, Chai/s/Rep. Scott Richardson /s/Senator Ty Courtney /s/Rep. Paula Thomas /s/Senator Greg Smith /s/Rep. Thomas Keegan On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
Reps. WILKINS and HODGES, with unanimous consent, proposed the following Amendment No. 1, which was adopted.
Amend the bill by inserting on line 8 on page 2 and renumbering the sections thereafter:
Notwithstanding any other provision of law, any real property which is or has been included within a multi-county park under Section 4-1-170 and title to which is held by the State of South Carolina, may be annexed only upon approval by the Budget and Control Board.
Rep. McTEER, with unanimous consent, proposed the following Amendment No. 2, which was adopted.
Amend by adding a new section.
Section ( ). All multi-county parks must consist of contiguous counties.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was taken up.
S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.
Reps. WILKES, McABEE, HARRISON, HASKINS, D. SMITH, DAVENPORT, D. WILDER, CARNELL, JENNINGS, A. YOUNG, WILKINS, MATTOS, G. BROWN and SHARPE, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20976SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. (A) Section 12-36-2120(24) of the 1976 code, as added by Act 612 of 1990, is further amended to read:
"(24) supplies and machinery used by laundries, cleaning, dyeing or pressing, or garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;"
(B) This section takes effect June 30, 1995./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was taken up.
S. 1421 -- Senators Moore and Ryberg: A BILL TO AMEND ACT 268 OF 1989 TO CHANGE THE TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994 AND THEREAFTER.
Reps. RUDNICK, R. SMITH and HUFF, with unanimous consent, proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\21005SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. For the year 1994, an additional ten mills above that levied for the year 1993 is authorized to be levied for the general operations of the School District of Aiken County, provided that:
(1) it is recommended that the Freedman Alternative School be opened and in operation at the beginning of the school year 1994-95;
(2) a comparative analysis of the budget of the School District of Aiken County must be published in a newspaper of general circulation in the district not later than ten days prior to its presentation to the Aiken County Legislative Delegation.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
Rep. FULMER moved to reconsider the vote whereby the following Joint Resolution was given a third reading.
S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.
Rep. GAMBLE moved to table the motion, which was not agreed to.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. R. YOUNG, FULMER and HARRELL, with unanimous consent, proposed the following Amendment No. 2, which was adopted.
Add the following:
... and at the intersection of U.S. Highway 78 and the Elms Blvd. in Charleston County, and a turn signal traffic light at St. Andrews Blvd. and Sycamore Drive in Charleston County, and on U.S. Highway 17 and Marginal Road in Charleston County.
The Joint Resolution, as amended, was read the third time, and ordered returned the Senate with amendments.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 1145 -- Senators Richter, Courtney and Waldrep: 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.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 1408 -- Senator Courtney: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 5230 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
Rep. KIRSH moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 1423 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE CROP PEST COMMISSION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF PHYTOPHAGOUS SNAILS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 1373 -- Senator McGill: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
Rep. SCOTT withdrew his objection to H. 3290 however, other objections remained upon the Bill.
Rep. BREELAND withdrew his objection to the following Bill whereupon an objection was raised by Rep. WOFFORD.
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Rep. ANDERSON withdrew his objection to the following Bill.
S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.
Reps. CHAMBLEE, R. SMITH and G. BROWN withdrew their objections to the following Joint Resolution.
S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
Rep. NEAL withdrew his objection to the following Bill.
S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.
The veto on the following Bill was taken up.
(R505) H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, UNLESS EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.
Reps. ROGERS and WOFFORD spoke against the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, J. Barber Baxley Boan Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Delleney Elliott Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Hines Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Law Littlejohn Mattos McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rogers Rudnick Sheheen Simrill Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Wofford Worley Young, R.
Those who voted in the negative are:
Allison Clyborne Corning Davenport Fair Harrison Haskins Keegan Kelley Kirsh Klauber Marchbanks Quinn Robinson Shissias Smith, D. Stuart Thomas Trotter Vaughn Wells Witherspoon Wright Young, A.
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6131HTC.94), which was adopted.
Amend the bill, as and if amended, page 12 by striking SECTION 20 and inserting:
/SECTION 20. (A) Section 12-54-420(1) of the 1976 Code, as last amended by Act 10 of 1993, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapter 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."
(B) Section 12-54-420(4) of the 1976 Code is amended to read:
"(4) 'Delinquent debt' means any liquidated sum due and owing any claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made."/
Amend title to conform.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6122DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 4-9-155 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.
The Senate amendments were agreed to, and the Bill, 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.
The amendment which I withdrew would have corrected a special provision to benefit one person. The Senate added Section 2 to this Bill to give a gubernatorial appointee, who was in a holdover status, retroactive permission to apply for the early retirement incentive, which ended in November of 1993. This person knew, or at worst should have known in 1993, that they were not going to be reappointed and if they wanted to participate in the early retirement incentive, they should have done it by November, 1993. Section 2 is nothing more that special purpose, pork barrel spending to benefit one person. This is wrong!
The reason I withdrew my amendment is because unfortunately it was out of order.
Rep. ALFRED B. ROBINSON, JR.
The Senate amendments to the following Bill were taken up for consideration.
H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.
Rep. CORNING proposed the following Amendment No. 1, which was adopted.
To amend the Senate amendments in Section Four (B) to delete:
(3) Department of Alcohol and Drug Abuse;
(5) Department of Mental Health;
(8) Wil Lou Gray Opportunity School;
and to renumber the remaining voter registration agencies accordingly.
Rep. CORNING explained the amendment.
The amendment was then adopted.
Reps. RICHARDSON, HUFF, A. YOUNG, HASKINS, H. BROWN and WILKINS proposed the following Amendment No. 2, which was tabled.
Amend the bill, as and if amended, by striking all Senate amendments.
Rep. HASKINS explained the amendment.
Reps. CROMER and J. WILDER spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. BEATTY spoke against the amendment.
Rep. CANTY 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:
Alexander, M.O. Alexander, T.C. Anderson Askins Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Corning Cromer Delleney Farr Felder Gonzales Govan Harrelson Harris, J. Harris, P. Harwell Hines Holt Inabinett Jennings Keyserling Kirsh Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Stuart Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Worley
Those who voted in the negative are:
Allison Baker Brown, H. Cooper Davenport Fair Fulmer Gamble Graham Hallman Harrell Harrison Haskins Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Sturkie Thomas Trotter Vaughn Walker Wells Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
I was out of the Chamber when Amendment No. 2 on H. 3385 was tabled. I would have voted "No" on the tabling motion.
Rep. HARRY F. CATO
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name L:\Council\Legis\Amend\WWW\30259DW.94), which was adopted.
Amend the bill, as and if amended, page 10, beginning on line 12, by striking /as provided under the provisions of Section 30-4-40/. When amended, Section 7-5-330(E)(1)(b) shall read:
"(b) ensure that the identity of the voter registration agency through which a particular voter is registered is not disclosed to the public."
Amend further, page 18, lines 12 through 17, by striking SECTION 12 in its entirety which reads:
/SECTION 12. Section 30-4-40(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item:
"( ) completed voter registration application forms;"/
Renumber sections to conform
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., June 2, 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 S. 1358:
S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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 S. 1113:
S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
Rep. KIRSH explained the Senate amendment.
Rep. KIRSH moved to table the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Rep. JENNINGS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.
Rep. FELDER made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., June 2, 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 S. 436:
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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 S. 782:
S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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 S. 1432:
S. 1432 -- Senator Mescher: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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 S. 1421:
S. 1421 -- Senators Moore and Ryberg: A BILL TO AMEND ACT 268 OF 1989 TO CHANGE THE TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994 AND THEREAFTER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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 S. 1230:
S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. GONZALES moved to adjourn debate upon the following Bill, which was adopted.
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.
The following House Resolution was taken up.
H. 5258 -- Reps. Kelley, A. Young, Keegan, Simrill, Shissias, Fulmer, Kennedy, Thomas, Sharpe, Witherspoon, Littlejohn, Harrison, Riser, Corning, Wells, Baxley, McAbee, Carnell, McKay, G. Bailey, Stille, Barber, Worley, Richardson, Walker, Stone, J. Harris, Stuart, Delleney, Lanford, Meacham, D. Smith, Huff and Fair: A HOUSE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.
Whereas, under President Clinton's health care reform proposal, all employers would be required to provide health care coverage to their employees; and
Whereas, Title I of the Health Security Act would require employers to pay for eighty percent of a comprehensive set of health care benefits for all employees, including Medicare recipients, and prorated payments for part-time and seasonal workers; and
Whereas, such employer mandates would result in job loss, a reduction in profits and productivity for American business in general, and small business in particular, and result in higher prices for consumers and lower wages for workers; and
Whereas, small business owners justifiably fear these employer mandates will be utilized to fund an entitlement created, managed, and regulated by the federal government, no different from Social Security, Medicare, Medicaid, or Unemployment Insurance; and
Whereas, such employer mandates have every characteristic of the kind of mandatory payment that is most damaging to small business and the jobs it creates: it is, in fact, a payroll tax; and
Whereas, almost all employers would be required to fulfill this obligation by paying a specific percentage of payroll to a regional health alliance; these mandatory payroll-based premiums constitute a huge, new payroll tax to pay for sixty percent of the proposed new health care system; and
Whereas, a national health board would have the unchecked power to increase at any time the percentage of payroll required to be paid by employers to the regional health alliance; and
Whereas, this payroll tax would be particularly injurious to new businesses, which create one in three new jobs in the United States because the tax mandates an additional fixed cost on those businesses every time they want to grow and hire new employees; and
Whereas, payroll taxes assessed to pay for mandatory benefits also impose upon small business owners a new cost over which they have no control, thus limiting their ability to provide the best possible compensation package for each individual business's survival and its employees; and
Whereas, employer mandates would also impose upon employers a wave of paperwork to be submitted to regional alliances to prove compliance with the law and to calculate payments; such massive amounts of paperwork and the cost associated with it would, in essence, be a hidden tax on employers; and
Whereas, because most small businesses are labor intensive, particularly in the retail and service sector, small firms are disproportionately damaged by a payroll-based tax; a payroll tax also acts as a disincentive for maintaining existing employees; and
Whereas, while small business in general would be adversely affected by employer mandates, small businesses owned by minorities and women would be affected to an even greater extent because these firms tend to be the smallest of our businesses; and
Whereas, based on data from the Census Bureau, the Congressional Budget Office, and other reliable sources, sixty percent of employers in the United States have fewer than five employees, accounting for three million of our employers; of this group, seventy-four percent do not provide health care insurance for their employees; and
Whereas, employer mandates preclude a health care reform approach that makes it possible for these small businesses to respond to a reformed health care insurance market; instead, it immediately and disproportionately raises the payroll costs of these businesses by 3.5 percent to 7.9 percent of payroll, and ultimately makes them responsible for eighty percent of a very rich standard health care standard benefits package; and
Whereas, there exists near unanimity of opinion among the American people, congressional leaders, economists, and even proponents in the White House that employer mandates would result in job loss and prove damaging to small business; and
Whereas, sixty-four percent of Americans are concerned that the Health Security Act will cause employers to eliminate jobs, and seventy-three percent of Americans believe the plan would be injurious to small business; and
Whereas, the Council of Economic Advisors has acknowledged that six hundred thousand jobs could be lost under the President's plan; the small business subsidy plan is in and of itself an acknowledgement of the burden that would be placed on small firms by employer mandates; and
Whereas, a one thousand member survey of the American Economics Association in June, 1993, indicated that eighty percent of the economists interviewed projected a decrease in employment among all employees as the result of requiring employers to provide health care benefits to low-wage employees; and
Whereas, another study conducted by the Employment Policies Institute in March, 1994, concluded that requiring employers to pay for workers' health care insurance expenses would increase labor costs, leading to the loss of 2.1 million jobs; and
Whereas, a Consad Research Corporation study found that three leading health care reform plans requiring employer mandates would affect 7.5 million to 18 million jobs in terms of reduced wages, reduction of other benefits, and potential cuts in hours worked; job loss estimates ranged from four hundred thousand to over one million. Now, therefore,
Be it resolved by the House of Representatives:
That this body memorializes the President of the United States and the Congress of the United States to refrain from including employer mandates as part of any health care reform legislation.
Be it further resolved, that it is the sense of the House of Representatives that any federal health care reform enacted into law shall:
(1) preserve the right of all Americans to choose to maintain their existing health insurance policy;
(2) preserve the right of all Americans to choose their own doctors and medical service providers;
(3) preserve the right of all Americans to finance their choice of doctors and medical service providers through private health insurance by making participation in an alliance, cooperative, collective, or any other purchasing entity strictly voluntary; and
(4) guarantee nondiscriminatory tax treatment for the purchase of private health insurance no different than the tax treatment which might be provided to those who purchase health insurance through a government-controlled alliance, cooperative, collective, or any other arrangement.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.
Rep. TOWNSEND moved to adjourn debate upon the Concurrent Resolution, which was adopted.
The following Concurrent Resolution was taken up.
S. 1414 -- Senators Passailaigue, McConnell, Richter, Greg Smith, McGill, Ford, Rose and Washington: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO APPROVE H. R. 4311 WHICH WOULD DELAY THE 1995 MILITARY BASE CLOSURES UNTIL 1997 AND TO URGE THE FEDERAL GOVERNMENT TO DIRECT REMEDIAL EFFORTS TO THE COMMUNITIES NOW STRUGGLING TO RECOVER FROM BASE CLOSURES IN 1988, 1991, AND 1993.
Whereas, the cost of closing bases in terms of both actual costs and associated direct economic impact on the affected communities is estimated to be over $100 billion and far exceeds the potential savings of an estimated $3 billion; and
Whereas, the negative annual economic impact to Charleston, alone, exceeds $2 billion; and
Whereas, extensive planning and effort is necessary to solve the problems of adjustment which have and will affect the communities that have had the military as their core industrial base; and
Whereas, the existing plan to close bases has not been implemented with sufficient forethought or contemplation of the actual impact; and
Whereas, H. R. 4311, which would delay the 1995 closures, has been introduced in the U.S. House of Representatives by Representative James Hansen (R-Utah) and is co-sponsored by Representative Floyd Spence of our State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the United States Congress and the President of the United States are urged to approve H. R. 4311 and implement remedial actions immediately which would help the communities negatively affected by base closures.
Be it further resolved that a copy of this resolution be forwarded to
the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each of the eight members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 5227 -- Reps. Govan, Inabinett, Neilson, McElveen, Hutson, J. Brown, Wofford, Neal, Shissias and Wells: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONTINUE TO EXAMINE THE FAIRNESS OF THE CHILD SUPPORT GUIDELINES, PARTICULARLY WITH RESPECT TO THE SPECIFIC CATEGORIES WHICH MAKE UP THE CHILD SUPPORT GUIDELINES AMOUNT AND TO REPORT ITS FINDINGS TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE GENERAL COMMITTEE BY NOVEMBER 1, 1994, FOR CONSIDERATION FOR POSSIBLE SUBMITTAL AS PROPOSED REGULATIONS.
Whereas, over eighty-six million dollars in child support obligations were collected by the South Carolina Department of Social Services in 1993; and
Whereas, over one hundred fifty-four million dollars is owed to the children of this State in delinquent child support; and
Whereas, in May 1990, the Department of Social Services promulgated regulations which required that child support guidelines, based on the income shares model, be used by the court as a rebuttable presumption to determine the child support award amount; and
Whereas, federal law requires that these guidelines be reviewed at least every four years to ensure that the guidelines are kept up-to-date and continue to reflect the state's cost of living; and
Whereas, regulations updating the 1990 Guidelines will become effective upon publication in the State Register, May 27, 1994. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly requests the South Carolina Department of Social Services to continue to examine the fairness of the child support guidelines, particularly with respect to the specific categories which make up the child support guidelines amount and to report its findings to the House of Representatives Judiciary Committee and the Senate General Committee by November 1, 1994, for consideration for possible submittal as proposed regulations.
Be it further resolved that a copy of this resolution be published in the next issue of the State Register.
Be it further resolved that a copy of this resolution be forwarded to the Department of Social Services, Office of Child Support Enforcement.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1418 -- Senators Lander, Setzler and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.
Whereas, disability in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, pursue meaningful careers, and enjoy full inclusion in the economic, political, social, cultural, and educational mainstream of American society; and
Whereas, we encourage and support the Disability Coalition of South Carolina and its guiding principles:
People with disabilities share the dignity and worth innate to every human being.
People with disabilities, like all other people, have unique abilities, preferences, needs, desires, goals, and dreams.
People with disabilities have the right to full access and to inclusion in all aspects of the community.
People with disabilities have a right to freedom from abuse, harm, neglect, prejudice, and stigma.
People with disabilities have the right to grow up as part of a family and to act and be responsible on their own behalf, to direct their own future, to represent their own interests, to take responsibility for their own actions and decisions, and to take risks based on their own goals and values.
People with disabilities have the right to accurate and timely information, presented in a manner they can use, in order to have options and make informed choices.
People with disabilities and their families have the right and responsibility to actively participate in the formulation of policies that affect their lives.
People with disabilities and their families have the right to accessible services and supports, customized to their needs, responsive to changing circumstances and provided in their community; and
Whereas, there are more than 300,000 South Carolinians and some 48.9 million Americans who have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; and
Whereas, people with disabilities have the same civil rights as all American citizens. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, hereby commend the establishment of the Disability Coalition of South Carolina and recognize and encourage its role to advocate for individuals with disabilities and their families to assure equality of opportunity, full participation, independent living, and economic self-sufficiency and to further ensure that the State of South Carolina play an ongoing role in enforcing the spirit and standards of the Americans with Disabilities Act in the critical areas of transportation, communication, public accommodations, education, employment, housing, recreation, health services, voting, and access to public services on behalf of individuals with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Sean Smith, Disability Action Center, 3126 Beltline Boulevard, Columbia, South Carolina 29204.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R505, H. 4056 by a vote of 46 to 0.
(R505) H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, UNLESS EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.
Very respectfully,
President
Received as information.
Rep. JENNINGS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Baker Barber Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Cobb-Hunter Corning Cromer Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Worley Young, R.
Those who voted in the negative are:
Cooper
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. JENNINGS, MARTIN and HODGES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 1-23-600(E) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:
"(E) Notwithstanding the other provisions of this section, from July 1, 1993, until February 28, 1994, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."
SECTION 2. Section 1-23-650 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:
"Section 1-23-650. Rules governing the internal administration and operations of the Administration Administrative Law Judge Division shall be:
(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or
(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.
Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B) shall be promulgated by the division. Rules governing procedures before the division, not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code, shall be promulgated by the division and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. Rules governing practice and procedure before the division which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;
shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."
SECTION 3. Section 61-1-10(B) of the 1976 Code, as last amended by Section 1582 of Act 181 of 1993, is further amended to read:
"(B) From July 1, 1993 until February 28, 1994, Notwithstanding the other provisions of law, in cases involving applications protested or administrative violations written before May 1, 1994, the commissioners of the Department of Revenue and Taxation, in consultation with the South Carolina Attorney General, shall appoint attorneys who are qualified to act as alcoholic beverage control hearing officers, by reason of training, education, experience, or knowledge of the law. In order to be considered qualified to act as a hearing officer, a person:
(1) must be licensed to practice law in this State;
(2) must have been licensed to practice law for at least three years;
(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;
(4) must have knowledge of and experience with the laws and regulations governing alcoholic beverages, beer, and wine;
(5) must have trial experience;
(6) must meet other qualifications the department and the Attorney General determines reasonably necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine."
SECTION 4. Section 61-1-55 of the 1976 Code, as added by Section 1582 of Act 181 of 1993, is amended to read:
"Section 61-1-55. For all matters arising under Section 61-1-20 on or after March 1, 1994, the powers, duties and responsibilities of the hearing officer enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50 shall be assumed by the Administrative Law Judge Division under the provisions of Chapter 23 of Title 1 of the 1976 Code. Notwithstanding any other provisions of law, cases initiated under Section 61-1-20 before May 1, 1994, to which an administrative law judge would be assigned shall be heard by a hearing officer with the powers, duties, and responsibilities as enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of Chapter 23 of Title 1. Effective March May 1, 1994, the provisions of Section Sections 61-1-10(A)(4), 61-1-10(B), (C), and (D), 61-1-20, 61-1-25, 61-1-30, 61-1-40 and 61-1-50 are repealed."
SECTION 5. Section 1-23-600(B) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:
"(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act. , those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administration Law Judge Division."
SECTION 6. Section 1-23-640 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:
"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's offices, or at suitable locations outside the City of Columbia as determined by the chief judge."
SECTION 7. Section 8-11-260(d) of the 1976 Code is amended to read:
"(d) all judges within the unified court system, all officers and employees of the judicial department, and all employees of the Commission on Prosecution Coordination, and all judges, officers, and employees of the Administrative Law Judge Division;"
SECTION 8. Section 8-17-370(4) of the 1976 Code is amended to read:
"(4) Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the Commission on Prosecution Coordination, and the judges, officers, and employees of the Administrative Law Judge Division;"
SECTION 9. Section 1-23-500 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-500. (A) There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the division shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the State state employees retirement system.
(B) The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/James H. Hodges /s/H. Samuel Stilwell /s/Douglas Jennings, Jr. /s/McKinley Washington, Jr. /s/L. Morgan Martin On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. McTEER moved that the House recur to the Morning Hour, which was agreed to.
The Senate returned to the House with amendments the following:
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.
The Senate amendments were agreed to, and the Bill, 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.
The Senate returned to the House with amendments the following:
H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.
The Senate amendments were agreed to, and the Bill, 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.
Rep. G. BROWN moved to waive Rule 6.1, which was agreed to.
The following was received.
Columbia, S.C., June 2, 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. 4473:
H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HOLT and the Charleston Delegation made a statement relative to Rep. JAMES J. "JIMMY" BAILEY'S service in the House.
Rep. JIMMY BAILEY made a statement relative to his service in the House of Representatives.
Rep. WHIPPER and the Charleston Delegation made a statement relative to Rep. ROBERT A. BARBER, JR.'S service in the House.
Rep. ROBERT BARBER made a statement relative to his service in the House of Representatives.
Rep. GONZALES and the Charleston and Berkeley Delegations made a statement relative to Rep. ROGER M. YOUNG'S service in the House.
Rep. ROGER YOUNG made a statement relative to his service in the House of Representatives.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 967:
S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.
Very respectfully,
President
The Bill was returned to the Senate upon their request.
The Senate returned to the House with amendments the following:
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
The Senate amendments were agreed to, and the Bill, 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.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4820:
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4821:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4822:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
Received as information.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Rep. J. WILDER moved to instruct the conferees to include a statement that the Barnwell Low-level Waste Site be kept open to waste outside the compact until December 31, 1995, and the funds be used for the renovation of the State House and any remaining funds to be used for school buses and he requested a voice vote on the motion.
Rep. CROMER raised the Point of Order that the motion was out of order as there had already been a ruling on whether the statement could be placed in the budget report.
The SPEAKER stated that SPEAKER Pro Tempore WILKINS had ruled a similar motion to instruct the conferees out of order and he sustained the Point of Order.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stille Stoddard Stuart Sturkie Thomas Townsend Trotter Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Worley
Those who voted in the negative are:
Allison Baker Cato Clyborne Cooper Davenport Graham Haskins Huff Jaskwhich Littlejohn Meacham Robinson Simrill Smith, D. Stone Vaughn Walker Wells Wilder, J. Young, A. Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I voted against granting Free Conference powers on the Appropriations Bills (H. 4820, H. 4821 and H. 4822) due to the fact the report of Conference contains several items which I cannot support due to their fiscally irresponsible effect, as follows:
1. The reports contain nearly $36,000,000 in projected surplus funds which are not certified by the Board of Economic Advisors.
2. The reports contain no provision to purchase school buses with cash revenues from out of compact waste disposal as passed by the Senate.
3. The reports contain a pay raise for members of the General Assembly in the amount of "In District Expense" compensation, which impacts not only pay, but retirement benefits of members.
4. The General Assembly continues to refuse to impose a policy of "zero-based" budgeting on state agencies, and without that requirement the budget is continuing to grow at a rate which far surpasses the cost of living and is out of control.
Rep. TERRY E. HASKINS
Rep. LEWIS R. VAUGHN
Rep. McMAHAND moved that the House recede until 3:00 P.M., which was adopted.
At 3:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Corning Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, P. Harrison Harwell Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stille Stoddard Trotter Tucker Waites Waldrop Walker White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Wright Young, R.
Those who voted in the negative are:
Allison Cooper Davenport Fair Graham Haskins Stone Townsend Vaughn Wells
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1992-93 general fund surplus revenues, there is appropriated from the general fund of the State:
(1) $30,000,000 for the payment of valid state individual income tax refunds due taxpayers pursuant to the agreement settling Bass, et al. v. South Carolina and Perri, et al. v. South Carolina, as such refund claims are determined by the South Carolina Department of Revenue and Taxation under the terms of that agreement.
(2) $2,716,158 to the Division of General Services, State Budget and Control Board, for the State House renovations project.
(3) $2,000,000 to the Department of Corrections for personnel and training costs associated with opening new prisons.
SECTION 2. Section 12-47-447 of the 1976 Code is repealed.
SECTION 3. (A) Section 12-47-440 of the 1976 Code is amended to read:
"Section 12-47-440. Notwithstanding any other provisions of this Title law, whenever if it shall appear appears to any a taxpayer person that any license fee or tax or fee administered by the department imposed under this Title has been erroneously, improperly, or illegally assessed, collected, or otherwise paid over to the Commission department, the taxpayer person, by whom or on whose behalf the license fee or tax or fee was paid, may make application apply to the Commission department to abate or refund in whole or in part such the license fee or tax or fee. Should If the Commission department, after having given such taxpayer the person a reasonable opportunity to be heard, decline declines to make such the abatement or refund, the taxpayer person may, within thirty days of the date of receipt of notice of the Commission's department's action declining the abatement or refund, bring an action against the Commission department for recovery of the license fee or tax or fee. The provisions of this section shall apply whether or not the license fee or tax or fee in question was paid under protest, but shall are only be available where the application provided for here is made in writing to the Commission department within a period of three years from the date the license fee or tax or fee was due to have been paid, without regard to extensions of time for payment, or if a later date would result, within one year of payment where an additional license fee or tax or fee is assessed and paid. Such The action shall must be brought in the court of common pleas for Richland County except that a resident of this State may elect to bring said the action in the court of common pleas for the county of his residence. A taxpayer or licensee who brings an action provided for in Sections 12-47-210 and 12-47-220 shall be is considered as having elected his remedy and is denied the benefits of this section."
(B) This section takes effect upon approval of this act by the Governor and applies to tax periods beginning in 1990 and thereafter and to tax periods beginning before 1990 only if the claim for refund is one that is under review by the Department of Revenue and Taxation on the effective date of this act and is not a claim for refund arising under or based upon Davis v. Michigan.
SECTION 4. (A) In recognition of the substantial legal issues and uncertain financial liability that confronted the State of South Carolina in Bass v. State of South Carolina and Perri v. State of South Carolina, the General Assembly finds the proposed settlement reached in those cases to be fair and reasonable. By this act, the General Assembly ratifies and approves the terms agreed to in the settlement and pledges the financial resources of the State to implement the terms and conditions of the settlement as approved by the circuit court.
(B) (1) A timely filed claim for refund for any tax year rendering the taxpayer eligible for a refund under the settlement agreement is deemed a timely filed claim for refund for all taxable years to which the settlement agreement applies, except that any additional refunds due a taxpayer as a result of this item for those years for which a claim was not filed must be paid as provided in item (4). No further action is required for any such taxpayer to receive the refund allowed by this item for those years. All protests filed pursuant to the settlement agreement on the issue of which taxable years were included in the taxpayer's claim for refund are extinguished on the effective date of this section.
(2) A taxpayer who failed to timely file a claim for refund for any year as provided in the settlement agreement is nevertheless eligible for a refund if the taxpayer files a claim for refund with the Department of Revenue and Taxation within the extension period. The refund due a taxpayer under this item must be paid as provided in item (4). One claim for refund is sufficient for all applicable years.
(3) The Department of Revenue and Taxation shall place a notice in newspapers of general circulation in this State notifying taxpayers of the provisions of this subsection with special emphasis on the provisions of item (2) and the duration of the extension period. The department shall also provide written notification to each county veterans' affairs offices.
(4) Refunds payable under this subsection must be calculated in the manner provided by law but without interest and must be paid in two equal installments in October, 1995, and October, 1996. After any constitutional requirements are met, the amounts required for these refunds must be the first priority item in appropriations from the Capital Reserve Fund for fiscal years 1994-95 and 1995-96.
(5) The ability to file claim for refunds under this subsection or the extension of claims filed for one year to other years as provided in this subsection is a privilege granted taxpayers as a matter of fairness by the General Assembly and as such normal rules and laws of procedure do not apply in these cases. Therefore, the determination of the validity of any claim for refund filed or deemed to be filed pursuant to this subsection is solely within the jurisdiction of the Department of Revenue and Taxation and its determination is final and not subject to additional administrative or judicial review. A taxpayer who files a claim for refund or who is deemed to have filed a claim for refund under this subsection is ineligible to pursue that claim for refund under any other provision of law.
(6) As used in this subsection:
(a) "Extension period" is the period beginning April 16, 1992, and ending on the fortieth day after the effective date of this section.
(b) "Claim for refund" for purposes of item (2) is a written communication filed by a taxpayer with the Department of Revenue and Taxation received or bearing a postmark during the extension period which contains information sufficient for the department to identify the taxpayer and determine the validity of the claim. Any claim for refund is deemed to be for taxable years 1985, 1986, 1987, and 1988 to the extent the taxpayer received federal pension income in those years.
(c) "Taxpayer" means an individual who filed South Carolina individual income tax returns in any of the years 1985, 1986, 1987, or 1988 whose South Carolina taxable income included federal pension income. In the case of a deceased taxpayer, the surviving spouse, heirs, or personal representative of the deceased taxpayer entitled to receive the refund allowed by this subsection may file the appropriate claim for refund on behalf of the deceased taxpayer. For purposes of paying refunds in the case of a testate deceased taxpayer, such refunds must be paid to the deceased taxpayer's personal representative. Refunds due an intestate deceased taxpayer under the provisions of this subsection must be paid as provided in subsection (D).
(d) "Refund" means a payment made pursuant to item (4).
(e) "Settlement agreement" means the agreement settling the claims arising under the Bass and Perri cases approved by the court on March 2, 1994.
(C) (1) Notwithstanding the provisions of Section 12-7-2250 of the 1976 Code and Title 62 of the 1976 Code, amounts payable to intestate federal retirees due under the settlement agreement in Bass v. South Carolina and Perri v. South Carolina must be paid pursuant to the terms of the settlement so that the amount owed any intestate deceased federal retiree under the settlement is paid to the deceased retiree's surviving spouse, or if there is no surviving spouse, to the then living children of the retiree in equal shares and if there are no children, to the general fund of the State. This refund by the State, directly to the surviving spouse or then living children operates as a complete acquittal and discharge to the State of liability from any suit, claim, or demand of any nature by any heir, distributee, creditor of the decedent, or any other person. An heir or beneficiary of the intestate deceased retiree who does not receive any portion of the refund hereunder has no claim against any other heir or beneficiary who does receive a portion or all of the refund hereunder.
(2) To conform with the settlement agreement and notwithstanding the provisions of Section 12-7-2260 of the 1976 Code, if checks issued to any federal retirees under the agreement are returned to the Department of Revenue and Taxation as undeliverable, the department shall supply to class counsel for the federal retirees a list of those federal retirees for whom checks are undelivered, with class counsel having one year from the date of the check to deliver the check to the retiree, surviving spouse, or living children, and upon failure to deliver, the funds represented by the checks must be paid to the general fund of the State with the state's liability extinguished from any future suit, claim, or demand by the retiree, the retiree's surviving spouse, children, or estate. The actions of any party taken pursuant to the authority contained in this subsection are not considered in violation of Sections 12-7-1680 or 12-54-240(A) of the 1976 Code.
(D) Refunds paid pursuant to subsection (B) on behalf of an intestate deceased taxpayer must be paid as provided in subsection (C) and are subject to the terms and conditions provided in subsection (C) except that the refund amounts are as calculated under subsection (B)(4) and the Department of Revenue and Taxation shall perform the functions assigned to class counsel in subsection (C).
SECTION 5. The appropriations authorized in this act for fiscal year 1993-94 are authorized to be carried forward and expended for the same purposes in fiscal year 1994-95.
SECTION 6. The borrowing authority and limitation of thirty-five million dollars set forth in Section 1-1-1020 of the 1976 Code, as amended, is increased to thirty-five million five hundred thousand dollars beginning on the effective date of this section and ending December 31, 1995. The five hundred thousand dollar increase in borrowing authority is to be used exclusively for initiating the State House Renovation Project which shall include, but not be limited to, payment of architectural and engineering fees and the costs associated with the transition of State House occupants to, location of, and renovation of an alternate location. All funds borrowed under this authorization must be repaid, with interest, in a lump-sum payment as soon as monies are made available through a regular or supplemental appropriation authorization.
SECTION 7. In the case of a statewide public official appointed by the Governor with the advice and consent of the Senate whose term expired in June, 1992, and who continues to serve on a holdover basis on the effective date of this act, the time to make the irrevocable retirement incentive election authorized pursuant to Section 17P.6, Part I, Act 164 of 1993 is extended for a period ending June 30, 1994, if the agency with which the official is associated agrees to the extension. All other requirements of Section 17P.6, Part I, Act 164 of 1993 apply with respect to the eligibility of such an official for the retirement incentive.
SECTION 8. In the case of an employee retiring by July 1, 1994, as a result of the need to deal with a severe family hardship arising after November 1, 1993, the time to make the irrevocable retirement incentive election authorized pursuant to Section 17P.6, Part I, Act 164 of 1993 is extended for a period ending June 30, 1994, but this extension applies only if the employee's agency head approves the extension and determines that such a hardship has arisen.
SECTION 9. Act 164 of 1993, the general appropriations act for fiscal year 1993-94, is amended by deleting paragraph 3.54 of Part I.
SECTION 10. Except where otherwise stated, this act takes effect upon approval by the Governor./
Amend title to read:
/TO APPROPRIATE FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND ALLOW THESE APPROPRIATIONS TO BE CARRIED FORWARD AND EXPENDED FOR THE SAME PURPOSE IN FISCAL YEAR 1994-95; TO AMEND SECTION 12-47-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ABATEMENTS OR REFUNDS FROM THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THESE REFUND PROVISIONS APPLY TO ANY TAX OR FEE ADMINISTERED BY THE DEPARTMENT, TO RATIFY THE TERMS OF THE SETTLEMENT OF THE BASS AND PERRI CASES, TO PROVIDE FOR STATE INDIVIDUAL INCOME TAX REFUNDS FOR CERTAIN FEDERAL RETIREES TO BE PAID IN TWO EQUAL INSTALLMENTS IN 1995 AND 1996 AND PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE REFUNDS MUST BE CLAIMED AND PAID, TO PROVIDE FOR THE PAYMENT OF REFUNDS PAID TO INTESTATE DECEDENTS PURSUANT TO THE SETTLEMENT AGREEMENT AND THIS ACT, TO INCREASE TEMPORARILY THE BORROWING AUTHORITY FROM THE INCOME RESERVE FUND UNDER THE INSTALLMENT PURCHASE PROGRAM FOR INITIATING THE STATE HOUSE RENOVATION PROJECT, TO EXTEND THE RETIREMENT INCENTIVE ELECTION PERIOD IN THE CASE OF CERTAIN APPOINTED STATEWIDE OFFICIALS AND IN CERTAIN HARDSHIP CASES; TO AMEND ACT 164 OF 1993, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1993-94, BY DELETING PARAGRAPH 3.54 OF PART I, SO AS TO ELIMINATE THE TRANSFER OF LEGISLATIVE BRANCH CARRIED FORWARD APPROPRIATIONS TO THE GENERAL FUND OF THE STATE; AND TO REPEAL SECTION 12-47-447 OF THE 1976 CODE, RELATING TO PAYMENT OF TAX REFUNDS./
/s/Senator John Drummond /s/Rep. William D. Boan /s/Senator J. Verne Smith /s/Rep. Harry M. Hallman, Jr. /s/Senator Phil P. Leventis /s/Rep. Gilda Cobb-Hunter On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. ROGERS and the Richland Delegation made a statement relative to Rep. ROLAND S. CORNING'S service in the House.
Rep. ROLAND CORNING made a statement relative to his service in the House of Representatives.
Rep. CARNELL recognized Rep. ALMA BYRD for her numerous contributions to her community.
Rep. ALMA BYRD expressed her appreciation for the special recognition bestowed to her.
Reps. RHOAD, WILKINS and HODGES made a statement relative to Rep. JOSEPH B. WILDER'S service in the House.
Rep. JOE WILDER made a statement relative to his service in the House of Representatives.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1993-94 the following amounts:
(1) Bass and Perri Lawsuit Settlement $48,000,000
(2) Catawba Indian Settlement 2,500,000
(3) 1994 General Election Expenses 1,200,000
(4) Department of Education
Textbooks and Instructional Materials 12,000,000
(5) Department of Education
Teacher Fringe Benefits-
Hold Harmless 3,131,734
__________
Total Capital Reserve Fund Appropriation $66,831,734
SECTION 2. This joint resolution takes effect thirty days after the completion of the 1993-94 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend title to conform.
/s/Senator John Drummond /s/Rep. William D. Boan /s/Senator J. Verne Smith /s/Rep. Harry M. Hallman, Jr. /s/Senator Phil P. Leventis /s/Rep. Gilda Cobb-Hunter On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. At the end of fiscal year 1993-94, the Comptroller General shall determine the amount of available surplus. No appropriation may be paid pursuant to this joint resolution until the Comptroller General funds agency general fund operating deficits recognized by the State Budget and Control Board.
SECTION 2. Subject to the provisions of Section 1 and to the extent that fiscal year 1993-94 surplus revenues are available, the following sums are appropriated from the general fund of the State:
(1) General Reserve Fund Transfer $ 9,930,206
(2) Aid to Subdivisions-Treasurer
Local Government Fund 14,895,301
(3) Aid to Subdivisions-Comptroller
Homestead Exemption 5,800,065
(4) B & C Bd-Employee Benefits
Higher Education Other Funds Pay Increase 8,248,122
(5) State House Renovations 500,000
(6) Commission on Higher Education
Higher Education Formula 37,300,000
Any formula funds for higher education appropriated in excess of the Fiscal Year 1993-94 total state appropriation must be allocated to the institutions of higher education for the funding of the formula for in-state students only.
(7) Department of Health & Human Services
Medicaid Program 6,445,193
(8) Department of Health & Human Services
Emotionally Disturbed Children's Fund 12,000,000
(9) Department of Social Services
Child Support Computer 4,182,000
(10) Department of Corrections 7,793,784
(11) Probation, Parole and Pardon Services 2,395,716
(12) Department of Juvenile Justice 1,820,500
(13) Department of Forestry
Fire Control Equipment 4,600,000
(14) Commission on Higher Education
SCAMP 600,000
(15) B & C Bd.-Employee Benefits
State Employee Adoption Assistance 500,000
The Division of Budget and Analyses in conjunction with the Governor's Office shall develop a plan establishing rules and guidelines for the implementation of the State Employee Adoption Assistance Program. The plan must include the maintenance of a fund to provide financial assistance to state employees who are adoptive parents of special needs children and other children. The plan must be submitted to the State Budget and Control Board for approval and implementation in Fiscal Year 1994-95.
For each special needs child adoption, the financial assistance shall consist of providing up to $10,000 in direct costs related to the adoption. A special needs child is as defined in Section 20-7-1650(j) of the 1976 Code. These direct costs may include, but not be limited to, medical costs of the biological mother relating to the birth of the adoptive child, medical costs of the child, or legal fees.
For any other child adoption, the financial assistance shall consist of providing up to $5,000 in direct costs related to the adoption. These direct costs may include, but not be limited to, medical costs of the biological mother relating to the birth of the adoptive child, medical costs of the child, or legal fees.
Funds should be payable directly to the provider of services upon providing proof of the cost of the service.
(16) Governor's Office OEPP
Com. Dev. Blk. Grt. Match 250,000
(17) S. C. State School of Engineering 250,000
(18) University of Charleston
Center for Entrepreneurship 1,000,000
(19) State Bd. for Vocational & Technical Education
Denmark Tec Equipment and Repairs 305,500
(20) Archives and History
Mold Treatment 300,000
(21) Commission on Higher Education
Matching Funds-EPSCOR 2,000,000
The appropriations contained in this section are ranked in order of priority and each appropriation, beginning with item (1) must be fully funded from the available surplus revenues before the next appropriation is funded.
SECTION 3. Subject to the provisions of Section 3 of this joint resolution, fiscal year 1993-94 surplus revenues remaining after the appropriations in Section 2 of this joint resolution are appropriated as follows:
(1) State Board for Vocational & Technical Education
Special Schools $1,678,266
(2) Budget & Control Board Local Government
Infrastructure and Local Government Funds 4,725,000
Of the funds appropriated in this item, $4,300,000 is provided for the Infrastructure Grant Revolving Fund to be used only as grants for infrastructure projects in economically distressed areas as provided for in Section 41-43-180 of the 1976 Code.
(3) Commission on Higher Education
Access and Equity 100,000
(4) Clemson PSA
Garrison Livestock Arena 1,900,000
(5) Higher Education Tuition Grants
Grant 1,000,000
(6) Judicial Department
Automation 1,400,000
(7) South Carolina Research Authority
Grant 2,000,000
The $2,000,000 grant provided for the South Carolina Research Authority must be used to assist in the purchase and related land development cost for approximately 350 acres of land near an intersection with an interstate highway. This appropriation is specifically contingent upon the receipt of a binding commitment no later than March 31, 1995, from a company which will invest no less than $150,000,000 in the construction of a manufacturing and/or research facility on approximately one-third of the property. If the $2,000,000 grant is not needed for this special project, the funds must be returned to the general fund of the State.
(8) Vocational Rehabilitation
Shortfall Avoidance 850,000
(9) Vocational Rehabilitation
Case Services 100,000
(10) Department of Natural Resources
a. Law Enforcement 100,000
b. Marine Resources Chillers 200,000
c. Equipment/Research and Development 250,000
d. Aquatic Weed Program 150,000
e. Law Enforcement Equipment 500,000
(11) Department of Commerce
Airport Improvements 600,000
(12) CHEC-Coastal Council
Edisto Beach Renourishment Project 1,000,000
The funds allocated for the Edisto Beach Renourishment Project must be matched by the Town of Edisto Beach in the amount of $500,000. Local funds expended by the Town of Edisto Beach on the Edisto Beach Renourishment Project after December 31, 1993, must be used in calculating the local match of $500,000.
(13) Department of Health & Human Services
Nursing Home Cost Reports 4,000,000
(14) Department of Labor, Licensing and Regulations
Fire Academy Operating Expenses 86,653
(15) Legislative Council
Code Supplement 238,123
(16) Governor's Office
Transition Costs 50,000
(17) Governor's Office Division on Aging
Alzheimer's Resource Coordination Center 100,000
Of the funds appropriated in this item for the Alzheimer's Resource Coordination Center, the Division of Aging shall use a portion of the funds to provide grants of up to $10,000 each to local communities to assist persons who have Alzheimer's Disease and their families, to include respite care. The local community is required to provide cash or in-kind match in an amount equal to the amount of funds received.
(18) Adjutant General
Maintenance 209,000
(19) Election Commission
Automated Voting 700,000
The first priority use of funds designated for automated voting systems is to aid counties presently using paper ballots in purchasing automated count voting systems. The state may reimburse up to 70 percent of the cost of these systems. These counties are Abbeville, Calhoun, Dillon, Lee, McCormick, Richland, Marlboro, and Williamsburg. The second priority use of these funds is to repay up to 70 percent of cost incurred by counties that have previously purchased an automated count voting system to replace paper ballots. These counties include Charleston, Chesterfield, Clarendon, Darlington, Horry, Lancaster, Laurens, Saluda, and Union.
(20) Budget & Control Board
Office of Executive Director
Accounting System Analysis 200,000
The General Assembly authorizes the Executive Director of the State Budget and Control Board to establish a team, the majority of whom will be trained in Total Quality Management principles, to conduct a system analysis of state government accounting processes and procedures. The team may include outside consultants with expertise in process analysis and redesign. The goal of this analysis is to reduce monetary and personnel resources devoted to state government accounting functions, improve accountability over the state's assets, and provide policy makers and agency program managers with better financial information with which to make decisions. The study should include at a minimum the following: (1) analysis of the current structure and processes for state government accounting and assessment of the adequacy of current system output; (2) recommendations to streamline state government accounting processes and improve system output; (3) cost estimate to implement streamlining and automation of accounting processes; and (4) estimate of recurring cost savings to be achieved from streamlining accounting processes. The Executive Director of the State Budget and Control Board shall make recommendations based on this study to the Senate Finance and Ways and Means Committees by May 31, 1995.
(21) Budget & Control Board
Office of Executive Director
Public Service Partnership 100,000
From the funds appropriated in this item, the State Budget and Control Board and the Commission on Higher Education shall ensure that state agencies and higher education institutions participate to the maximum extent possible in the Public Service Partnership Programs coordinated by the Institute for Public Affairs at the University of South Carolina. The Institute for Public Affairs at USC shall submit a report detailing expenditures, activities, and results to the Senate Finance and Education committees, the House Ways and Means and Education committees, and the CHE by January 1, 1995.
(22) Budget & Control Board
Office of Human Resources
Agency Head Salary Study 65,000
(23) Wil Lou Gray Opportunity School
Heating & AC 45,000
(24) State Library
Computer Upgrade 50,000
(25) Department of Health & Human Services
Managed Care Waiver 2,000,000
(26) Department of Health & Human Services
Other Medicaid Services 445,000
Of the funds allocated for Other Medicaid Services, the department shall expend $445,000 to provide additional reimbursement to the Federally Qualified Health Centers in excess of the Medicare Rural Health Clinic rate cap.
(27) Department of Health & Human Services
Nursing Home 746,316
The funds allocated for nursing homes in the amount of $746,316 must be used to provide an additional 100 nursing home beds for Fiscal Year 1994-95. Pursuant to this funding, DHEC is authorized to issue an additional 36,500 Medicaid Nursing home permit days over the number permitted in Proviso 30.24 of the fiscal year 1994-95 general appropriations act.
(28) DHEC-Coastal Council
Grand Strand Renourishment Project 4,250,000
The funds allocated for the Grand Strand Renourishment Project cannot be expended until the U. S. Army Corps of Engineers certifies to the department that the federal funds for the Grand Strand Renourishment Project have been appropriated and are available for expenditure.
(29) DHEC-Coastal Council
Developer's Handbook 20,000
(30) DHEC-Coastal Council
Coastal Zone Management Plan 25,000
(31) Department of Social Services
Welfare Reform Pilot Project 2,000,000
These funds must be used to implement, upon federal approval, the Self-Sufficiency Pilot Program as recommended by the January 14, 1994, Final Report of the Welfare Reform Task Force. The Department of Social Services shall submit quarterly progress reports to the appropriate subcommittees of the Ways and Means Committee and Senate Finance Committee on the implementation of the pilot. These reports will be used to monitor and evaluate the effectiveness of the pilot and to assess and recommend statewide program changes, if any, to further self-sufficiency efforts.
(32) John de la Howe
Sewer Repairs 425,000
(33) Dept. of Agriculture
Lab Equipment 25,000
(34) Department of Parks, Recreation & Tourism
Horry County Air Show 25,000
(35) Department of Social Services
Child Support Initiative 700,000
(36) Department of Parks, Recreation & Tourism
Ron McNair Memorial 50,000
(37) Old Exchange Building
Maintenance costs 15,000
It is the intent of the General Assembly that funds allocated for the Old Exchange Building are to be used by the commission for maintenance and minor repair costs only.
(38) Department of Parks, Recreation & Tourism
U.S. Youth Games 50,000
(39) Department of Juvenile Justice
Institutional Security 500,000
(40) University of Charleston
Center of Entrepreneurship 300,000
(41) Adjutant General
Armory Maintenance 200,000
(42) Department of Commerce
Georgetown Airport 600,000
(43) Department of Education
(a) Strom Thurmond Institute 40,000
(b) Tugaloo Environmental Education 150,000
The appropriations contained in this section are ranked in order of priority and each appropriation, beginning with item (1) must be fully funded from the available surplus revenues before the next appropriation is funded.
SECTION 4. This joint resolution takes effect upon approval by the Governor, but no appropriation may be paid pursuant to this joint resolution until after the Comptroller General closes the books on fiscal year 1993-94./
Amend title to conform.
/s/Senator John Drummond /s/Rep. William D. Boan /s/Senator J. Verne Smith /s/Rep. Harry M. Hallman, Jr. /s/Senator Phil P. Leventis /s/Rep. Gilda Cobb-Hunter On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Renumber sections to conform.
Amend title to conform.
Make all necessary technical corrections.
/s/Senator John Drummond /s/Rep. William D. Boan /s/Senator J. Verne Smith /s/Rep. Harry M. Hallman, Jr. /s/Senator Phil P. Leventis /s/Rep. Gilda Cobb-Hunter On Part of the Senate. On Part of the House.
Rep. BOAN moved to waive Rule 5.14, which was agreed to by a division vote of 82 to 2.
The question then recurred to the adoption of the Free Conference Report.
Rep. R. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cobb-Hunter Cromer Delleney Farr Felder Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Lanford Law Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Neal Neilson Phillips Richardson Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Worley
Those who voted in the negative are:
Alexander, T.C. Allison Baker Cato Chamblee Cooper Corning Davenport Fair Fulmer Gamble Gonzales Graham Harrison Haskins Huff Hutson Keegan Kelley Kirsh Klauber Koon Littlejohn Marchbanks Meacham Quinn Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Wilkins Wofford Wright Young, A. Young, R.
Kinon (Present) Aye
Clyborne (Absent) Nay
So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 5237 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Carnell, Hodges, Mattos, McTeer, Neilson, Phillips, Rhoad, Waldrop and Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1994, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, AND 10, 1994, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS, AND TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO MEET FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 8, 1994, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 10, 1994, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON MONDAY, JUNE 13, 1994, TO CONTINUE IN SESSION AS NECESSARY UNTIL FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., FOR CERTAIN PURPOSES; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON FRIDAY, JUNE 24, 1994, FOR THE EXCLUSIVE PURPOSE OF CONSIDERING GUBERNATORIAL VETOES AND SHALL CONTINUE IN SESSION THEREAFTER AS NECESSARY FOR THIS PURPOSE TO ADJOURN SINE DIE NO LATER THAN 5:00 P.M. ON TUESDAY, JUNE 28, 1994.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 2, 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. 3907:
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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. 3385:
H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments withdrawn and concurred in the House amendments proposed by the House to H. 967:
S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Washington of the Committee of Free Conference on the part of the Senate on H. 4794 and granted Free Conference powers:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4794:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
Very respectfully,
President
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.
Rep. FELDER explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The Senate returned to the House with amendments the following:
H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A BILL TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO INCREASE THE TERM OF IMPRISONMENT.
The Senate amendments were agreed to, and the Bill, 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.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Free Conference on the part of the Senate on H. 4691 and granted Free Conference powers:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4691:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.
The Senate amendments were agreed to, and the Bill, 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.
On motion of Rep. FELDER the House non-concurred in the Senate amendments, and a message was ordered sent to the Senate accordingly.
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.
Rep. HOUCK moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 4872, and requests that proper notation be recorded on the Bill.
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
Very respectfully,
President
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
Rep. HOUCK moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 4873, and requests that proper notation be recorded on the Bill.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
Very respectfully,
President
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.
The Senate amendments were agreed to, and the Bill, 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.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 16-1-20(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION 2. Section 16-1-57 of the 1976 Code, as added by Act 184 of 1993, is amended to read:
"Section 16-1-57. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, for such violation involving the value of property in an equal or greater amount, be fined, imprisoned, or both based upon the classification above the punishment provided for the principal offense be punished as prescribed for a Class E felony."
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.
(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."
SECTION 4. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not more than twenty years."
SECTION 5. Section 16-13-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-10. (A) It is unlawful for a person to:
(1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;
(2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;
(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or
(4) willingly act or assist in any of the premises, with an intention to defraud any person.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the forgery is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. but more than one thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 6. Section 16-13-210 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-210. It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of the embezzlement, and imprisoned not more than ten years if the amount of the embezzled funds is five thousand dollars or more;
(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement, and imprisoned not more than five years if the amount of the embezzled funds is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled."
SECTION 7. Section 16-13-385 of the 1976 Code, as last amended by Section 176, Act 184 of 1993, is further amended to read:
"Section 16-13-385. (A) It is unlawful for a an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.
A meter found in a condition which would cause electricity, gas, or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas, or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas, or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas, or water was diverted caused the electricity, gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.
(B) A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than one five hundred dollars or imprisoned not more than thirty days. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both."
SECTION 8. Section 16-13-425 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-425. A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:
(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny;
(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less more than five years, or both, if the dollar amount of the video or cassette tape lease or rental agreement is more than one thousand dollars but less than five thousand dollars;
(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more."
SECTION 9. Section 16-14-20 of the 1976 Code is amended to read:
"Section 16-14-20. (a) A person is guilty of financial transaction card theft when he:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;
(3) He, is not being the issuer, and sells a financial transaction card or buys a financial transaction card from a person other than the issuer;
(4) He, is not being the issuer, and during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.
(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.
Conviction of A person who commits financial transaction card theft is punishable as provided in Section 16-14-100(b) guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(b)."
SECTION 10. Section 16-14-40(e) of the 1976 Code, as added by Act 184 of 1993, is amended to read:
"(e) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."
SECTION 11. Section 16-14-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Sections 16-14-20 or 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder that he has permission to use it;
b. presenting the financial transaction card without the authorization or permission of the cardholder;
c. representing that he is the holder of a card and the card has not in fact been issued;
d. using a financial transaction card to knowingly and wilfully exceed:
(i) the actual balance of a demand deposit account or time deposit account;
(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice, is prima facie evidence of an intent to defraud;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document not his lawful or legal property;
(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than three five years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.
(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provision provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.
(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a misdemeanor, felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.
(2) A person without the acquirer's express authorization, employs, or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."
SECTION 12. Section 16-14-70 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-14-70. (A) A person is guilty of criminal possession of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."
SECTION 13. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."
SECTION 14. Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-90. Notwithstanding any provisions of Chapter 21 of Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse."
SECTION 15. The 1976 Code is amended by adding:
"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.
(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven.
(C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.
(D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.
(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial."
SECTION 16. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1993, until July 1, 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one-year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed."
SECTION 17. The last three paragraphs of Section 44-53-370(e) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:
"Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710. Notwithstanding Section 44-53-420, any a person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."
SECTION 18. Section 44-53-375(D) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."
SECTION 19. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed after the effective date of this act. The provisions of this act apply prospectively to all sentences pronounced on or after the effective date of this act, except where a penalty greater than the one in effect on the date the offense was committed would be required. Notwithstanding the provisions of this section, Section 16-1-60 applies retroactively and prospectively.
SECTION 20. Chapter 25 of Title 2 of the 1976 Code is repealed.
SECTION 21. Section 22-3-545(B)(1) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal a circuit court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the chief administrative circuit court judge and the case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the chief administrative criminal circuit court judge who granted the petition, the trial judge, or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case."
SECTION 22. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-60. (A) Intervention shall be is appropriate only where:
(1) The offender is seventeen years of age or older;
(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
(4)(3) it is apparent that the offender poses no threat to the community;
(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;
(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(7)(6) the offender has no significant history of prior delinquency or criminal activity.;
(8)(7) The the offender has not previously been accepted in a pretrial intervention program.
(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."
SECTION 23. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child, the term 'child' shall mean a person under eighteen years of age."
SECTION 24. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may child shall be transferred or retained in the following instances as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the The provisions of this section shall be are applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto there.
(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which, if committed by an adult, would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less, if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which, if committed by an adult, would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.
(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."
SECTION 25. Section 20-7-770 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the Family Court family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime. This information shall not be disseminated except as authorized in Section 20-7-780. , as defined in Section 16-1-60. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult."
SECTION 26. Section 20-7-780(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
A juvenile charged with committing a nonviolent an offense other than those enumerated above in this subsection or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, 'criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, or except as otherwise provided in this section."
SECTION 27. Section 20-7-3300 of the 1976 Code, as last amended by Act 181, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department, or agency, or school district of state or local government, or a school district, or a private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, and committed to the Department of Juvenile Justice, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 28. Section 23-3-120 of the 1976 Code is amended to read:
"Section 23-3-120. All law-enforcement law enforcement agencies and court officials shall report to the system all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the system through the State Law-Enforcement Law Enforcement Division may require. This information must include criminal data and related information on juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-780."
SECTION 29. Section 24-19-10(d) of the 1976 Code is amended to read:
"(d) 'Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."
SECTION 30. Section 20-7-600(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."
SECTION 31. Section 20-7-600(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of Juvenile Justice officer who took the child into custody determines that placement of a juvenile outside the home is necessary, he the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."
SECTION 32. Section 20-7-600(H) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(H) If the authorized representative of the Department of Juvenile Justice officer who took the child into custody has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within twenty-four forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the Family Court family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a Family Court family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person."
SECTION 33. Section 20-7-2115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2115. The department is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board.
The director and such staff as he shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board.
The director and his staff shall be are subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish such the duties as outlined in this subarticle.
Recognizing the need to maintain autonomy and to provide a check and balance system, the Director of the Department of Juvenile Justice parole board shall employ a deputy director of parole director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The deputy director serves at the will and pleasure of the Director of Department of Juvenile Justice parole board. All staff are employees of the department parole board and are directly responsible to the department parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.
The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."
SECTION 34. Chapter 3 of Title 24 is amended by adding:
"Section 24-3-93. No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of watches not exceeding a value of $35.00 and wedding bands. For the purposes of this section jewelry shall include but is not limited to rings, bracelets, necklaces, earrings, anklets, nose rings and any other ornamentation determined by the Department to constitute jewelry."
SECTION 35. Section 16-1-120 of the 1976 Code is amended by adding:
"Section 16-1-120. (1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt offense which provides for a maximum term of imprisonment of twenty years or more and sentenced to a period of time, has been released from prison, whether on parole or by completion of the sentence, is convicted of another felony offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:
(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.
(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.
(C) if the subsequent offense was committed within one hundred and eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.
(D) if the subsequent offense was committed within two hundred and seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.
(E) if the subsequent offense was committed within three hundred and sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.
(2) when subsection (1) requires an individual to have additional time added to the sentence mandated by a subsequent conviction, if the maximum sentence mandated for the subsequent conviction is less than the additional time mandated by subsection (1), the additional time which must be added to the sentence mandated by the subsequent conviction shall be equal to the maximum sentence provided for the conviction.
(3) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit or similar program, but must be served in full."
SECTION 36. Chapter 3 of Title 24 is amended by adding:
"Section 24-3-81. No prisoner within the state prison system shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department."
SECTION 37. Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-951. Effective July 1, 1995, notwithstanding Sections 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits.
SECTION 38. Section 24-21-10 of the 1976 Code is amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services, hereafter referred to as the "department", is governed by the Director of Probation, Parole and Pardon Services, hereafter referred to as the "director". The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.
(C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is deemed rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is deemed rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists."
SECTION 39. Title 2 of the 1976 Code is amended by adding:
Section 2-48-10. (A) A need exists for careful planning to expand local detention and correctional facilities to enable local governments adequately to incarcerate offenders who are awaiting trial or serving sentences of imprisonment at the local level. At the same time, South Carolina faces a critical need for more prison space to accommodate the projected increase in the inmate population. At a time when the state's prisons are becoming increasingly overcrowded, budgetary resources are becoming more limited and the future availability of capital improvement bonds for more prison construction is uncertain.
(B) To ensure that adequate space is available in state corrections facilities for violent and habitual offenders, a need exists for additional community correctional facilities to enable courts to sentence nonviolent offenders to these less costly community correctional facilities which enable the offenders to make restitution payments and otherwise compensate the community for their crimes and which require participation in programs emphasizing substance abuse, education, and mental health counseling.
(C) The need exists for South Carolina to create a plan from which the State can establish a partnership with local governments to meet the corrections and incarceration needs of local governments and the State by offering less costly facilities for housing state and local inmates in alternative sentencing programs.
Section 2-48-20. (A) The Department of Corrections and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds.
Section 2-48-30. Before construction of a community correctional facility pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections.
Section 2-48-40. The construction of community correctional facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local governmental, or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs.
Section 2-48-50. Community correctional facilities constructed pursuant to this chapter may include:
(1) work camps or other minimum security facilities to house offenders who are assigned under Section 24-13-660 or 24-13-910;
(2) minimum security or nonsecure facilities to house former probationers who have violated the terms or conditions of their probation;
(3) minimum security or nonsecure residential drug treatment facilities to house nonviolent drug offenders who are required to reside in them while receiving outpatient substance abuse treatment and working or attending school;
(4) minimum security or nonsecure facilities to house persons who are required to reside in them while working to make restitution.
Section 2-48-60. Before the construction of a community correctional facility, as authorized pursuant to this chapter, the Department of Corrections shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;
(b) provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections;
(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities.
Section 2-48-70. This chapter does not preempt application of applicable zoning laws or regulations.
Section 2-48-80. Legal custody of state inmates assigned to a community correctional facility is in accordance with Section 24-3-30."
SECTION 40. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.
(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.
(C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."
SECTION 41. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons presenting unacceptably high risks of absconding or committing crime will continue to be held in custody.
(B) The Department of Probation and Community Supervision shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision must include the establishment of a 'point-total' system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."
SECTION 42. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State."
SECTION 43. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina.
(B) The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and provide for reasonable access to and egress from the building to establish and operate a facility.
(C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.
(G) No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.
(H) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and applied as provided under Section 24-3-40."
SECTION 44. The 1976 Code is amended by adding:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5) 'Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
SECTION 45. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1910. There is established one or more Centers for Alcohol and Drug Rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department of Alcohol and Other Drug Abuse Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least 750 beds. The centers established under this section must be fully operational by January 1, 1997.
Section 24-13-1920. The Department of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a Center for Alcohol and Drug Rehabilitation established pursuant to Section 24-13-1910. The Department of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.
Section 24-13-1930. A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a Center for Alcohol and Drug Rehabilitation. The Department of Corrections, on the first day each month, shall present to the general sessions court a report detailing the availability of bed space in the Center for Alcohol and Drug Rehabilitation.
Section 24-13-1940. For the Department of Corrections to establish and maintain a Center for Alcohol and Drug Rehabilitation, its director shall coordinate with the Department of Alcohol & Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the Center for Alcohol and Drug Rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a Center for Alcohol and Drug Rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a Center for Alcohol and Drug Rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a Center for Alcohol and Drug Rehabilitation.
Section 24-13-1950. Upon release from a Center for Alcohol and Drug Rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender."
SECTION 46. Section 24-26-20 of the 1976 Code is amended to read:
"Section 24-26-20. The Commission has the following duties and responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively. (b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) recommend appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(6) before January sixteenth each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan.
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing."
SECTION 47. Section 24-26-30 of the 1976 Code is amended to read:
"Section 24-26-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission."
SECTION 48. Section 24-26-40 of the 1976 Code is amended to read:
"Section 24-26-40. The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities."
SECTION 49. Section 24-26-50 of the 1976 Code is amended to read:
"Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly."
SECTION 50. Section 24-26-60 of the 1976 Code is amended to read:
"Section 24-26-60. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."
SECTION 51. Section 11-35-710 of the 1976 Code, as last amended by Section 94, Act 181 of 1993, is further amended to read:
"Section 11-35-710. The board, may upon the recommendation of the Division of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required in this section and for just cause may by unanimous written decision limit or may withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:
(a) (1) the construction, maintenance, and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation;
(b) (2) the purchase of raw materials and supplies by the South Carolina Department of Corrections, Division of Prison Industries;
(c) (3) South Carolina State Ports Authority;
(d)(4) Division of Public Railways of the Department of Commerce;
(e) (5) South Carolina Public Service Authority;
(f) (6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as such the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;
(g) (7) livestock, feed, and veterinary supplies;
(h) (8) articles for commercial sale by all governmental bodies;
(i) (9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(j)(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any a governmental body procures any such the objects, the head of the purchasing agency shall prepare a written determination specifying the need for such the objects and the benefits to the State. The South Carolina Arts Commission shall review such the determination and forward a recommendation to the board for approval;
(k)(11) published books, periodicals, and technical pamphlets.;
(l)(12) South Carolina Research Authority;
(13) The purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries."
SECTION 52. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other another provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such the labor shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose."
SECTION 53. Section 24-3-30 of the 1976 Code, as last amended by Section 392, Act 181 of 1993, is further amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other another provision of law, any a person convicted of an offense against the State shall must be in the custody of the Department of Corrections of the State, and the department shall designate the place of confinement where the sentence shall must be served. The department may designate as a place of confinement any an available, a suitable, and an appropriate institution or facility, including, but not limited to, a county jail or work camp whether maintained by the State Department of Corrections or otherwise, but. However, the consent of the officials in charge of the county institutions so designated shall must be first obtained first. Provided, that If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall must be placed in the custody, supervision, and control of the appropriate officials of the county wherein in which the sentence was pronounced, if such the county has facilities suitable for confinement. Provided, further, that A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections shall must be notified by the county officials concerned not less than six months prior to before the closing of any a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.
Each county administrator, or the equivalent, having charge of county prison facilities, may, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned thereto to them for the purpose of working the roads of the county or other public work. Any A prisoner so assigned to the county shall must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment shall must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus will lie lies."
SECTION 54. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to may withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, to and the victim of the crime, or deposited to the credit of the prisoner."
SECTION 55. Section 24-3-330 of the 1976 Code, as last amended by Section 411, Act 181 of 1993, is further amended to read:
"Section 24-3-330. (A) All offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict labor in this State or any other another state, as provided for by this article, and no such article or product shall. These articles and products must not be purchased by any such an office, a department, an institution, or an agency from any other another source, unless excepted from the provisions of this section, as hereinafter provided by law. All purchases shall must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring such the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections."
SECTION 56. Section 24-3-360 of the 1976 Code, as last amended by Section 413, Act 181 of 1993, is further amended to read:
"Section 24-3-360. The State Department of Corrections shall cause to be prepared, annually, at such times as it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article,. Copies of which this catalogue shall must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the commencement beginning of each fiscal year, the proper official of each such office, department, institution, or agency, when required by the State Department of Corrections, shall report to the State department of Corrections estimates for such fiscal year of the kind and amount of articles and products reasonably required for such the ensuing year, referring in such the estimates to the catalogue issued by the State department of Corrections in so far as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue."
SECTION 57. Section 24-13-1530 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1530. (A) Notwithstanding any another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court, provided if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."
SECTION 58. Section 24-13-1560 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1560. The participant shall use an approved electronic monitoring device as if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person."
SECTION 59. Section 40-5-310 of the 1976 Code is amended to read:
"Section 40-5-310. No person shall may practice or solicit the cause of any other another person in any a court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars for every cause he shall so solicit, one half to the State and the other half to him that will sue for it. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
SECTION 60. Section 41-27-260(10) of the 1976 Code is amended to read:
"(10) For the purposes of items (2) and (3) of Section 41-27-230(2) and (3), the term 'employment' shall does not include service performed:
(a) Service performed in the direct employ of a church, or convention, or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, or convention, or association of churches; or
(b) Service performed by a duly an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such the order; or
(c) Service performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, or physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed readily in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or
(d) Service performed prior to before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or
(e) Service performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any a federal agency, or an agency or political subdivision of a state, or political subdivision thereof, by an individual receiving such work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or
(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."
SECTION 61. Chapter 26 of Title 24, Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.
SECTION 62. No later than the first day of the 1995 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand the litter control program;
(2) the potential market that exists for prison industries products or services;
(3) the participation by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions in purchasing goods and services currently provided by prison industries and recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently manufactured or produced by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions which could be evaluated for adoption into the prison industries program;
(5) a plan to establish, transfer, and close certain prison industries operations to adjust to actual or potential market demand for particular products or services and maximize opportunities for gainful work for inmates;
(6) a plan to promote, plan, and when considered advisable, assist in the location of privately owned and operated industrial enterprises which would utilize inmate labor on the grounds of adult correctional institutions;
(7) the need, if any, for the creation of an advisory board to establish and promote prison industries and services programs.
SECTION 63. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:
(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.
(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.
(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.
(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.
(5) Includes, to a much greater degree, the use of community based and nonresidential evaluation centers.
(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.
SECTION 64. The 1976 Code is amended by adding:
"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;
(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's and family's needs.
(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."
SECTION 65. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court. In imposing its contempt powers the Family Court must take into consideration mitigating circumstances including the parent's or legal custodian's participation in the treatment plan, the level of services being offered by the lead and participating agencies, and the level of cooperation by the lead and participating agencies as the court may deem appropriate."
SECTION 66. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:
"The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than twenty-four hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240."
SECTION 67. The 1976 Code is amended by adding:
"Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.
(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.
(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.
(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.
(E) For purposes of this section, 'student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.
(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.
SECTION 68. The 1976 Code is amended by adding:
"Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.
(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section."
SECTION 69. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:
"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."
SECTION 70. Section 20-7-3230(4) of the 1976 Code, as last amended by Act 173 of 1993, is further amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the county governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."
SECTION 71. (A) The provisions in the 1994-95 general appropriations act which delete the repeal of certain provisions of law relating to the Sentencing Guidelines Commission, including Section 24-26-10, are deemed by the General Assembly to only delete the repeal of these provisions. The General Assembly stipulates that the amendment to Section 24-26-10 of the 1976 Code herein contained shall be incorporated into Section 24-26-10 as reinstated by the provisions of the 1994-95 general appropriations act and to the extent that the provisions of this section conflict with any provisions of the 1994-95 general appropriations act, the provisions of this section shall control.
(B) Section 24-26-10(A)(4) is amended to read:
"(4) three members of the House Judiciary Committee designated by the chairman of the committee House Judiciary Committee;"
SECTION 72. Section 24-9-20 of the 1976 Code, as last amended by Section 434, Act 181 of 1993, is further amended to read:
"Section 24-9-20. The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspection inspections shall include all phases of operation, and fire safety, and health and sanitation conditions at of the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control. The inspection inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire and health codes and regulations. The division, and the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the governing body of each political subdivision involved in a multi-jurisdictional facility, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, the governing body of the county, and the county legislative delegation in which such facility is located. All reports shall be filed through the Director of the Department of Corrections."
SECTION 73. Section 24-9-30 of the 1976 Code, as last amended by Section 435, Act 181 of 1993, is further amended to read:
"Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit political subdivision responsible for the local confinement facility. A copy of the written report reports of the inspection inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.
(b) If the governing body fails to initiate corrective action within ninety days after receipt of the report reports of inspection the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.
(c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.
(d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, and other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order."
SECTION 74. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:
"(C) Chapter 5 of Title 13 and Sections 24-16-10, 24-26-20, 24-26-30, 24-26-40, 24-26-50, 27-2-80, 27-2-90, 27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-240 and 48-9-250 of the 1976 Code of Laws are repealed effective July 1, 1994."
SECTION 75. Section 20-7-2205, as last amended by Acts 131 and 181 of 1993, of the 1976 Code is further amended to read:
"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."
SECTION 76. The provisions of Parts I, III, and SECTIONS 63, 64, 65, 69, 70, 71, 72, 73, and 75 of Part IV of this act take effect upon approval by the Governor.
SECTION 77. The provisions of Part II and SECTIONS 66, 67, 68 of Part IV of this act take effect July 1, 1995.
SECTION 78. The provisions of SECTION 74 of Part IV take effect July 1, 1994.
Amend title to conform.
SECTION 61, page 73 of the Conference Report for H. 4323 (Doc. No. JUD 4323.001 should read as follows:
SECTION 61. Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.
Donald H. Holland /s/David H. Wilkins /s/H. Samuel Stilwell /s/James H. Hodges /s/Darrell Jackson L. Morgan Martin On Part of the Senate. On Part of the House.
Rep. WILKINS explained the report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5305 -- Rep. Barber: A HOUSE RESOLUTION TO PROVIDE FOR A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON A LONG RANGE PLAN FOR SOUTH CAROLINA'S COASTAL AREA.
Whereas, tourism in South Carolina is a leading revenue producer and job provider; and
Whereas, the long-range economic viability of South Carolina's coastal area is vital to the entire state's long-range economic viability; and
Whereas, the long-range economic viability of South Carolina's coastal area is compatible with and dependent upon preservation of the state's natural resources and protection of the quality of its environment; and
Whereas, the economic, environmental, and social challenges of coastal management and development are long-range challenges which require long-range solutions. Now, therefore,
Be it resolved by the House of Representatives:
That there is established the South Carolina Coastal Futures Task Force composed of:
(1) Six members of the House of Representatives, appointed by the Speaker of the House, one of whom must be the chairman of the task force;
(2) Such other members as the chairman of the task force considers appropriate which may include:
(a) Director of the Department of Commerce;
(b) Director of the Department of Parks, Recreation and Tourism;
(c) Director of the Department of Natural Resources;
(d) Administrative head for Ocean and Coastal Resources Management of the Department of Health and Environmental Control;
(e) Executive Director of the Sea Grant Consortium;
(f) Director of the Department of Health and Environmental Control;
(g) Director of the Department of Transportation;
(h) Elected officials and representatives of indigenous sea island and related populations recommended by the resident legislators of these counties:
(i) Beaufort County;
(ii) Jasper County;
(iii) Colleton County;
(iv) Charleston County;
(v) Georgetown County;
(vi) Horry County;
(i) a representative of indigenous sea island population;
(j) a representative of hotel and motel interests;
(k) a representative of restaurant interests;
(l) a representative of golf course interests;
(m) a representative of developers' interests;
(n) a representative of water and sewer suppliers;
(o) a representative of energy suppliers;
(p) a representative of the travel industry;
(q) a representative of sea fishing interests;
(r) a representative of shrimpers;
(s) a representative of other shellfishing interests;
(t) a representative of coastal chambers of commerce;
(u) representatives of the Sierra Club;
(v) representatives of the Wildlife Federation;
(w) representatives of the Coastal Conservation League;
(x) a representative of forestry; and
(y) a representative of agriculture.
The purpose of the task force is to study and make recommendations to the House of Representatives for a long-range plan for South Carolina's coastal area which addresses and integrates the interdependent needs for economic development and environmental preservation and protection. In developing this plan the task force shall establish goals and policies to include, but not limited to:
(1) beachfront preservation and renourishment;
(2) provision of water, sewer, energy, and other vital services;
(3) transportation infrastructure, including roads and bridges, mass transit, and air travel;
(4) coastal tourism industry growth and development;
(5) protection of aquaculture industries;
(6) preservation and protection of environment and natural resources;
(7) protection of interests of indigenous sea island population and other long-term residents;
(8) land use planning.
The task force also shall develop implementation mechanisms including identifying financial resources and revenue for state and local government action and private sector initiatives to assist in carrying out the long-range plan.
Be it further resolved that the chair of the task force shall establish committees to assist in carrying out the work of the task force and may appoint individuals to the committees who are not members of the task force. Recommendations of the task force may be adopted from recommendations of the committees or may be generated from the work of the task force as a whole.
Be it further resolved that the task force must be staffed by available staff from the House of Representatives and the task force may procure information and assistance from any officer or agency of the State or of a political subdivision of the State. Every officer and agency shall provide the task force relevant information and reasonable assistance on matters of research within their knowledge and control.
Be it further resolved that members of the task force must be appointed before June 16, 1994, and the task force shall submit its initial recommendations to the House of Representatives before February 1, 1995. Upon submitting its final recommendations before February 1, 1996, the task force is dissolved.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1440 -- Senators Moore and Jackson: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE CONTRIBUTIONS OF THE KIDS COUNT PROJECT TO IMPROVE THE LIVES OF OUR STATE'S CHILDREN THROUGH ENHANCED INFORMATION AND DATA GATHERING AND PROBLEM ANALYSIS AND POLICY DEVELOPMENT AND RECOGNIZE THE PROFESSIONALS WHO CAUSED THE KIDS COUNT PROJECT TO REALIZE ITS GOALS AND ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. McTEER and the Colleton-Beaufort Delegations made a statement relative to Rep. JAMES P. "PREACHER" HARRELSON'S service in the House.
Rep. HARRELSON made a statement relative to his service in the House of Representatives.
The following was received.
May 24, 1994
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Reappointment, Anderson County Master-in-Equity, with term to expire June 30, 1998:
The Honorable Ellis B. Drew, Jr., 1118 Springdale Road, Anderson, S.C. 29621
The confirmation was ordered referred to Judiciary Committee.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President
Received as information.
Rep. T.C. ALEXANDER made a statement relative to Rep. LINDSEY GRAHAM'S service in the House.
Rep. LINDSEY GRAHAM made a statement relative to his service in the House of Representatives.
Rep. LINDSEY GRAHAM made a statement relative to Rep. T.C. ALEXANDER'S service in the House.
Rep. THOMAS ALEXANDER made a statement relative to his service in the House of Representatives.
Rep. WILKINS and the Greenville Delegation made a statement relative to Rep. BOYD O'DELL "DELL" BAKER'S service in the House.
Rep. DELL BAKER made a statement relative to his service in the House of Representatives.
Rep. WRIGHT made a statement relative to Betty Amick's retirement as Calendar Clerk of the House.
The SPEAKER appointed Reps. BAKER, WHITE and R. YOUNG as a committee to notify the Senate that the House had completed its work and ready to adjourn Sine Die.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4323:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 1284, and requests that proper notation be recorded on the Bill.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1284.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
Very respectfully,
President
The Bill was returned to the Senate upon their request.
The following was received.
Columbia, S.C., June 2, 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 S. 1284:
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. T.C. ALEXANDER moved that the House recede at 5:00 P.M. subject to the Ratification of Acts, and stand adjourned Sine Die upon completion of the Ratification of Acts, or 8:00 P.M., whichever occurs sooner, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5286 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHIEF BOBBY KIMBRELL FOR HIS EXEMPLARY SERVICE TO LAW ENFORCEMENT AND AS CHIEF OF POLICE OF THE TOWN OF FORT MILL, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
H. 5287 -- Reps. G. Brown, Hines and Harvin: A CONCURRENT RESOLUTION TO HONOR W. M. JEFFERSON UPON HIS RETIREMENT AS ASSISTANT SUPERINTENDENT FROM THE LEE COUNTY SCHOOL DISTRICT.
H. 5288 -- Reps. Shissias, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION COMMENDING DR. JOHN H. HUDGENS FOR HIS OUTSTANDING SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT TWO, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.
H. 5289 -- Reps. Harrison, J. Brown, Byrd, Cromer, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROLAND S. CORNING, OF RICHLAND COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP AND WISHING HIM THE BEST IN HIS NEW POSITION ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
H. 5290 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF HONORABLE JAMES P. "PREACHER" HARRELSON OF COLLETON COUNTY NOT TO OFFER FOR REELECTION AND TO THANK HIM FOR HIS LONG AND DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN THE FUTURE.
H. 5303 -- Reps. Harrell, Fulmer, J. Bailey, Barber, Breeland, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING C. E. WILLIAMS MIDDLE SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.
H. 5304 -- Reps. Wilkes, Sheheen, Rhoad, P. Harris, McAbee, Carnell, Stoddard, Harrelson, J. Wilder, G. Bailey, M.O. Alexander, Mattos, McKay, Kinon, Holt, H. Brown and Boan: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALTER BOYD BROWN, SR., RESIDENT VICE PRESIDENT OF NORFOLK SOUTHERN RAILWAYS, UPON HIS FORTHCOMING RETIREMENT.
At 7:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R513) S. 88 -- Senators McConnell and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-75 SO AS TO REQUIRE FACILITIES PERFORMING SECOND TRIMESTER OR FIVE OR MORE FIRST TRIMESTER ABORTIONS TO BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS; TO AMEND SECTION 44-41-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL TISSUE AND EMBRYONIC TISSUES IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO HEALTH FACILITY LICENSING DEFINITIONS, SO AS TO DEFINE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO FACILITIES REQUIRED TO BE LICENSED, SO AS TO INCLUDE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 ENTITLED "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44 BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT" INCLUDING PROCEDURES FOR PROVIDING INFORMATION AND ACCESS TO INFORMATION TO WOMEN PRIOR TO OBTAINING AN ABORTION, INFORMATIONAL MATERIAL THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST PUBLISH PENALTIES, ANONYMITY OF A WOMAN IN COURT PROCEEDINGS BROUGHT UNDER THIS ARTICLE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT SO AS TO INCLUDE THE NAME, ADDRESS, AND PHONE NUMBER OF A PERSON TO WHOM A MOTOR VEHICLE LICENSE PLATE IS REGISTERED AND PROVIDE THAT THIS EXEMPTION DOES NOT APPLY TO LAW ENFORCEMENT OFFICERS AND AGENCIES; TO AMEND SECTION 44-41-60, AS AMENDED, RELATING TO REPORTING ABORTIONS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO EXCLUDE THE REPORTING OF A PHYSICIAN'S NAME.
(R514) S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: AN ACT TO AMEND CHAPTER 25, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CREATE THE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; TO INCREASE THE PENALTY FOR THE CRIME OF CRIMINAL DOMESTIC VIOLENCE, TO INCREASE THE PENALTY FOR VIOLATING THE TERMS AND CONDITIONS OF AN ORDER OF PROTECTION, TO DELETE REFERENCES TO FAMILY TO CONFORM TO OTHER PROVISIONS IN THIS ACT, AND TO AUTHORIZE THE COURT TO SUSPEND THE IMPOSITION OR EXECUTION OF A VIOLATION OF SECTIONS 16-25-20 OR 16-25-50; TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT" SO AS TO CHANGE THE "FAMILY OR HOUSEHOLD MEMBER" TO "HOUSEHOLD MEMBER" AND INCLUDE IN THESE DEFINITIONS "PERSONS WHO HAVE A CHILD IN COMMON, AND A MALE AND FEMALE WHO ARE COHABITATING OR FORMERLY HAVE COHABITATED, TO DELETE FROM THE DEFINITION OF "ORDER OF PROTECTION" A REFERENCE TO FAMILY; AND TO AMEND SECTION 20-4-40, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO DELETE REFERENCES TO FAMILY.
(R515) S. 398 -- Senator Hayes: AN ACT TO AMEND SECTION 27-37-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTION OF A WRIT OF EJECTMENT, SO AS TO GIVE THE OCCUPANT TWENTY-FOUR HOURS TO VACATE VOLUNTARILY, PROVIDE THAT IF THE OCCUPANT REFUSES TO VACATE WITHIN TWENTY-FOUR HOURS AND THE PREMISES APPEAR TO BE OCCUPIED AND THE OCCUPANT DOES NOT RESPOND, THE CONSTABLE OR DEPUTY SHERIFF SHALL LEAVE A COPY OF THE WRIT ATTACHED AT THE TOP OF THE DOOR OR IN THE MOST CONSPICUOUS PLACE, TO PROVIDE THAT TWENTY-FOUR HOURS FOLLOWING THE POSTING OF THE WRIT, IF THE OCCUPANTS HAVE NOT VACATED THE PREMISES VOLUNTARILY, THE DEPUTY SHERIFF MAY ENTER THE PREMISES BY FORCE, USING THE LEAST DESTRUCTIVE MEANS POSSIBLE, IN ORDER TO EFFECTUATE THE WRIT.
(R516) S. 436 -- Senator Richter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-765 SO AS TO PROVIDE FOR INVESTIGATIONS OF TRAFFIC COLLISIONS WHEN A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY IS INVOLVED AND SECTION 56-5-4192 SO AS TO AUTHORIZE THE MOVEMENT OF MOBILE HOMES ON HIGHWAYS ON A SATURDAY PURSUANT TO OPEN-END PERMITS.
(R517) S. 492 -- Senators Wilson, Thomas and Ryberg: AN ACT TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS; TO AMEND SECTION 23-31-120, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO DELETE THE BOND REQUIREMENT; AND TO REPEAL SECTION 23-1-70, RELATING TO BONDS FOR CONSTABLES OR PEACE OFFICERS APPOINTED BY THE GOVERNOR WHO SERVE WITHOUT PAY.
(R518) S. 506 -- Senators Rose and Leventis: AN ACT TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE, AND TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
(R519) S. 624 -- Senator Giese: AN ACT TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1995-96, THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS SHALL OCCUR OVER TWO SEMESTERS WITH ONE SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE OTHER SEMESTER BEING A LIFETIME FITNESS COMPONENT TO BE TAUGHT OVER THE SEMESTER OR IN TWO NINE-WEEK DIVISIONS.
(R520) S. 665 -- Senator Leventis: AN ACT 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 CRIMINAL RECORD HISTORY FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AT THE RATE PROVIDED BY LAW FOR ALL INITIAL APPLICANTS WHO ARE NOT MEMBERS OF THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AND REQUIRE ALL MISDEMEANOR ACTIVITIES INVOLVING SECURITIES AND ALL FELONIES WITHIN TEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO AMEND SECTION 40-68-40, RELATING TO QUALIFICATIONS OF A CONTROLLING PERSON FOR PURPOSES OF STAFF LEASING SERVICES, SO AS TO REQUIRE FINGERPRINTING OF EACH APPLICANT AND CONTROLLING PERSON AND PROVIDE FOR EXAMINATION OF LAW ENFORCEMENT RECORDS ONLY IF NECESSARY, AND TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.
(R521) S. 706 -- Senator Leventis: AN ACT 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; AND 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.
(R522) S. 732 -- Senator Holland: AN ACT TO AMEND SECTION 23-45-30(5), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, AS AMENDED, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM, AUTHORIZE THE ACCEPTANCE OF A PLAN REVIEW OF AN INSURANCE UNDERWRITER UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE FOR THE DELIVERY OF THE CERTIFICATE OF COMPLIANCE.
(R523) S. 778 -- Senator Setzler: AN ACT TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT, TO PROVIDE THAT BEFORE VARYING THE LENGTH OF THE SCHOOL DAY, CONSULTATION MUST BE MADE WITH PARENTS AND FACULTY AND APPROVAL FROM THE SCHOOL BOARD OF TRUSTEES OBTAINED, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH ELEMENTARY AND SECONDARY SCHOOLS MAY REDUCE THE LENGTH OF THE INSTRUCTIONAL DAY, AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.
(R524) S. 782 -- Senators Rose and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AUTHORIZE THE ATTORNEY GENERAL TO INVESTIGATE AND INITIATE APPROPRIATE ACTION FOR ALLEGED OR SUSPECTED VIOLATION; TO PROVIDE THAT THE OFFENSES CREATED BY THIS ACT ARE NOT EXCLUSIVE AND MUST NOT BE CONSTRUED TO LIMIT THE POWER OF THE STATE TO PROSECUTE A PERSON FOR CONDUCT WHICH CONSTITUTES A CRIME UNDER ANOTHER STATUTE OR AT COMMON LAW; TO ADD SECTION 44-7-325 SO AS TO PROVIDE FOR THE FEES THAT A HEALTH CARE FACILITY OR LICENSED HEALTH CARE PROVIDER MAY CHARGE FOR PROVIDING A COPY OF A PATIENT'S MEDICAL RECORD AND FOR PRODUCING AN X-RAY AND TO PROVIDE THE TIME WITHIN WHICH A RECORD MUST BE PROVIDED; TO AMEND SECTION 38-77-341, SECTION 42-15-95, AS AMENDED, AND SECTION 44-115-80, ALL RELATING TO CHARGES FOR COPIES OF A PATIENT'S MEDICAL RECORD, SO AS TO PROVIDE THE FEES THAT A HEALTH CARE FACILITY OR LICENSED HEALTH CARE PROVIDER MAY CHARGE FOR PROVIDING A COPY OF A PATIENT'S MEDICAL RECORD AND FOR PRODUCING AN X-RAY; AND TO AMEND SECTION 44-29-230, RELATING TO TESTING IF A HEALTH CARE WORKER IS EXPOSED TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO INCLUDE EMERGENCY RESPONSE EMPLOYEES TO INCLUDE EXPOSURE TO ALL BLOODBORNE DISEASES TO REVISE THE CRITERIA FOR MANDATORY TESTING AND REPORTING OF TEST RESULTS AND TO PROVIDE IMMUNITY TO THOSE CONDUCTING THE TEST OR REPORTING THE TEST RESULTS.
(R525) S. 797 -- Senator Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO CHANGE THE REFERENCE TO "SUSCEPTIBLE" TO "ACCEPTABLE" INCLUDE OXYGENATED COMPOUND BLENDS, AND EXCLUDE COMPRESSED NATURAL GAS OR PROPANE WHEN DISPENSED OR SOLD AS A MOTOR VEHICLE FUEL; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO AUTHORIZE AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES, PROVIDE FOR IMPRISONMENT, CHANGE THE REFERENCE TO "STAMP" TO "LABEL", AND INCLUDE REFERENCES TO PUMPS AND TANKS; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
(R526) S. 849 -- Senators Greg Smith, Rankin and Washington: AN ACT TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO REVISE THE TIME A PRIVATE PASSENGER VEHICLE OWNED BY A NONRESIDENT MAY BE OPERATED IN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER AND LICENSE THE VEHICLE.
(R527) S. 861 -- Senator Greg Smith: AN ACT TO AMEND SECTION 38-75-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR WIND AND HAIL INSURANCE, SO AS TO CHANGE THE DEFINITIONS OF "COASTAL AREA" AND "ESSENTIAL PROPERTY INSURANCE".
(R528) S. 884 -- Senators Hayes, Lander, Leventis and Wilson: AN ACT 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 DELETE THE PROVISION THAT THE AMOUNTS OF INSURANCE MAY NOT EXCEED, WITH RESPECT TO A SPOUSE OR CHILD, TEN THOUSAND DOLLARS.
(R529) S. 886 -- Senators McConnell, Wilson and Reese: AN ACT TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER TWENTY THOUSAND DOLLARS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 15-51-40 OF THE 1976 CODE, RELATING TO DAMAGES IN WRONGFUL DEATH ACTIONS, SO AS TO PROVIDE THAT IN THE EVENT OF THE WRONGFUL DEATH OF A MINOR, THE PROBATE COURT MAY LIMIT OR DENY EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-21-770, AS AMENDED, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780 RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
(R530) S. 891 -- Senators Short, Greg Smith, Washington and Mescher: AN ACT TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-24 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING, EXCLUDING ABORTION INFORMATION, TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
(R531) S. 897 -- Senator Reese: AN ACT TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
(R532) S. 913 -- Senators Lander, J. Verne Smith and Giese: AN ACT TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD OBLIGATIONS, AND SECURITY DEPOSITS AND PREPAID RENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, FOR "SECURITY/RENTAL" DEPOSITS AND THAT UPON TERMINATION OF A TENANCY, PROPERTY OR MONEY HELD BY A LANDLORD AS SECURITY MUST BE RETURNED LESS AMOUNTS WITHHELD BY THE LANDLORD FOR ACCRUED RENT AND DAMAGES WHICH THE LANDLORD HAS SUFFERED BY REASON OF THE TENANT'S NONCOMPLIANCE WITH SECTION 27-40-510; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-20-49 SO AS TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY MAY REQUIRE OF A PERSON LAYING CLAIM TO ANY OF THE CONTENTS OF THE SELF-SERVICE STORAGE FACILITY THAT THE CLAIMANT PAY TO THE OWNER ALL UNPAID RENTS DUE FOR THE USE OF THE FACILITY BEFORE TAKING POSSESSION OF THE CONTENTS, AND PROVIDE THAT THE OWNER IS NOT RESPONSIBLE FOR ANY PROPERTY TAXES THAT MAY BE DUE ON ANY CONTENTS THAT HAVE BEEN IN STORAGE IN THE FACILITY.
(R533) S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE; AND TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH NEW OFFERS FOR AUTOMOBILE INSURANCE ARE NOT REQUIRED, SO AS TO PROVIDE THOSE CONDITIONS WHEN A POLICY IS OFFERED OR ISSUED BY A NEW SERVING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY.
(R534) S. 953 -- Senator Courtney: AN ACT TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IN PLEADING GUILTY OR NOLO CONTENDERE IF PLEADING GUILTY OR NOLO CONTENDERE; TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-520, TO AMEND ARTICLE 9, CHAPTER 6 OF TITLE 23 RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO FURTHER PROVIDE FOR THE FUNCTIONS AND MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL AND THE TRAINING STANDARDS, PROCEDURES AND FUNCTIONS OF THE DIVISION, THE DEPARTMENT, AND ITS DIRECTOR, AND TO FURTHER PROVIDE FOR THE USE OF CERTAIN FUNDS COLLECTED AS AN ADDITION TO CRIMINAL AND TRAFFIC FINES.
(R535) S. 967 -- Senators Ryberg and Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-49-310, 12-49-315, 12-49-320, 12-49-325, 12-49-330, AND 31-17-410 SO AS TO REQUIRE A PERSON APPLYING FOR A TITLE ON A MOBILE OR MANUFACTURED HOME TO FURNISH A COPY OF THE APPLICATION TO THE AUDITOR OF THE COUNTY WHERE THE MOBILE HOME IS TO BE LOCATED AND PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR NOTICE TO LIENHOLDERS OF A LEVY AND SALE OF MOBILE OR MANUFACTURED HOMES FOR DELINQUENT TAXES ONLY WHEN THE LIENHOLDER HAS PROVIDED THE TITLE APPLICATION TO THE COUNTY AUDITOR, TO PROVIDE THE FORM FOR THE NOTICE TO LIENHOLDERS, TO PROVIDE THAT SECURITY INTERESTS NOTED ON THE TITLE ARE NOT AFFECTED BY A TAX SALE WITHOUT THE APPROPRIATE NOTICE, TO REQUIRE THE DELINQUENT TAX COLLECTOR TO KEEP A COPY OF EACH LIENHOLDER NOTICE, AND TO PROVIDE FOR THE APPROPRIATE NOTICE TO LIENHOLDER PROVISIONS FOR LIENS CREATED BEFORE JANUARY 1, 1995; TO AMEND SECTIONS 31-17-320, 31-17-350, 31-17-360, 31-17-380, AND 31-17-390, RELATING TO MOVING PERMITS AND LICENSING OF MOBILE HOMES, SO AS TO REQUIRE OWNERS TO HAVE PROOF OF TITLE AND PAID TAXES BEFORE SUCH HOMES MAY BE LICENSED, MOVED, OR CONNECTED TO ELECTRICAL SERVICE; TO AMEND SECTION 12-49-210, RELATING TO DEFINITIONS, SO AS TO DEFINE "MOBILE OR MANUFACTURED HOME" AND "DELINQUENT TAX COLLECTION"; TO AMEND SECTION 12-49-225, RELATING TO LEVYING ON MOBILE HOMES, SO AS TO CONFORM DEFINITIONS AND PROVIDE FOR THE APPLICATION OF THE SECTION; TO AMEND SECTION 12-49-271, AS AMENDED, RELATING TO NOTICE OF LIENHOLDERS, SO AS TO CONFORM DEFINITIONS AND REVISE OBSOLETE REFERENCES; TO AMEND SECTION 12-49-290, AS AMENDED, RELATING TO RIGHTS OF LIENHOLDERS, SO AS TO LIMIT THE APPLICATION OF ITS PROVISION TO LIENS CREATED BEFORE JANUARY 1, 1995; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE A MINIMUM ONE HUNDRED DOLLAR ASSESSED VALUE FOR FOUR PERCENT RESIDENTIAL PROPERTY; TO AMEND SECTION 12-51-95, AS AMENDED, RELATING TO THE REDEMPTION OF MOBILE AND MANUFACTURED HOMES SOLD FOR DELINQUENT TAXES, SO AS TO CONFORM DEFINITIONS; TO AMEND SECTION 12-51-96, RELATING TO REDEMPTIONS OF MOBILE OR MANUFACTURED HOMES, SO AS TO CONFORM DEFINITIONS, PROVIDE FOR REDEMPTION BY A LIENHOLDER, AND PROVIDE A FIXED RENT PAYMENT WHICH MUST BE PAID TO THE TAX SALE PURCHASER; AND TO AMEND SECTION 56-19-240, RELATING TO TITLING OF VEHICLES, SO AS TO REQUIRE AN APPLICATION TO A MOBILE OR MANUFACTURED HOME TO INCLUDE THE ADDRESS OF THE SITE WHERE THE HOME IS TO BE LOCATED IF DIFFERENT FROM THE OWNER'S ADDRESS; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES AND MACHINERY USED BY GARMENT RENTAL ESTABLISHMENTS.
(R536) S. 992 -- Senator Land: AN ACT TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR FOX IN GAME ZONE 6 AND THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND REVISE THE REQUIREMENTS FOR VIOLATIONS.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
(R538) S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: AN ACT TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.
(R539) S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AND FROM WHOM AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS; TO AMEND SECTION 33-7-103, RELATING TO COURT-ORDERED MEETINGS OF A CORPORATION, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHICH PERMIT THE ORDERING OF SUCH MEETINGS; TO AMEND SECTION 33-8-106, RELATING TO STAGGERED TERMS OF DIRECTORS, SO AS TO REDUCE THE TOTAL NUMBER OF DIRECTORS WHICH JUSTIFY HAVING STAGGERED TERMS; AND TO AMEND SECTION 38-77-160, RELATING TO ADDITIONAL UNINSURED AND UNDERINSURED MOTORIST COVERAGE, SO AS TO FURTHER PROVIDE FOR SUCH COVERAGE.
(R540) S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
(R541) S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.
(R542) S. 1182 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE, ORDINANCE, OR RESOLUTION FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE OR TAX BASE.
(R543) S. 1196 -- Senators Rankin and Elliott: AN ACT TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 6-7-830, RELATING TO STATE, COUNTY, AND MUNICIPAL AGENCIES BEING SUBJECT TO LOCAL ZONING ORDINANCES, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THIS SECTION TO CERTAIN ENTITIES; TO AMEND SECTION 6-31-20, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, SO AS TO REVISE THE DEFINITION OF A DEVELOPER; AND TO AMEND SECTION 6-31-40, RELATING TO A LOCAL GOVERNMENT ENTERING INTO A DEVELOPMENT AGREEMENT WITH A DEVELOPER FOR THE DEVELOPMENT OF CERTAIN PROPERTY, SO AS TO FURTHER PROVIDE FOR CERTAIN REQUIREMENTS OF THESE DEVELOPMENT AGREEMENTS.
(R544) S. 1199 -- Senator Hayes: AN ACT TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY PROVISION OF LAW REQUIRING CONFIDENTIALITY OF JUVENILE RECORDS, WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.
(R545) S. 1230 -- Senator Martin: AN ACT TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE THAT A LICENSEE MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES TAKEN UNDER A CONTINUING LEGAL EDUCATION PROGRAM IF SUCH COURSES RELATE DIRECTLY TO REAL ESTATE LAW IN SOUTH CAROLINA AND HAVE BEEN PREAPPROVED BY THE REAL ESTATE COMMISSION AS MEETING THE CRITERIA FOR CONTINUING REAL ESTATE EDUCATION, AND TO PROVIDE THAT CREDIT FOR SUCH COURSES IS SUBJECT TO APPROVAL BY THE REAL ESTATE COMMISSION.
(R546) S. 1251 -- Senators Giese and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-75, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW INSTALLMENT PAYMENTS OF ALL NONESCROWED AD VALOREM TAXES ON REAL PROPERTY LOCATED IN THE COUNTY AND TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO PROVIDE A DISCOUNT ON ALL AD VALOREM TAXES ON REAL PROPERTY LOCATED IN THE COUNTY WHICH ARE PAID IN ADVANCE OF THE DUE DATE.
(R547) S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: AN ACT TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
(R548) S. 1269 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
(R549) S. 1284 -- Senator Hayes: AN ACT TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS; PROVIDE THAT ANY REAL PROPERTY WHICH IS OR HAS BEEN INCLUDED WITHIN A MULTICOUNTY PARK UNDER SECTION 4-1-170 AND TITLE TO WHICH IS HELD BY THE STATE, MAY BE ANNEXED ONLY UPON APPROVAL BY THE BUDGET AND CONTROL BOARD; AND PROVIDE THAT ALL MULTICOUNTY PARKS MUST BE CONTIGUOUS COUNTIES.
(R550) S. 1312 -- Senator Land: AN ACT TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
(R551) S. 1313 -- Senator Land: AN ACT 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.
(R552) S. 1325 -- Senators Moore, Short and Jackson: AN ACT TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
(R553) S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS, AND TO SPECIFY THE FINDINGS THE COMMITTEE SHALL MAKE IN REGARD TO THESE LOANS OR CONTRACTS.
(R554) S. 1336 -- Corrections and Penology Committee: AN ACT TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.
(R555) S. 1345 -- Senator Saleeby: AN ACT TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDING OF COUNTY PUBLIC LIBRARY SYSTEMS AND THE TRANSFER OF ASSETS AND PROPERTY OWNED BY ANY COUNTY LIBRARY PRIOR TO THE CREATION OF A LIBRARY SYSTEM UNDER SECTION 4-9-35, SO AS TO DELETE THE REQUIREMENT THAT ALL SUCH TRANSFERRED ASSETS AND PROPERTY BE USED EXCLUSIVELY FOR LIBRARY PURPOSES, AND PROVIDE THAT ANY DECISION TO SELL OR OTHERWISE TRANSFER THE PROPERTY FOR USE OTHER THAN FOR LIBRARY PURPOSES MUST BE MADE BY A TWO-THIRDS VOTE OF THE COUNTY GOVERNING BODY.
(R556) S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: AN ACT TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND TO PROVIDE PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A PARENT'S HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO CHANGE REFERENCES TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING"; TO ADD SECTION 44-7-77 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A PROGRAM PROMOTING OBTAINING IN-HOSPITAL PATERNITY ACKNOWLEDGEMENTS; AND TO AMEND SECTION 20-7-956, RELATING TO EVIDENCE ADMISSIBLE IN A PATERNITY HEARING, SO AS TO PROVIDE THAT A VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY.
(R557) S. 1370 -- Senators Bryan and O'Dell: AN ACT TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY SO AS TO ADD A NEW AREA TO THE DISTRICT.
(R558) S. 1378 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R559) S. 1379 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R560) S. 1403 -- Senator Gregory: AN ACT TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
(R561) S. 1421 -- Senators Moore and Ryberg: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED FOR THE GENERAL OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994.
(R562) S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO THE APPOINTMENT OF THE COUNTY SUPERINTENDENT OF EDUCATION AND THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY AND PROVIDE FOR CERTIFICATION OF RESULTS AND REFERENDUM COSTS.
(R563) S. 1432 -- Senator Mescher: AN ACT TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND, PROHIBIT PRIVATE DOCKS, PROVIDE FOR REVERSION TO A SHELLFISH GROUND, AND PRESERVE THE ABILITY OF COUNTY LEGISLATIVE DELEGATIONS TO MOVE PUBLIC OYSTER GROUNDS.
(R564) H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: AN ACT TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE AND THE PENALTIES FOR VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-345 SO AS TO PROVIDE THAT CARDBOARD PLACARDS SHALL BE PROVIDED TO OPERATORS OF MOTOR VEHICLES USED FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE.
(R565) H. 3168 -- Rep. Kirsh: AN ACT TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND GIVE MAGISTRATES AND MUNICIPAL COURTS JURISDICTION TO TRY VIOLATIONS OF THIS SECTION.
(R566) H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 9 OF TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS, AND PENALTIES.
(R567) H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
(R568) H. 3385 -- Rep. Cromer: AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE; TO PROVIDE THAT THE GENERAL ASSEMBLY FINDS THAT CONGRESS HAS ENACTED THE "NATIONAL VOTER REGISTRATION ACT OF 1993" (P.L. NO. 103-31 OF 1993) AND THAT THE PURPOSE OF THIS ACT IS TO COMPLY WITH THE PROVISIONS OF THAT CONGRESSIONAL LAW; TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-13-335, SO AS TO PROVIDE THAT CANDIDATES NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS, IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
(R569) H. 3435 -- Rep. G. Bailey: AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; TO AMEND SECTION 40-79-110, AS AMENDED, RELATING TO ADVERTISING BY LICENSEES, SO AS TO DELETE THE REQUIREMENT THAT THE LICENSE NUMBER OF THE BUSINESS ENTITY APPEARS IN THE ADVERTISEMENT; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
(R570) H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES.
(R571) H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE A COPY OF ITS ANNUAL HEALTH CARE FINANCING REPORT TO THE DIVISION OF RESEARCH AND STATISTICAL SERVICES; AND TO AMEND TITLE 44 BY ADDING CHAPTER 78 SO AS TO ENACT THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ACT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH EMERGENCY MEDICAL SERVICES PERSONNEL MAY NOT RESUSCITATE PATIENTS, TO PROVIDE A FORM FOR THIS ORDER, TO PROVIDE FOR REVOCATION OF AN ORDER, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY.
(R572) 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO PROVIDE THAT A PERSON MAKING AN INITIAL APPLICATION TO THE RESIDENTIAL BUILDERS COMMISSION FOR LICENSURE AS A RESIDENTIAL BUILDER OR REGISTRATION AS A RESIDENTIAL SPECIALTY CONTRACTOR SHALL FIRST SUBMIT TO A CREDIT REPORT, PROVIDE FOR RELATED MATTERS, PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS ISSUED AGAINST HIM FOR THE PAST FIVE YEARS, AND PROVIDE THAT "MISCONDUCT" AS USED IN SECTION 40-59-90 INCLUDES A PATTERN OF REPEATED FAILURE BY A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR TO PAY HIS LABOR ON MATERIAL BILLS; TO DESIGNATE SECTIONS 40-59-10 THROUGH 40-59-160 AS ARTICLE 1 OF CHAPTER 59, TITLE 40, AND ENTITLED "RESIDENTIAL HOME BUILDERS GENERALLY"; TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 TO CHAPTER 59, TITLE 40, SO AS TO ENACT PROVISIONS FOR THE LICENSING OF HOME INSPECTORS, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, EXEMPTIONS AND THE IMPOSITION OF CIVIL PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 40 SO AS TO ENACT PROVISIONS GOVERNING COMMERCIAL INSPECTORS.
(R573) H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: AN ACT TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" BY ADDING ARTICLE 11 TO INCLUDE REGISTRATION PROCEDURES, FEES, AND CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
(R574) H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: AN ACT TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES, INCLUDING RESTITUTION REQUIREMENTS, FOR VIOLATIONS.
(R575) H. 3907 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-7-1145, 12-27-335, AND 12-54-138 SO AS TO PROVIDE FOR APPORTIONING OF INCOME OF A BUSINESS INCORPORATED IN A FOREIGN COUNTRY, TO PROVIDE FURTHER FOR THE APPLICATION OF AND EXEMPTIONS FROM THE MOTOR FUELS TAX TO AN UNLICENSED SUPPLIER, AND TO PROVIDE FOR THE ASSESSMENT AND COLLECTION AS A TAX OF ANY DUPLICATE REFUND ISSUED; TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE TREATMENT OF FOREIGN DIVIDENDS; TO AMEND SECTION 12-9-40, RELATING TO TAX WITHHOLDING ON DISTRIBUTIONS, SO AS TO ALLOW EXEMPTIONS FROM WITHHOLDING FOR EXEMPT NONRESIDENT SHAREHOLDERS OR PARTNERS; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO REQUIREMENTS APPLICABLE TO INCOME TAX WITHHOLDING, SO AS TO PROVIDE THAT THESE REQUIREMENTS AUTOMATICALLY CONFORM TO FEDERAL WITHHOLDING REQUIREMENTS WHEN THE STATE INCOME TAX LAW FEDERAL REFERENCE DATE CHANGES; TO AMEND SECTION 12-21-720, RELATING TO INDICIA FOR PAYMENT OF THE CIGARETTE TAX, SO AS TO AUTHORIZE THE DEPARTMENT TO ALLOW STORAGE OF UNSTAMPED CIGARETTES PRIOR TO DELIVERY OUT OF STATE AND PROVIDE PENALTIES; TO AMEND SECTION 12-27-1510, AS AMENDED, RELATING TO REFUNDS ON GASOLINE AND MOTOR FUELS TAXES, SO AS TO PROHIBIT REFUNDS ON FUEL USED BEFORE A REFUND APPLICATION IS FILED; TO AMEND SECTION 12-31-430, RELATING TO MOTOR CARRIER REPORTS, SO AS TO REVISE THE REPORTING DATES; TO AMEND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF "RETAIL SALE", SO AS TO INCLUDE IN THE DEFINITION LOCAL TELECOMMUNICATIONS SERVICES OF COIN-OPERATED TELEPHONE PROVIDERS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO CLARIFY THE EXEMPTION FOR GASOLINE AND OTHER FUELS AND THE EXEMPTION ALLOWED FOR SALES OF MOTOR VEHICLES TO CERTAIN MEMBERS OF THE ARMED FORCES; TO AMEND SECTIONS 12-54-40, AS AMENDED, AND 12-54-240, AS AMENDED, RELATING TO THE ENFORCEMENT AND COLLECTION OF STATE TAXES, SO AS TO REVISE PENALTIES AND FURTHER PROVIDE FOR THE USE OF TAX RETURN INFORMATION; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE DEBT SETOFF ACT, SO AS TO FURTHER DEFINE "CLAIMANT AGENCY" AND TO ALLOW THE SETOFF OF COLLECTION COSTS; TO AMEND SECTION 12-54-810, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO FURTHER PROVIDE FOR THE LIMIT ON INVESTIGATIVE ACTIVITIES OF THE DEPARTMENT; TO REPEAL SECTION 12-21-2040, RELATING TO SOFT DRINK LICENSE TAX CROWNS OR LIDS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-4-755 AND 12-4-770 SO AS TO PROVIDE FOR THE APPEAL OF A PROPERTY TAX EXEMPTION DENIAL TO THE DEPARTMENT OF REVENUE AND TAXATION AND PROVIDE THE APPEAL PROCEDURE AND PROVIDE FOR THE APPEAL PROCEDURE FOR AN APPEAL OF A PROPOSED PROPERTY TAX ASSESSMENT TO THE DEPARTMENT FOR PROPERTY ORIGINALLY ASSESSED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-70 SO AS TO PROVIDE THE METHOD OF APPRAISING CERTAIN PERSONAL PROPERTY OF BUSINESSES AND OTHER ENTITIES UNDER THE JURISDICTION OF THE COUNTY AUDITOR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-120 SO AS TO REQUIRE THE ASSESSED VALUE OF PROPERTY TO BE ROUNDED TO THE NEAREST TEN DOLLARS; TO AMEND SECTION 12-4-320, RELATING TO THE POWERS OF THE DEPARTMENT, SO AS TO AUTHORIZE IT TO PRESCRIBE TEMPORARY RULES FOR FILING, PAYMENT, AND EXTENSIONS IN CASE OF DAMAGE BY OPERATION BY NATURAL FORCES; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE DEPARTMENT, SO AS TO PROVIDE THAT OUT-OF-STATE APPRAISERS APPEARING BEFORE THE DEPARTMENT DO NOT HAVE TO BE LICENSED OR CERTIFIED IN THIS STATE; TO AMEND SECTION 12-4-720, RELATING TO FILING PROPERTY TAX EXEMPTION APPLICATIONS, SO AS TO REVISE CERTAIN APPLICATIONS; TO AMEND SECTION 12-37-220 OF THE 1976 CODE, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO STANDARDIZE AT TWO VEHICLES THE MOTOR VEHICLE EXEMPTION FOR DISABLED VETERANS, MEDAL OF HONOR RECIPIENTS, PERSONS CONFINED TO WHEELCHAIRS, AND FORMER POW'S AND INCLUDE LEASED VEHICLES, AND TO EXEMPT FURNISHINGS AND FIXTURES IN TIME-SHARE UNITS; TO AMEND SECTION 12-37-800, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO MAKE A PROPERTY TAX RETURN, SO AS TO PROVIDE A PENALTY EQUAL TO TWENTY-FIVE PERCENT OF THE TAX DUE FOR MAKING A FALSE RETURN; TO AMEND SECTION 12-37-930, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT "GROSS CAPITALIZED COST" INCLUDES PROPERTY EXPENSED UNDER SECTION 179 OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REFUNDS OF PERSONAL PROPERTY TAXES PAID ON LICENSED MOTOR VEHICLES, SO AS TO ALLOW A REFUND WHEN A VEHICLE OWNER BECOMES A LEGAL RESIDENT OF ANOTHER STATE AND REGISTERS THE VEHICLE IN THE NEW STATE; TO AMEND SECTION 12-43-335, RELATING TO THE CLASSIFICATION OF MERCHANTS' PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE CLASSIFICATIONS AND ADD CLASSIFICATIONS FOR PROPERTY OF MANUFACTURERS, RAILROADS, PRIVATE CARLINES, AIRLINES, WATER, POWER, TELEPHONE, CABLE TELEVISION, SEWER, AND PIPELINE COMPANIES; AND TO AMEND ACT 168 OF 1991, RELATING TO TAXATION, SO AS TO DEFINE "CORPORATION" FOR THE PURPOSES OF THE ALLOWANCE OF THE FIVE-YEAR PROPERTY TAX ABATEMENT ALLOWED A CORPORATION WHICH ACQUIRED EIGHT OR MORE EXISTING TEXTILE MANUFACTURING FACILITIES, AND DELETE A REFERENCE TO COUNTY IN CALCULATING THE REQUIRED NUMBER OF EMPLOYEES TO OBTAIN THE ABATEMENT; TO AMEND SECTION 12-23-60, RELATING TO THE DUE DATE FOR THE ELECTRIC POWER TAX, SO AS TO CHANGE THE DUE DATE; TO REPEAL SECTION 4-9-155, RELATING TO AUDIT STANDARDS FOR COUNTY OFFICIALS; AND TO AMEND SECTION 12-7-1210, RELATING TO CREDITS FOR MARRIED INDIVIDUALS FILING JOINT TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THE DETERMINATION OF THIS CREDIT.
(R576) H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: AN ACT TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR THE OFFENSE TO BE A FELONY, INCLUDE A NOLO CONTENDERE PLEA, AND INCREASE THE TERM OF IMPRISONMENT FROM FIVE TO TEN YEARS.
(R577) H. 4010 -- Rep. Shissias: AN ACT TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR THE ENFORCEMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "ORDER FOR SUPPORT"; TO REVISE THE THRESHOLD FOR INITIATING INCOME WITHHOLDING; AND TO REVISE OTHER PROCEDURAL AND NOTICE REQUIREMENTS FOR INCOME WITHHOLDING, INCLUDING THE REQUIREMENT THAT EMPLOYERS AND PARENTS PAYING CHILD SUPPORT MUST NOTIFY THE CLERK OF COURT IF HEALTH INSURANCE IS AVAILABLE FOR CHILDREN ON WHOSE BEHALF THE CHILD SUPPORT IS PAID.
(R578) H. 4031 -- Reps. M.O. Alexander and Phillips: AN ACT TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION AND RENEWAL OF MOTOR VEHICLE LICENSES, SO AS TO REVISE THE REQUIREMENTS FOR RENEWAL BY PERSONS ON ACTIVE MILITARY DUTY.
(R579) H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, EFFECTIVE JULY 1, 1995, TO ESTABLISH A STUDY COMMITTEE TO DETERMINE THE DESIRABILITY AND FEASIBILITY OF PROVIDING FUNDING, LOCATION, AND ACCESS FOR A YEAR-ROUND GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, AND PROVIDE FOR THE MEMBERSHIP, DUTIES, AND TERMINATION OF THE COMMITTEE.
(R580) H. 4070 -- Reps. Sheheen and Wilkins: AN ACT TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO DEFINE THE TERM "OFFICIAL CAPACITY" AND TO PROVIDE THAT A PERSON IS CONSIDERED A LOBBYIST PRINCIPAL ONLY AS TO THE PUBLIC OFFICE OR PUBLIC BODY TO WHICH HE HAS AUTHORIZED A LOBBYIST TO ENGAGE IN LOBBYING; TO AMEND SECTION 2-17-20, AS AMENDED, RELATING TO THE REGISTRATION OF LOBBYISTS, SO AS TO PROVIDE THAT THE REGISTRATION MUST CONTAIN AN IDENTIFICATION OF THE PUBLIC OFFICE OR PUBLIC BODY WHICH THE LOBBYIST WILL ENGAGE IN LOBBYING, AND ADD TO THE REQUIREMENTS OF THE REGISTRATION FORM THAT IF A LOBBYIST FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE IS AUTHORIZED TO ENGAGE IN LOBBYING THEN THE LOBBYIST'S PRINCIPAL FOR WHOM THE LOBBYIST IS AUTHORIZED TO ENGAGE IN LOBBYING IS DEEMED A LOBBYIST PRINCIPAL AS TO ALL OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPAL, SO AS TO PROVIDE THAT IF THE LOBBYIST PRINCIPAL FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE HAS AUTHORIZED LOBBYING, THEN THE LOBBYIST'S PRINCIPAL IS DEEMED A LOBBYIST'S PRINCIPAL AS TO ALL PUBLIC OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-65, RELATING TO THE REVIEW OF REPORTS FOR COMPLIANCE BY THE STATE ETHICS COMMISSION, SO AS TO DELETE THE AUTHORITY OF THE ATTORNEY GENERAL TO PROCEED UNDER THE PROVISIONS OF SECTION 2-17-70 AND AUTHORIZE THE ETHICS COMMISSION TO FILE A COMPLAINT AGAINST THE PERSON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 2-17-90, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED FOR THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS AN OFFICIAL OR AN EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION CLEARLY INCIDENTAL TO THE SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC OFFICIALS OR EMPLOYEES RECEIVING COMPENSATION FOR SPEAKING BEFORE AUDIENCES AND EXCEPTIONS AND RULES FOR PAYMENT OF EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, A PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND PROVIDE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST UNDER SECTION 8-13-1110 MUST REPORT ON HIS STATEMENT THE ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES, THE AMOUNT OF THE PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT, REQUIRE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST OR TO WHOM IS PAID OR REIMBURSED ACTUAL EXPENSES FOR SPEAKING MUST REPORT THE SAME INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS ASSOCIATED, TO PROVIDE THAT IF THE EXPENSES ARE INCURRED OUT OF STATE THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE CHIEF EXECUTIVE OF THE DEPARTMENT OF THE STATE OR ANY STATE BOARD, COMMISSION, AGENCY, OR AUTHORITY, INCLUDING COMMITTEES OF ANY BODY BY WHATEVER NAME KNOWN, IN ALL OTHER CASES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO CLARIFY IN THE DEFINITION OF "CANDIDATE" THAT IT ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS KNOWLEDGE OF THE SOLICITATION, TO INCLUDE WITHIN A DEFINITION "ELECTION" THAT IT ALSO MEANS A BALLOT MEASURE, AND TO PROVIDE A DEFINITION OF "OFFICIAL CAPACITY" AND "STATE BOARD, COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS CONTAINED IN SECTION 8-13-320, AND TO DELETE AND TO PROVIDE THAT THE APPROVAL OF THE CHAIRMAN INSTEAD OF AN AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION IS REQUIRED TO ISSUE SUBPOENAS FOR THE PROCUREMENT OF WITNESSES AND MATERIALS RELEVANT TO THE AGENCY'S INVESTIGATION; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE REGISTRATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS TO OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND SECTION 8-13-715, AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND TO REQUIRE CERTAIN INFORMATION TO BE INCLUDED IN A STATEMENT OF ECONOMIC INTEREST BY THOSE INDIVIDUALS REQUIRED TO FILE THE STATEMENT, AND REQUIRE THAT THESE INDIVIDUALS WHO ARE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST BUT WHO IS PAID OR REIMBURSED ACTUAL EXPENSES FOR A SPEAKING ENGAGEMENT MUST REPORT THIS INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF THE COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS AN OFFICIAL RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED, RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A PUBLIC OFFICIAL, MEMBER, OR AN EMPLOYEE WITH AN OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD OF THE CONTRACTS AWARDED THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO AMEND SECTION 8-13-785, RELATING TO COMMUNICATION BY AN ELECTED OFFICIAL WITH A STATE BOARD OR COMMISSION ON BEHALF OF A CONSTITUENT, SO AS TO DELETE PROVISIONS WHICH PROVIDED THAT THE PROVISIONS OF ARTICLES ONE THROUGH ELEVEN OF CHAPTER 13, DO NOT PROHIBIT A PUBLIC OFFICIAL FROM CONTRACTING WITH THE STATE OR A GOVERNMENTAL ENTITY WHEN THE CONTRACT IS AWARDED IN ACCORDANCE WITH CHAPTER 35 OF TITLE 11; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE REFERENCE TO "CONSULTANT"; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE CERTAIN PROVISIONS REFERENCING PERSONAL PROPERTY, AND INCLUDE PROVISIONS WHICH REQUIRE THE NAME OF EACH ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES OF THE FILER FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, THE AMOUNT OF SUCH PAYMENT FOR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO INCLUDE PROVISIONS WHERE A CREDITOR IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S AGENCY OR DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1125, SO AS TO PROVIDE THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 DO NOT APPLY TO AN EVENT WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, IF THE INVITATION IS EXTENDED TO THE ENTIRE MEMBERSHIP OF THE HOUSE, THE SENATE, OR THE GENERAL ASSEMBLY THEN THE INVITATION IS ACCEPTED BY THE HOUSE OR SENATE INVITATION COMMITTEES PURSUANT TO HOUSE OR SENATE RULES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE THAT THE HOUSE AND THE SENATE INVITATION COMMITTEES SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND SECTION 8-13-1150, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTEREST BY CERTAIN CONSULTANTS, SO AS TO DELETE A REFERENCE TO "STATEMENT OF ECONOMIC INTEREST"; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT A "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS THE KNOWLEDGE OF THE SOLICITATION, AND TO DELETE FROM THE DEFINITION OF "CONTRIBUTION" A REFERENCE TO BALLOT MEASURE, AND PROVIDE THAT "ELECTION" ALSO MEANS A BALLOT MEASURE, AND TO INCLUDE FROM THE DEFINITION OF "INDEPENDENT EXPENDITURE" AN EXPENDITURE MADE BY A PERSON TO ADVOCATE AN ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR BALLOT MEASURE, AND TO DELETE FROM THE DEFINITION OF "NONCANDIDATE COMMITTEE" A REFERENCE TO BALLOT MEASURE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO DELETE CERTAIN REFERENCES AND TO PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS FOLLOWING THE END OF EACH CALENDAR QUARTER IN WHICH THE CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT PURSUANT TO THE PROVISIONS OF SECTION 8-13-1370 AND TO CHANGE THE TIME FOR MAINTAINING OF A CURRENT LIST OF ALL CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS FROM THE TWENTY-DAY PERIOD BEFORE THE ELECTION TO THE TIME COMMENCING AT THE BEGINNING OF THE CALENDAR QUARTER OF THE ELECTION, AND TO REQUIRE A COMMITTEE TO FILE A CAMPAIGN REPORT LISTING EXPENDITURES IF IT MAKES AN INDEPENDENT EXPENDITURE OR AN INCURRED EXPENDITURE WITHIN THE CALENDAR QUARTER IN WHICH THE ELECTION IS CONDUCTED OR TWENTY DAYS BEFORE THE ELECTION, WHICHEVER TIME IS GREATER INSTEAD OF TWENTY DAYS BEFORE THE ELECTION UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE THAT CERTAIN REPORTS MUST BE COMBINED AND FILED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION WITHIN FIVE RATHER THAN TWO BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF PUBLIC FUNDS, PROPERTY OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO PROVIDE THAT THE SECTION DOES NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A GOVERNMENTAL ENTITY OR RESPONSE TO NEWS MEDIA OR CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE AFFECTING A GOVERNMENTAL ENTITY AND PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON RATHER THAN "A PERSON", AND APPLY THE SECTION TO MAKING AN EXPENDITURE, RATHER THAN "INDEPENDENT EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS AMENDED, RELATING TO THE FILING OF THE STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE RELATING TO TIME AFTER RECEIVING A CANDIDATE'S STATEMENT OF ECONOMIC INTEREST, AND PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR PETITION FOR NOMINATION NO LATER THAN FIVE BUSINESS DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE STATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN RICHLAND COUNTY.
(R581) H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: AN ACT TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS EFFECTIVE JANUARY 1, 1996.
(R582) H. 4142 -- Reps. Quinn, Wright and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.
(R583) H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-41-20, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM PARTNERSHIP ACT, SO AS TO DEFINE "REGISTERED LIMITED LIABILITY PARTNERSHIP"; TO AMEND SECTION 33-41-210, RELATING TO THE DEFINITION OF A PARTNERSHIP AND ITS APPLICATION TO LIMITED PARTNERSHIPS, SO AS TO INCLUDE WITHIN THIS DEFINITION REGISTERED LIMITED LIABILITY PARTNERSHIPS; TO AMEND SECTIONS 33-41-370, 33-41-510, 33-41-960, 33-41-1010, AND 33-41-1060, RELATING IN GENERAL TO THE LIABILITY OF A PARTNER AND THE RIGHTS AND DUTIES OF A PARTNER, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY INCLUDING PROVIDING THAT PARTNERS IN REGISTERED LIMITED LIABILITY PARTNERSHIPS ARE NOT LIABLE FOR THE NEGLIGENCE, WRONGFUL ACTS, OR MISCONDUCT COMMITTED BY ANOTHER PARTNER OR AN EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PARTNERSHIP AND THAT PARTNERS IN REGISTERED LIMITED LIABILITY PARTNERSHIPS THAT RENDER PROFESSIONAL SERVICES ARE NOT LIABLE FOR THE NEGLIGENCE, WRONGFUL ACTS, MISCONDUCT, OR OMISSIONS OF OTHER PARTNERS, AGENTS, OR EMPLOYEES OF THE REGISTERED LIMITED LIABILITY PARTNERSHIP UNLESS THE PARTNER IS AT FAULT IN APPOINTING, SUPERVISING, OR COOPERATING WITH THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 33-41-1110 THROUGH 33-41-1220 TO PROVIDE FOR THE WAY IN WHICH LIMITED LIABILITY PARTNERSHIPS ARE FORMED, FOR THE WAY IN WHICH FOREIGN LIMITED LIABILITY PARTNERSHIPS ARE FORMED AND ARE GOVERNED, AND FOR MISCELLANEOUS PROVISIONS AFFECTING LIMITED LIABILITY PARTNERSHIPS.
(R584) H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
(R585) H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: AN ACT TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100 AND TO FURTHER PROVIDE THAT THIS PROVISION DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE, AND THE OFFENSE OF ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, AND TO INCLUDE ACCESSORY AND ATTEMPT TO COMMIT ANY VIOLENT CRIME AS A VIOLENT CRIME AND TO REPEAL THE PROVISION REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS AMENDED, RELATING TO EMBEZZLEMENT, SECTION 16-13-385, AS AMENDED, RELATING TO TAMPERING OF UTILITY METERS, AND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-14-20, SECTIONS 16-14-40, AS AMENDED, 16-14-60, AS AMENDED, AND 16-14-70, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993; TO ADD SECTION 16-25-90 SO AS TO PROVIDE THE TIME WHICH MUST BE SERVED BY AN INMATE WHO HAS PRESENTED EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE IN CONNECTION WITH THEIR OFFENSE; TO ADD 17-23-170 SO AS TO PROVIDE FOR THE ADMISSIBILITY OF EVIDENCE OF BATTERED SPOUSE SYNDROME IN A CRIMINAL ACTION; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS 44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED, RELATING TO TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT; TO REPEAL CHAPTER 25 OF TITLE 2 RELATING TO THE CRIME STUDY COMMITTEE; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO VEST THE AUTHORITY TO HEAR A PETITION IN A CIRCUIT COURT JUDGE; TO AMEND, AS AMENDED, 17-22-60, AS AMENDED, RELATING TO PRETRIAL INTERVENTION SO AS TO REMOVE THE AGE REQUIREMENT; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO PROVIDE ACCESS TO THESE RECORDS FOR LAW ENFORCEMENT; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; TO AMEND SECTION 23-3-120, AS AMENDED, RELATING TO CRIMINAL INFORMATION REPORTED TO SLED, SO AS TO REQUIRE REPORTING ON JUVENILES; TO AMEND SECTION 24-19-10, RELATING TO THE YOUTHFUL OFFENDER ACT SO AS TO REVISE THE DEFINITION OF 'YOUTHFUL OFFENDER'; TO AMEND 20-7-600, AS AMENDED, RELATING TO PREADJUDICATORY DETENTION OF JUVENILES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR DETENTION; TO AMEND SECTION 20-7-2115, AS AMENDED, RELATING TO THE JUVENILE PAROLE BOARD, SO AS TO AUTHORIZE THE BOARD RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES TO EMPLOY A DIRECTOR; TO ADD SECTION 24-3-93 SO AS PROHIBIT PRISONERS FROM WEARING JEWELRY AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 16-1-120 SO AS TO PROVIDE FOR INCREASED SENTENCING OF OFFENDERS FOR SUBSEQUENT OFFENSES; TO ADD SECTION 24-3-81 AND TO ADD SECTION 24-3-951 SO AS TO PROHIBIT PRISONERS FROM HAVING CONJUGAL VISITS AND FROM POSSESSING UNITED STATES CURRENCY AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 24-21-10 SO AS TO PROVIDE PROCEDURES FOR FILLING VACANCIES ON THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; TO AMEND SECTIONS 24-26-20, 24-26-30, 24-26-40, AND 24-26-50 ALL RELATING TO THE SENTENCING GUIDELINES COMMISSION AND TO ADD SECTION 24-26-60, SO AS TO FURTHER PROVIDE FOR ITS MEMBERSHIP AND ITS DUTIES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS UNDER THE STATE PROCUREMENT CODE, SO AS TO EXEMPT THE PURCHASE OF GOODS AND SERVICES MADE BY STATE PRISON INDUSTRIES; TO AMEND SECTION 17-25-70, RELATING TO CONVICTED PRISONERS PERFORMING LABOR SERVICES TO GOVERNMENTAL ENTITIES, SO AS TO FURTHER PROVIDE FOR THE SCOPE OF SUCH LABOR; TO AMEND SECTIONS 24-3-30 AND 24-3-40, RELATING TO THE DETENTION AND USE OF PRISONERS TO PERFORM SERVICES FOR GOVERNMENTAL ENTITIES, SO AS TO PROVIDE FOR CONTRACTS RELATING TO THEIR DETENTION AND PROVIDE THAT WAGES EARNED BY A PRISONER IN A PRISON INDUSTRY PROGRAM MUST BE PAID TO THE DEPARTMENT OF CORRECTIONS FOR DISBURSEMENT TO THE PRISONER; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO ALLOW A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR A POLITICAL SUBDIVISION OF THIS STATE TO CONTACT AND REQUEST THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, RELATING TO THE USE OF ELECTRONIC MONITORING DEVICES, SO AS TO PROVIDE THAT THE DEVICE MUST BE USED IN ACCORDANCE WITH THE DEPARTMENT'S INSTRUCTIONS; TO AMEND SECTION 40-5-310, RELATING TO THE PRACTICE OF LAW, SO AS TO INCREASE THE PENALTIES FOR THE UNLAWFUL PRACTICE OF LAW; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO EXEMPT CERTAIN SERVICES PERFORMED BY PRISONERS; TO REPEAL SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, AND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100 ALL RELATING TO COUNTY CHAINGANGS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO ADD SECTIONS 59-66-20 AND 59-66-30 SO AS TO PROVIDE FOR SAFETY COORDINATORS IN SCHOOLS AND METAL DETECTORS IF FUNDS ARE AVAILABLE; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY FOR CERTAIN OFFENSES TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE AND TO RESTRICT THE USE OF THIS INFORMATION; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO PREADJUDICATORY DETENTION OF JUVENILES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE OFFENSE OCCURRED IS RESPONSIBLE TO PAY FOR THESE DETENTION SERVICES; TO CLARIFY THE DELETION OF A REPEAL RELATING TO THE SENTENCING GUIDELINES COMMISSION; AND TO AMEND SECTION 24-26-10, RELATING TO THE SENTENCING GUIDELINES COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO AMEND SECTIONS 24-9-20 AND 24-9-30, BOTH AS AMENDED, BOTH RELATING TO PRISON FACILITIES SO AS TO FURTHER PROVIDE FOR THE INSPECTION OF LOCAL CONFINEMENT FACILITIES; AND TO AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO STATUS OFFENDERS, SO AS TO INCLUDE A CHILD WHO IS IN CONTEMPT OF COURT.
(R586) H. 4330 -- Reps. Fair, Corning, Snow and Harvin: AN ACT TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING A MOTOR VEHICLE IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE LENGTH OF MOTOR VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION, REVISE THE LENGTH LIMITATIONS FOR TRAILERS, SEMITRAILERS, TWO UNIT TRUCK TRACTOR-TRAILERS AND SEMITRAILERS, AND PROVIDE REQUIREMENTS FOR FIFTY-THREE FOOT TRAILERS.
(R587) H. 4376 -- Reps. Kirsh and Rudnick: AN ACT TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.
(R588) H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: AN ACT TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR CERTAIN COLLABORATION ACTIVITIES AMONG SCHOOLS, EDUCATIONAL AGENCIES, AND VARIOUS ENTITIES TO PREVENT SCHOOL VIOLENCE, FOR PARENTAL RESPONSIBILITY TO PREVENT SCHOOL VIOLENCE, AND FOR JUDICIAL RESPONSES TO SCHOOL VIOLENCE AND TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTICE TO HIS PARENTS, SO AS TO PROVIDE FOR CERTAIN OTHER NOTICES, FOR THE CONDITIONS UNDER WHICH THE CHILD MAY BE RELEASED, AND FOR OTHER RELATED MATTERS; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES.
(R589) H. 4460 -- Rep. McTeer: AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE AND TO PROVIDE THAT MATERNITY LEAVE INCLUDES PATERNITY LEAVE, TO EXTEND THE ELECTION PERIOD FOR THE RETIREMENT INCENTIVE IN THE CASE OF CERTAIN STATEWIDE APPOINTED OFFICIALS AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD THROUGH DECEMBER 15, 1995, TO WAIVE CERTAIN YEARS OF SERVICE REQUIREMENTS FOR STATE-PAID HEALTH INSURANCE BENEFITS FOR A RETIREE.
(R590) H. 4473 -- Reps. Snow, Law and Riser: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S PLACE OF CONFINEMENT AND WORK AT PAID EMPLOYMENT, SO AS TO PROHIBIT THE PLACE OF CONFINEMENT OF CERTAIN PRISONERS FROM BEING EXTENDED; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER WORKING AT PAID EMPLOYMENT, SO AS TO FURTHER PROVIDE FOR THOSE PRISONERS WHICH QUALIFY AND TO PROVIDE THAT NO PRISONER WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS ELIGIBLE FOR UNEMPLOYMENT COMPENSATION UPON TERMINATION FROM THE PROGRAM; TO AMEND SECTION 41-27-260, RELATING TO EMPLOYMENT EXEMPTED FROM THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT SERVICES PERFORMED BY AN INMATE WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS EXEMPT.
(R591) H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST, BUT THAT THIS PROVISION SHALL BE WITHOUT PREJUDICE TO THE FILING OF A CLAIM WITH THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR THE FILING OF A CLAIM WITH ANY OTHER GUARANTY ASSOCIATION OR SIMILAR ORGANIZATION IN ANOTHER STATE.
(R592) H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: AN ACT TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
(R593) H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.
(R594) H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: AN ACT TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR UPON THE LIVES OF THE TRUSTOR AND HIS SPOUSE, CHILDREN, OR PARENTS, AND BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.
(R595) H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES AND TO PROVIDE THAT THE TRANSFER PETITION AND NOTICE OF OBJECTION MAY BE FILED WITH A CIRCUIT COURT JUDGE RATHER THAN THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE.
(R596) H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: AN ACT TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE, TO DELETE THE LIMITATION ON THE INCREASED BENEFITS APPLYING ONLY TO THOSE RETIRING AFTER JUNE 30, 1990, AND TO MAKE ANY BENEFIT INCREASES PROSPECTIVE ONLY.
(R597) H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE RECIPROCITY; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO PROVIDE FOR THE EXPIRATION OF CURRENT BOARD TERMS, INTERIM GOVERNANCE OF THE BOARD; AND STAGGERED TERMS FOR NEW APPOINTEES; AND TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY, AND THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.
(R598) H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: AN ACT TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO REQUIRE CERTAIN ACTIONS BY THE STATE BOARD OF EDUCATION, THE STATE DEPARTMENT OF EDUCATION, SCHOOL DISTRICT BOARDS OF TRUSTEES, AND OTHER AGENCIES AND ENTITIES IN ORDER TO IMPLEMENT VARIOUS COMPONENTS OF THE SCHOOL-TO-WORK SYSTEM, TO ESTABLISH A SCHOOL-TO-WORK ADVISORY COUNCIL TO FACILITATE THE IMPLEMENTATION OF THE SCHOOL-TO-WORK SYSTEM, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A GROUP OF REPRESENTATIVES FROM VARIOUS AGENCIES TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM, TO ESTABLISH ANOTHER GROUP OF REPRESENTATIVES FROM VARIOUS AGENCIES TO REVIEW CERTAIN ASPECTS OF THE SCHOOL-TO-WORK SYSTEM ESTABLISHED ABOVE; TO PROVIDE THAT THE REQUIREMENTS OF THIS ACT DO NOT APPLY TO PRIVATE SCHOOLS OR HOME SCHOOLS, TO PROVIDE THAT STUDENTS WHO PERFORM WORK AT A NONSCHOOL LOCATION PURSUANT TO AN APPRENTICESHIP OR MENTORING PROGRAM MUST HAVE THE WRITTEN PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS, AND TO REQUIRE APPROPRIATE TEXTBOOKS AND INSTRUCTIONAL MATERIALS FOR CERTAIN CURRICULUM.
(R599) H. 4691 -- Ways and Means Committee: AN ACT TO APPROPRIATE FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND ALLOW THESE APPROPRIATIONS TO BE CARRIED FORWARD AND EXPENDED FOR THE SAME PURPOSE IN FISCAL YEAR 1994-95; TO AMEND SECTION 12-47-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ABATEMENTS OR REFUNDS FROM THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THESE REFUND PROVISIONS APPLY TO ANY TAX OR FEE ADMINISTERED BY THE DEPARTMENT, TO RATIFY THE TERMS OF THE SETTLEMENT OF THE BASS AND PERRI CASES, TO PROVIDE FOR STATE INDIVIDUAL INCOME TAX REFUNDS FOR CERTAIN FEDERAL RETIREES TO BE PAID IN TWO EQUAL INSTALLMENTS IN 1995 AND 1996 AND PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE REFUNDS MUST BE CLAIMED AND PAID, TO PROVIDE FOR THE PAYMENT OF REFUNDS PAID TO INTESTATE DECEDENTS PURSUANT TO THE SETTLEMENT AGREEMENT AND THIS ACT, TO INCREASE TEMPORARILY THE BORROWING AUTHORITY FROM THE INCOME RESERVE FUND UNDER THE INSTALLMENT PURCHASE PROGRAM FOR INITIATING THE STATE HOUSE RENOVATION PROJECT, TO EXTEND THE RETIREMENT INCENTIVE ELECTION PERIOD IN THE CASE OF CERTAIN APPOINTED STATEWIDE OFFICIALS AND IN CERTAIN HARDSHIP CASES; TO AMEND ACT 164 OF 1993, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1993-94, BY DELETING PARAGRAPH 3.54 OF PART I, SO AS TO ELIMINATE THE TRANSFER OF LEGISLATIVE BRANCH CARRIED FORWARD APPROPRIATIONS TO THE GENERAL FUND OF THE STATE; AND TO REPEAL SECTION 12-47-447 OF THE 1976 CODE, RELATING TO PAYMENT OF TAX REFUNDS.
(R600) H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: AN ACT TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY SPECIAL ELECTION.
(R601) H. 4733 -- Rep. Clyborne: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE THAT ALL MONIES RECEIVED BY A PROPERTY MANAGER AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION MUST BE DEPOSITED WITHIN FORTY-EIGHT HOURS OF RECEIPT, EXCLUDING SATURDAYS, SUNDAYS, AND BANK HOLIDAYS, IN A SEPARATE ESCROW OR REAL ESTATE TRUST ACCOUNT SO DESIGNATED, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 40-57-170, AS AMENDED, RELATING TO REAL ESTATE BROKERS AND OTHER REAL ESTATE PRACTITIONERS AND INVESTIGATIONS, SUSPENSION OR REVOCATION OF LICENSES, ASSESSMENT OF FINES, AND ISSUANCE OF CEASE AND DESIST ORDERS AND OTHER ORDERS, SO AS TO PERMIT DISCIPLINARY ACTION AS TO A BROKER FOR THE BROKER'S FAILING TO PLACE, WITHIN FORTY-EIGHT HOURS OF RECEIPT, EXCLUDING SATURDAYS, SUNDAYS, AND BANK HOLIDAYS, ANY DEPOSIT MONEY OR OTHER MONEY RECEIVED BY HIM IN A REAL ESTATE TRANSACTION IN A SEPARATE TRUST OR ESCROW ACCOUNT MAINTAINED BY HIM IN A BANKING INSTITUTION AUTHORIZED TO DO BUSINESS IN THIS STATE, AND SO AS TO PERMIT DISCIPLINARY ACTION AS TO A BROKER OR PROPERTY MANAGER FOR THE BROKER'S OR PROPERTY MANAGER'S FAILING TO DEPOSIT ALL SECURITY DEPOSITS, DAMAGE DEPOSITS, ADVANCE FEES, AND RENTAL PROCEEDS RECEIVED BY THE BROKER OR PROPERTY MANAGER WITHIN FORTY-EIGHT HOURS OF RECEIPT, EXCLUDING SATURDAYS, SUNDAYS, AND BANK HOLIDAYS, IN A SEPARATE ESCROW OR REAL ESTATE TRUST ACCOUNT SO DESIGNATED.
(R602) H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: AN ACT TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
(R603) H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 25, TITLE 5, SO AS TO ENACT PROVISIONS OF LAW REGULATING SMOKE DETECTORS, INCLUDING PROVISIONS ESTABLISHING A MISDEMEANOR OFFENSE AND PROVIDING PENALTIES.
(R604) H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: AN ACT TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN; TO DELETE PROVISIONS RELATING TO THE DETERMINATION OF GUARDIANSHIP AND THE COMMON-LAW OBLIGATION TO SUPPORT CHILDREN; AND TO DELETE PROVISIONS THAT PROHIBIT A MOTHER'S LIABILITY FOR SUPPORTING HER CHILDREN FROM BEING INCREASED UNDER THIS SECTION.
(R605) H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: AN ACT TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; AND TO EXEMPT THOSE MATTERS FROM THE DIVISION WHICH ARE OTHERWISE PROVIDED FOR IN TITLE 56, OR THOSE OTHER CASES OR HEARINGS WHICH ARE PRESCRIBED FOR OR MANDATED BY FEDERAL LAW OR REGULATION, UNLESS SPECIFICALLY ASSIGNED TO THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 1-23-650, RELATING TO RULES GOVERNING THE INTERNAL ADMINISTRATION AND OPERATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE PROPOSED BY THE CHIEF JUDGE OF THE DIVISION AND ADOPTED BY A MAJORITY OF THE JUDGES OF THE DIVISION, OR PROPOSED BY ANY JUDGE OF THE DIVISION AND ADOPTED BY SEVENTY-FIVE PERCENT OF THE JUDGES OF THE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED, SO AS TO PROVIDE THAT RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION WHICH ARE CONSISTENT WITH THE RULES OF PROCEDURE GOVERNING CIVIL ACTIONS IN COURTS OF COMMON PLEAS AND NOT OTHERWISE EXPRESSED IN CHAPTER 23 OF TITLE 1 OF THE 1976 CODE SHALL UPON APPROVAL BY A MAJORITY OF THE JUDGES OF THE DIVISION BE PROMULGATED BY THE DIVISION, AND SHALL BE SUBJECT TO REVIEW AS ARE RULES OF PROCEDURE PROMULGATED BY THE SUPREME COURT UNDER ARTICLE V OF THE CONSTITUTION, AND SO AS TO PROVIDE THAT THE DIVISION SHALL ADOPT THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AS ITS TEMPORARY RULES OF PROCEDURE TO REMAIN IN EFFECT UNTIL PERMANENT RULES ARE PROMULGATED; SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS; SECTION 1-23-640, AS AMENDED, RELATING TO THE LOCATION WHERE THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HEAR CONTESTED CASES, SO AS TO PROVIDE THAT THE DIVISION SHALL HEAR CASES AT ITS OFFICES OR AT OTHER LOCATIONS AS DETERMINED BY THE CHIEF JUDGE; SECTION 8-11-260, RELATING TO THE STATE EMPLOYEE PERSONNEL ADMINISTRATION SYSTEM, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 8-17-370, RELATING TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; AND SECTION 1-23-500, AS AMENDED, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO DIRECT THE JUDICIAL COUNCIL TO STUDY THE FEASIBILITY AND CONSTITUTIONALITY OF MAKING THE ADMINISTRATIVE LAW JUDGE DIVISION A PART OF THE UNIFIED JUDICIAL SYSTEM, AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY AND THE CHIEF JUSTICE OF THE SUPREME COURT BY JANUARY 15, 1995.
(R606) H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: AN ACT TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
(R607) H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: AN ACT TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.
(R608) H. 4811 -- Rep. G. Bailey: AN ACT TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
(R609) H. 4820 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR, TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR NONRECURRING PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO REQUIREMENTS APPLICABLE TO INCOME TAX WITHHOLDING, SO AS TO PROVIDE THAT THESE REQUIREMENTS AUTOMATICALLY CONFORM TO FEDERAL WITHHOLDING REQUIREMENTS WHEN THE STATE INCOME TAX LAW FEDERAL REFERENCE DATE CHANGES; TO AMEND SECTION 11-11-140, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL OPERATE AS AN "OTHER-FUNDED AGENCY" AND THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE FOR A SPECIFIC TRANSFER TO THE GENERAL FUND FOR FISCAL YEAR 1994-95; AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO DETERMINE, UPON WORKING WITH OTHERS WHETHER AN ADJUSTMENT SHOULD BE MADE IN THE LICENSE FEES CHARGED TO MOTOR CARRIERS BEGINNING FISCAL YEAR 1995-96; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST INCLUDE IN THE SOUTH CAROLINA PLAN FOR VOCATIONAL - TECHNICAL EDUCATION PLAN THE CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND PROVIDE THE LEVEL OF FUNDING TO BE INCLUDED IN THAT PLAN; TO AMEND SECTION 44-20-355, AS AMENDED, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF THE ADDITIONAL GASOLINE TAX, SO AS TO REVISE THE USE, CLARIFY THE REFERENCES TO THE DEPARTMENTS OF TRANSPORTATION AND REVENUE AND TAXATION, REVISE THE REQUIREMENTS FOR AND EXPENDITURES BY COUNTY TRANSPORTATION COMMITTEES, AND PROVIDE FOR INSULATION FROM PERSONAL LIABILITY FOR THE COMMITTEES; TO AMEND SECTION 12-21-2423, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE AND LIMIT THE TERRITORY OF SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY OR INSTRUMENTALITY OF THE STATE, EXCLUDING LOCAL POLITICAL SUBDIVISIONS, SPECIAL PURPOSE DISTRICTS, AND SPECIAL TAXING DISTRICTS, SHALL ENTER INTO SETTLEMENT OF CERTAIN LITIGATION, DISPUTES, OR CLAIMS REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT OR FROM ANY OTHER SOURCE OF PUBLIC FUNDS WITHOUT PRIOR WRITTEN APPROVAL OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF FEDERAL FINANCIAL PARTICIPATION, TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY THESE ENTITIES, AND TO DELETE PROVISIONS RELATING TO FORMULAS FOR REIMBURSEMENT, AND SERVICES INCLUDED FOR REIMBURSEMENT; AND TO REPEAL SECTION 20-7-1317 RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO ESTABLISH A UNIFORM THIRTY DOLLAR A TON FEE ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE WASTE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND; TO AMEND CHAPTER 55, TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES, CIVIL FINES, AND ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION SHALL REPORT ALL CASES OF SUSPECTED FALSE STATEMENT OR MISREPRESENTATION, AS DEFINED IN SECTION 38-55-530, TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 9-9-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT DEFINED AS EARNABLE COMPENSATION EFFECTIVE JANUARY 1, 1995; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-12 SO AS TO PROVIDE FOR THE REDUCTION OF CERTAIN TRANSFERS FROM THE HIGHWAY FUND TO THE GENERAL FUND OF THE STATE BEGINNING WITH SUCH TRANSFERS IN FISCAL YEAR 1994-95 AND TO PROVIDE THAT EXCEPT FOR THE FISCAL YEAR 1994-95 TRANSFER, THE REVENUES IN THE HIGHWAY FUND MUST NOT BE USED FOR PURPOSES OTHER THAN THOSE PROVIDED IN CHAPTER 27 OF TITLE 12, AND TO PROVIDE THAT THIS SECTION MAY NOT BE AMENDED OR REPEALED EXCEPT BY SEPARATE LEGISLATION; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 52 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-209 SO AS TO PROVIDE FOR THE DISTRIBUTION OF A FINE OR ASSESSMENT WHEN IT IS MADE IN INSTALLMENTS; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE COUNTY TREASURERS, MUNICIPAL TREASURERS, COUNTY CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE PROVISIONS PERTAINING TO REMITTANCE OF THE FINE; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE REQUIREMENT THAT FIVE DOLLARS OF THE ASSESSMENT BE REMITTED TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE TO DEFRAY COSTS INCURRED BY STATE LAW ENFORCEMENT DIVISION; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 23-6-470 RELATING TO FINES AND BONDS FOR CRIMINAL OR TRAFFIC VIOLATIONS HAVING A SURCHARGE ADDED TO THEM TO BE USED TO FUND TRAINING PROGRAMS; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS; AND TO PROVIDE, BEGINNING JANUARY 1, 1995, THAT EACH CLERK OF COURT, MAGISTRATE, AND MUNICIPAL COURT JUDGE MUST KEEP AN ACCOUNT OF ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUES GENERATED BY THE COURTS AND A SEPARATE ACCOUNT OF ALL ASSESSMENTS, TO PROVIDE FOR THE TIME REPORTS OF THIS INFORMATION MUST BE MADE, PROVIDE FOR A REVIEW OF THE REPORTS BY THE GENERAL ASSEMBLY AND ITS APPROPRIATE ACTION AFTER REVIEW; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VEHICLES LOANED TO DEALERS FOR TEST DRIVING PURPOSES, REVISE THE SALE REQUIREMENT AND THE NUMBER OF AUTHORIZED PLATES, DELETE THE PROVISION FOR THE COST OF THE PLATES, PROVIDE FOR THE DEFINITION OF SALE, PROHIBIT MULTIPLE TRANSFERS, PROVIDE FOR EDUCATION LICENSE PLATES, DELETE THE REFERENCES TO "FRANCHISED" AS IT APPLIES TO DEALERS SELLING HEAVY DUTY TRUCKS AT RETAIL, AND DEFINE HEAVY DUTY TRUCKS; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE FOR EXEMPTIONS FROM THE MOTOR VEHICLE TAX; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, AND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF RETAIL SALES, SO AS TO INCLUDE EDUCATION LICENSE PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-15 SO AS TO PROVIDE THAT FOR ANY OFFICE FILLED BY ELECTION OF THE GENERAL ASSEMBLY FOR WHICH SCREENING IS REQUIRED, EXCEPT FOR THE JUDICIARY, THE JOINT COMMITTEE MAY NOT ACCEPT NOTICES OF INTENTION TO SEEK SUCH OFFICE FROM ANY CANDIDATE UNTIL CERTAIN NOTICES RELATING TO THE POSITION VACANCY ARE PUBLISHED OR PROVIDED, AND TO PROVIDE THAT THE COST OF SUCH NOTICES SHALL BE ABSORBED AND PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES AS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED DEVICES, SO AS TO PROHIBIT THE LICENSING OF VIDEO GAMES WITH A FREE PLAY FEATURE OPERATED IN A WATERCRAFT OR VESSEL PLYING THE TERRITORIAL WATERS OF THIS STATE; TO PROVIDE THAT FUNDS REIMBURSED TO NONFEDERAL PROJECT SPONSORS UNDER THE TERMS OF A LOCAL COOPERATIVE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR A FEDERALLY COST-SHARED BEACH RENOURISHMENT PROJECT MUST BE REFUNDED BY THE NONFEDERAL SPONSOR TO THE STATE WITH THE STATE AND NONFEDERAL SPONSOR SHARING IN THE REIMBURSEMENT IN THE SAME RATIO AS EACH CONTRIBUTED TO THE NONFEDERAL MATCH AND TO PROVIDE THAT COASTAL COUNCIL DIVISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THESE FUNDS; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS THAT PROVIDE RECREATION OR HOSPITAL SERVICES AND MUNICIPALITIES AND TO PROVIDE ADDITIONAL REQUIREMENTS ON PARTICIPATION FOR ALL LOCAL GOVERNMENT ENTITIES PARTICIPATING IN THE STATE PLANS; TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-80 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS, PROVIDE FOR REIMBURSEMENT OF SUMS COLLECTED FOR MEDICAL TREATMENT UNDER CERTAIN CONDITIONS, AND TO REQUIRE THE DETENTION FACILITY TO INITIATE AN ACTION FOR COLLECTION OF RECOVERY OF MEDICAL COSTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX FOOD STUFFS FOR THE HOMELESS OR NEEDY THAT ARE SOLD TO NONPROFIT ORGANIZATIONS OR SUBSEQUENTLY SOLD OR DONATED BY ONE NONPROFIT ORGANIZATION TO ANOTHER NONPROFIT ORGANIZATION; TO AMEND TITLE 44 BY ADDING CHAPTER 39 SO AS TO CREATE THE DIABETES INITIATIVE OF SOUTH CAROLINA BOARD AND TO PROVIDE FOR ITS PURPOSE AND DUTIES; TO ESTABLISH A DIABETES CENTER OF EXCELLENCE AND THE DIABETES OUTREACH COUNCIL AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND TO PROVIDE FOR THEIR POWERS, DUTIES, AND FUNCTIONS; TO CHANGE THE PROJECTS IDENTIFIED IN THE SENIOR CITIZENS CENTER SURVEY PUBLISHED BY THE COMMISSION ON AGING IN OCTOBER, 1989, AND UPDATED AUGUST 1, 1990, AND REFERENCED IN SUBSECTION (B)(1) OF SECTION 32, PART II, ACT 171 OF 1991, BY CREATING PRIORITY NUMBERS 2 AND 2A FOR FUNDING WITH STATE MONIES AS THE SENIOR CENTERS IN MONCKS CORNER AND GOOSE CREEK LOCATED IN BERKELEY COUNTY, BOTH PROJECTS FOR PLAN YEAR 1991-92 AND TO AUTHORIZE THE EXPENDITURE OF UP TO ONE THOUSAND DOLLARS BY THE OFFICE OF THE GOVERNOR, DIVISION OF AGING, IN ADMINISTERING THE REDESIGNATION OF PRIORITIES AND PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE MUST APPROVE THE EXPENDITURE OF FUNDS AUTHORIZED BY THIS SECTION; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME AND AMOUNTS SUBJECT TO WITHHOLDING FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REVISE THE WITHHOLDING REQUIREMENTS FOR PAYMENTS OF RENTALS AND ROYALTIES TO NONRESIDENTS, PRIZES AND AWARDS TO RESIDENTS AND NONRESIDENTS, AND CONTRACTUAL PAYMENTS TO NONRESIDENTS FOR CONDUCTING BUSINESS OR PERFORMING PERSONAL SERVICES TEMPORARILY IN THIS STATE, REVISE THRESHOLD WITHHOLDING REQUIREMENTS AND ALLOW EXEMPTION FROM WITHHOLDING BY ENTITIES REGISTERING WITH THE SECRETARY OF STATE OR DEPARTMENT OF REVENUE AND TAXATION AGREEING TO THE JURISDICTION OF THE DEPARTMENT AND THE COURTS OF THIS STATE TO DETERMINE TAX LIABILITY, TO RELIEVE THE PAYOR OF THE REQUIREMENT TO WITHHOLD WHEN THE PAYEE PROVIDES AN AFFIDAVIT STATING THAT THE PAYEE IS REGISTERED, AND TO PROVIDE FOR THE REVOCATION OF THE REGISTRATION EXEMPTION; AND TO AMEND SECTIONS 33-15-105 AND 33-42-1620, RELATING TO THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THIS STATE AND THE REGISTRATION OF A FOREIGN LIMITED PARTNERSHIP TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CONFORM THESE PROVISIONS TO THE REVISED WITHHOLDING PROVISIONS OF THIS SECTION; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO THE DEFINITIONS OF THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ASSESSMENTS USED ARE THE AUDITED ASSESSMENTS BY SCHOOL DISTRICT SUBMITTED ANNUALLY TO THE COMPTROLLER GENERAL, TO REVISE THE DATE BY WHICH THE AUDITOR MUST REPORT AUDITED ASSESSED VALUES FROM FEBRUARY FIRST TO OCTOBER FIRST AND TO CLARIFY AND REVISE REPORTING REQUIREMENTS; TO REQUIRE THE SALES RATIO DATA USED TO CALCULATE THE INDEX TO CONFORM TO THE MOST RECENT STUDIES CORRESPONDING TO THE BASE YEAR AND TO DEFINE BASE YEAR, AND TO PROVIDE FOR THE DEPARTMENT OF REVENUE AND TAXATION TO PROVIDE A PRELIMINARY INDEX BY NOVEMBER FIRST OF EACH YEAR AND A FINAL INDEX BY FEBRUARY FIRST; TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-175 SO AS TO PROVIDE FOR TEMPORARY RETAIL PERMITS TO SELL BEER AND WINE; TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND SECTION 56-1-140, RELATING TO THE ISSUANCE OF LICENSES AND THEIR CONTENTS, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-200, RELATING TO DUPLICATE LICENSES, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF LICENSES, SO AS TO REVISED THE RENEWAL DATE; AND TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION OF MOTOR VEHICLES, SO AS TO PROVIDE FOR STAGGERED REGISTRATION RENEWAL DATES; TO AMEND THE 1976 CODE BY ADDING SECTION 27-2-85 SO AS TO PROVIDE FOR THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY, SECTION 27-2-95 SO AS TO ENSURE STATE MAPPING PRODUCTS ARE COMPATIBLE WITH THE COORDINATE SYSTEM, AND SECTION 27-2-105 SO AS TO REQUIRE THE SURVEY TO ASSIST IN DEFINING AND MONUMENTING COUNTY BOUNDARIES; TO AMEND SECTION 1-30-75, RELATING TO THE COMPOSITION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CORRECT REFERENCES TO THE WILDLIFE AND MARINE RESOURCES COMMISSION, WILDLIFE AND FRESHWATER FISHERIES DIVISION, AND GEOLOGICAL SURVEY OF THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO DELETE A REFERENCE TO THE DIVISION OF GEOLOGICAL MAPPING AND STATE GEOLOGIST; TO AMEND SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION, TO DELETE A REFERENCE TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION, AND TO CHANGE A REFERENCE TO GEOLOGICAL MAPPING TO GEOLOGICAL SURVEY; AND TO AMEND CHAPTER 22, TITLE 48, RELATING TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE GEOLOGICAL MAPPING DIVISION REFERENCES TO THE GEOLOGICAL SURVEY UNIT OF THE DEPARTMENT, CHANGE THE REFERENCE TO GEOLOGICAL MAPPING TO GEOLOGICAL SURVEY, PROVIDE FOR THE GEODETIC SURVEY TO REMAIN WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, AND DELETE DUPLICATIVE PROVISIONS; TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO DELETE THE REQUIREMENT FOR NEW PLATES AT LEAST EVERY SIX YEARS AND PROVIDE FOR THE REVALIDATION AND REPLACEMENT OF PERMANENT PLATES; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM BUT FOR THE PERSON'S CURRENT EMPLOYMENT COVERED BY A CORRELATED RETIREMENT SYSTEM TO ELECT TO RECEIVE SUCH BENEFITS; AND TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO REQUIREMENTS TO RETIRE AND CALCULATION OF BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO CONFORM IT TO THE AMENDED PROVISIONS OF SECTION 9-9-40; TO AMEND THE 1976 CODE BY ADDING SECTION 11-5-260 SO AS TO PROVIDE THAT A CHECK ISSUED BY THE STATE TREASURER IF NOT PRESENTED FOR PAYMENT WITHIN TWO YEARS OF ITS ISSUE, THE AMOUNT OF THE CHECK MUST BE CREDITED BACK TO THE STATE TREASURY AND THE CHECK WRITTEN OFF THE BOOKS AND TO PROVIDE FOR THE REISSUE OF A CHECK ON SATISFACTORY PROOF OF NONPAYMENT; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO AMEND SECTION 48-48-80, AS AMENDED, RELATING TO THE DISPOSAL OF NONREGION LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL FACILITY, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF THE FEES ON NONREGION WASTE, BEGINNING WITH REVENUE COLLECTED IN FISCAL YEAR 1993-94, TO THE GENERAL FUND AND TO BARNWELL COUNTY, AND TO PROVIDE THAT EFFECTIVE JULY 1, 1994, NONREGION WASTE MAY NOT BE IMPORTED AND DISPOSED OF AT THE BARNWELL FACILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2330 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES AND SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY WITH MANUFACTURER'S LICENSE PLATES; AND TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO PROVIDE A TAX EXEMPTION FOR A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FREE SAMPLES OF PRESCRIPTION MEDICINE DISTRIBUTED BY ITS MANUFACTURER AND ANY SUBSEQUENT USE OF THESE SAMPLES AND TO EXEMPT MEDICINE DONATED BY ITS MANUFACTURER TO A PUBLIC INSTITUTION OF HIGHER EDUCATION FOR RESEARCH PURPOSES OR FOR TREATMENT OF INDIGENT PATIENTS; TO AMEND SECTION 61-3-425 RELATING TO THE REQUIREMENT THAT APPLICANTS FOR BEER, WINE, AND ALCOHOLIC LIQUOR LICENSES NOT OWE DELINQUENT FEDERAL OR STATE TAXES, PENALTIES, OR INTEREST FOR THE LICENSE TO ISSUE, SO AS TO EXTEND THE REQUIREMENTS TO LICENSE RENEWALS AND TRANSFERS, PROVIDE THAT THE TAX STATUS OF THE APPLICANT IS DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION AND THE INTERNAL REVENUE SERVICE RATHER THAN REQUIRE THE APPLICANT TO SUBMIT A SIGNED STATEMENT FROM THOSE AGENCIES, AND TO PROVIDE THAT THOSE AGENCIES SHALL NOTIFY AN APPLICANT OF THE REQUIREMENTS TO COMPLY WITH THIS SECTION, AND TO REPEAL ARTICLE 7, CHAPTER 54, TITLE 12 RELATING TO THE REVOCATION OF PROFESSIONAL LICENSES BY THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE CREDIT TO BE CLAIMED WHEN THE TAXPAYER CREATES ONE HUNDRED FIFTY OR MORE JOBS SUBSTANTIALLY EQUIVALENT TO THE CURRENT MINIMUM REQUIREMENT OF SEVENTY-FIVE FULL-TIME JOBS AND TO DEFINE "SUBSTANTIALLY EQUIVALENT"; TO AMEND SECTION 12-7-1245, AS AMENDED, RELATING TO CORPORATE INCOME TAX CREDITS FOR CORPORATE HEADQUARTERS, SO AS TO CHANGE THE CRITERIA FOR QUALIFYING FOR THE CREDIT BY REDUCING THE NUMBER OF NEW JOBS WHICH MUST BE CREATED; TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 44-2-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPLY ELIGIBILITY REQUIREMENTS FOR THE SUPERB PROGRAM IN A MANNER THAT FAVORS ELIGIBILITY AND PROVIDE THAT SITES ONCE QUALIFIED FOR COMPENSATION REMAIN QUALIFIED; BY ADDING SECTION 44-2-150 SO AS TO ESTABLISH THE SUPERB ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND RESPONSIBILITIES INCLUDING STUDYING AND REPORTING ON FUNDING FOR THE SUPERB PROGRAM; BY AMENDING SECTION 44-2-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO DELETE DEFINITIONS FOR "DIRECT BILLING" AND "REIMBURSEMENTS" AND TO DEFINE "COMPENSATION"; BY AMENDING SECTION 44-2-40, AS AMENDED, RELATING TO THE SUPERB ACCOUNT AND SUPERB RESPONSIBILITY FUND, SO AS TO DELETE REFERENCES TO DIRECT BILLING AND REIMBURSEMENTS AND PROVIDE INSTEAD FOR COMPENSATION, AND PROVIDE LIMITS ON CERTAIN SITE REHABILITATION EXPENSES, TO DELETE THE CAP ON THE SUPERB ACCOUNT AND REVISE THE FUNDING OF THE SUPERB RESPONSIBILITY FUND; BY AMENDING SECTION 44-2-50, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OF CRITERIA FOR SITE REHABILITATION FUNDED THROUGH THE SUPERB PROGRAM, SO AS TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS ESTABLISHING RISK-BASED CRITERIA AND SITE SPECIFIC CLEANUP LEVELS; BY AMENDING SECTION 44-2-90, AS AMENDED, RELATING TO THE ABOLITION OF THE ENVIRONMENTAL IMPACT FEE AND USE OF RESIDUAL FUNDS, SO AS TO EXTEND THE FEE THROUGH 2026; BY AMENDING SECTION 44-2-110, AS AMENDED, RELATING TO THE EARLY DETECTION INCENTIVE PROGRAM, SO AS TO PROVIDE FOR COMPENSATION AND DELETE REFERENCES TO DIRECT BILLING AND REIMBURSEMENT AND DELETE OBSOLETE PROVISIONS; AND BY AMENDING SECTION 44-2-130, AS AMENDED, RELATING TO PAYMENTS FROM THE SUPERB ACCOUNT, SO AS TO REVISE THE COMPENSATION REQUIREMENTS; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO ELIGIBILITY FOR RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A RETIREE UNDER THIS SYSTEM WHO SUBSEQUENTLY IS ELECTED TO THE GENERAL ASSEMBLY MUST BE A MEMBER OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY UNLESS THE MEMBER ELECTS NOT TO BE A MEMBER BY FILING A WRITTEN STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE; AND TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF A RETIRED JUDGE OR SOLICITOR TO STATE SERVICE, SO AS TO ELIMINATE REFERENCES TO CONDITIONS UNDER WHICH A RETIRED JUDGE OR SOLICITOR MAY RETAIN RETIREMENT BENEFITS FOLLOWING ELECTION TO THE GENERAL ASSEMBLY; TO PROVIDE THAT FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS ARE DESIGNATED AS ESSENTIAL COMMUNITY PROVIDERS FOR UNDERSERVED PATIENTS AND MUST BE INCLUDED AS CONTRACTED ENTITIES IN ANY FORMULATION OF THE STATE HEALTH CARE SYSTEM; TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE BY ADDING ARTICLE 24 SO AS TO ESTABLISH THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN; TO PROVIDE FOR ITS PURPOSES, DUTIES, AND FUNCTIONS; TO IDENTIFY RESPONSIBILITIES OF STATE AGENCIES IN DEVELOPING THIS SYSTEM AND IN SERVING THESE CHILDREN; TO ESTABLISH THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN TO FUND THIS SYSTEM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO IMPLEMENT A PILOT PROGRAM IN CONNECTION WITH ITS RESPONSIBILITIES UNDER THIS SYSTEM; AND TO DIRECT CERTAIN STATE AGENCIES TO TRANSFER MONIES FOR THIS POPULATION TO THIS FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2335 SO AS TO PROVIDE FOR RESEARCH AND DEVELOPMENT LICENSE PLATES AND SECTION 12-37-2722 SO AS TO PROVIDE EXEMPTIONS FROM THE MOTOR VEHICLE TAX; TO AMEND THE 1976 CODE BY ADDING SECTIONS 57-3-130 THROUGH 57-3-190 SO AS TO TRANSFER CERTAIN MOTOR VEHICLE, TRUCK, MOBILE HOME, AND MODULAR PERMIT REQUIREMENTS TO TITLE 57 AND PROVIDE FOR THE TRANSFER OF RELATED RESPONSIBILITIES TO THE DEPARTMENT OF TRANSPORTATION; AND TO REPEAL SECTIONS 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, AND 56-5-4205 RELATING TO THE PERMIT REQUIREMENTS; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO LICENSE REINSTATEMENT FEES AND THEIR USE, AND SECTION 56-3-3950, AS AMENDED, RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO ESTABLISH THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" WITHIN THE DEPARTMENT OF TRANSPORTATION; CLARIFY THE ADMINISTRATION OF THE FUND BY THE DEPARTMENT; AND CLARIFY REFERENCES TO DEPARTMENT; TO RATIFY THE TERMS OF THE SETTLEMENT OF THE BASS AND PERRI CASES, TO PROVIDE FOR STATE INDIVIDUAL INCOME TAX REFUNDS FOR CERTAIN FEDERAL RETIREES TO BE PAID IN TWO EQUAL INSTALLMENTS IN 1995 AND 1996 AND PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE REFUNDS MUST BE CLAIMED AND PAID, AND TO PROVIDE FOR THE PAYMENT OF REFUNDS PAID TO INTESTATE DECEDENTS PURSUANT TO THE SETTLEMENT AGREEMENT AND THIS SECTION; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO EXTEND THE MAXIMUM TAX TO HORSE TRAILERS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-21-160 SO AS TO PROVIDE FOR THE METHOD OF DISTRIBUTION TO SCHOOL DISTRICTS OF STATE FUNDS APPROPRIATED FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE AN EXISTING BOND AUTHORIZATION FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AMEND SECTION 39-41-255, RELATING TO THE REQUIREMENT THAT RETAIL MOTOR FUEL OUTLETS SHALL POST SELF-SERVICE PUMP GASOLINE PRICES, SO AS TO ALLOW THE POSTING ON THE PUMP PRICE MECHANISM OF THE PRICE OF THE TYPE OF GASOLINE AVAILABLE AT THAT PUMP TO SATISFY THE POSTING REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 55-11-500, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS FOR POLLUTION CONTROL EQUIPMENT, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR CERTAIN EQUIPMENT WHICH SERVES A DUAL PURPOSE; TO AMEND CHAPTER 111, TITLE 59 OF THE 1976 CODE BY ADDING ARTICLE 9 SO AS TO CREATE THE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND FOR THE PURPOSE OF ESTABLISHING ENVIRONMENTAL SCHOLARS ENDOWMENTS AT QUALIFYING INSTITUTIONS TO AWARD SCHOLARSHIPS OR FELLOWSHIPS TO STUDENTS PURSUING CERTAIN DEGREES IN ENVIRONMENTAL STUDIES OR ENVIRONMENTAL SCIENCES; TO PROVIDE FOR THE FINANCING OF THE FUND AND REQUIREMENTS FOR THE ESTABLISHMENT OF ENDOWMENTS BY THE QUALIFYING INSTITUTIONS; TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES, SO AS TO PROVIDE FOR THE ASSIGNMENT INSTEAD OF ISSUANCE OF LICENSE PLATES, FOR LEASED AS WELL AS OWNED VEHICLES, AND FOR THE DEPOSIT OF RELATED FEES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-38-65 SO AS TO PROVIDE THAT THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT DOES NOT APPLY TO GOVERNMENTAL ENTITIES AND GOVERNMENTAL EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AND THAT THE TORT CLAIMS ACT IS THE SOLE REMEDY FOR ANY TORT COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY ACTING WITHIN THE SCOPE OF HIS OFFICIAL DUTY; AND TO PROVIDE THAT CERTAIN PROVISIONS OF SECTIONS 15-78-100 AND 15-78-120 OF THE 1976 CODE ARE REENACTED AND MADE RETROACTIVE TO APRIL 5, 1988, UNDER CERTAIN CONDITIONS AND TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND CHAPTER 3, TITLE 23, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING ARTICLE 7 SO AS TO CREATE A SEX OFFENDER REGISTRY WHICH REQUIRES STATE RESIDENTS WHO HAVE BEEN CONVICTED OF CERTAIN SEX OR OTHER OFFENSES TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH THEY RESIDE; TO AMEND SECTION 25-3-40, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON ONLY MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED; TO AMEND SECTION 2-7-76, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A BILL REQUIRING THE EXPENDITURE OF FUNDS BY A COUNTY OR MUNICIPALITY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE; TO AMEND SECTION 48-39-145, AS AMENDED, RELATING TO PERMITS FOR ALTERATION OF CRITICAL AREAS IN THE COASTAL TIDELANDS AND WETLANDS, SO AS TO INCREASE THE AMOUNT FROM FIFTY DOLLARS TO FIFTY-ONE DOLLARS THAT THE DEPARTMENT MAY CHARGE FOR AN APPLICATION FEE; TO PROVIDE REQUIREMENTS FOR CONSTRUCTION OF MARINA AND COMMERCIAL DOCK FACILITIES; AND TO DELETE THE PROVISIONS FOR FORWARDING FEES; TO AMEND SECTION 1-20-10, AS AMENDED, RELATING TO INFORMATION REQUIRED TO BE FURNISHED TO THE STATE REORGANIZATION COMMISSION BY THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE THE COUNCIL TO FURNISH THE EFFECTIVENESS, IN ADDITION TO THE EFFICIENCY OF THE ADMINISTRATION OF THE PROGRAMS OR FUNCTIONS OF THE AGENCY UNDER REVIEW; TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO TERMINATION DATES FOR PARTICULAR AGENCIES, SO AS TO DELETE THE TIMETABLE FOR TERMINATION OF THESE AGENCIES AND PROVIDE THAT THE REORGANIZATION COMMISSION SHALL DETERMINE ANNUALLY WHICH AGENCIES OR AGENCIES' PROGRAMS, OR BOTH, ARE TO BE TERMINATED, AND PROVIDE THAT ON OR BEFORE THE FIRST DAY OF JULY OF EACH YEAR, THE COMMISSION SHALL NOTIFY THE LEGISLATIVE AUDIT COUNCIL AND THE AGENCY TO BE REVIEWED OF THE AGENCY'S TERMINATION DATE, AND PROVIDE THAT THE AGENCY SHALL TERMINATE ON THE THIRTIETH OF JUNE FOLLOWING THE RELEASE OF THE AUDIT COUNCIL'S REPORT; AND TO AMEND SECTION 1-20-60, AS AMENDED, RELATING TO THE REAUTHORIZATION OF THE EXISTENCE OF AN AGENCY SCHEDULED FOR TERMINATION, SO AS TO DELETE THE PROVISIONS RELATING TO REAUTHORIZING AN AGENCY AND ITS REGULATIONS FOR PERIODS NOT TO EXCEED SIX YEARS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES FOR CERTAIN MANUFACTURING PROJECTS, SO AS TO PROVIDE FOR A REDUCTION IN THE MINIMUM EIGHTY-FIVE MILLION DOLLARS INVESTMENT THRESHOLD BASED ON THE NUMBER OF JOBS CREATED BY THE PROJECT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT POSTAGE PURCHASED BY A PERSON ENGAGED IN THE BUSINESS OF MAILING OR DIRECTING THE MAILING OF THE PRINTED ADVERTISING MATERIAL THROUGH THE UNITED STATES MAIL DIRECTLY TO CUSTOMERS OR POTENTIAL CUSTOMERS; TO AMEND SECTION 12-36-110, RELATING TO THE DEFINITION OF A RETAIL SALE, SO AS TO INCLUDE IN THE DEFINITION COIN OPERATED TELEPHONE (COCOT) PROVIDERS; TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2335 SO AS TO PROVIDE FOR LICENSED MOTOR VEHICLE DEALERS TO ISSUE FIRST-TIME MOTOR VEHICLE REGISTRATIONS AND LICENSE TAGS DIRECTLY FROM THE DEALERSHIP; TO AMEND SECTION 12-36-1710, AS AMENDED, RELATING TO THE CASUAL EXCISE TAX, SO AS TO CHANGE REFERENCES TO COMMISSION TO DEPARTMENT AND REVISE THE REQUIREMENTS FOR SUBMISSION OF A BILL OF SALE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS TO WHOM A DRIVER'S LICENSE MUST NOT BE ISSUED, SO AS TO REVISE THE CONDITIONS TO WHICH THE PROHIBITION APPLIES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE TIME FOR WHICH THE PERMIT IS ISSUED AND ITS FEE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS, SO AS TO INCLUDE PERMITS AS WELL AS LICENSES IN THE REQUIREMENT FOR VERIFICATION OF LIABILITY INSURANCE COVERAGE; TO AMEND SECTION 56-1-100, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS BY UNEMANCIPATED MINORS, SO AS TO PROVIDE FOR VERIFICATION OF RENEWAL APPLICATIONS; TO AMEND SECTION 56-3-210, RELATING TO THE TIME REQUIRED TO PROCURE A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO EXTEND THE TIME; TO AMEND SECTION 56-3-230, RELATING TO APPLICATIONS FOR THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE THE SIGNATURE ACKNOWLEDGEMENT REQUIREMENT FOR APPLICATIONS; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE USE OF DEALER LICENSE PLATES IN DRIVER EDUCATION PROGRAMS; TO AMEND SECTION 56-10-10, AS AMENDED, RELATING TO THE REQUIREMENT FOR MOTOR VEHICLE FINANCIAL SECURITY, SO AS TO REVISE THE INSURANCE EVIDENCE REQUIREMENT; AND TO AMEND SECTION 56-15-320, AS AMENDED, RELATING TO APPLICATIONS AND REQUIREMENTS FOR WHOLESALER AND DEALER LICENSES, SO AS TO DELETE THE BOND OR PROPER CONTINUATION CERTIFICATE REQUIREMENT BEFORE LICENSE RENEWAL; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND, SO AS TO PROVIDE THAT MONIES AUTHORIZED FROM THE FUND FOR RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL ACTIVITIES INCLUDE PROVIDING ONE HUNDRED THOUSAND DOLLARS FOR STAFFING; TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO OFFICIAL INSPECTION STATIONS FOR MOTOR VEHICLES, SO AS TO INCREASE THE TOTAL FEES FOR THE INSPECTION AND THE CERTIFICATE FROM THREE DOLLARS TO FIVE DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO NOTE ON THE PURCHASE INVOICE THE EXEMPT ITEMS, STATE THAT THE PURCHASES ARE FOR EXEMPT PURPOSES, AND SIGN THE PURCHASE INVOICE, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH AN INVOICE MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE; TO AMEND THE 1976 CODE BY ADDING SECTION 57-3-130 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO CERTAIN AGREEMENTS TO FINANCE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, ROADS, STREETS, AND BRIDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1273 SO AS TO PROVIDE A TEMPORARY NONREFUNDABLE STATE INCOME TAX CREDIT EQUAL TO TEN PERCENT OF THE QUALIFIED WAGES PAID TO A PERSON WHO WAS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OR REALIGNMENT OF A FEDERAL MILITARY INSTALLATION AND TO PROVIDE DEFINITIONS; TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE STATE DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION RECORD DATABASE ACT, ESTABLISH THIS DATABASE IN THE STATE LAW ENFORCEMENT DIVISION, REQUIRE CONVICTED OFFENDERS OF CERTAIN SEX-RELATED CRIMES AND VIOLENT CRIMES TO SUBMIT A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR DNA TESTING TO BE INCLUDED IN THIS DATABASE, AND PROVIDE EXPUNGEMENT PROCEDURES, CONFIDENTIALITY REQUIREMENTS, AND PENALTIES; AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT AND THE REQUIREMENTS UNDER IT ARE CONTINGENT UPON ANNUAL APPROPRIATIONS OF SUFFICIENT FUNDING AND UPON PROMULGATION OF REGULATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT LOCAL GOVERNING BODIES CHARGING REAL ESTATE TRANSFER FEES MUST, ON A QUARTERLY BASIS, REMIT ALL SUCH FEES COLLECTED TO THE STATE TREASURER OR MAY VOLUNTARILY ELECT TO HAVE THE AMOUNT OF FEES COLLECTED DEDUCTED FROM AID TO SUBDIVISIONS DISTRIBUTIONS AND TO SUSPEND THE PROVISIONS OF SECTION 6-1-70 THROUGH JANUARY 1, 1997, IN THE CASE OF A REAL ESTATE TRANSFER TAX OR FEE IMPOSED ON OR BEFORE AUGUST 1, 1993; TO REQUIRE A CERTAIN FUNDING TO THE DEPARTMENT OF EDUCATION TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYER CONTRIBUTION FUNDS, AND TO PROVIDE FOR A SUSPENSION OF THE APPLICATION OF SECTION 59-21-160 OF THE 1976 CODE IN ANY SCHOOL DISTRICT WHERE A CHANGE IN THE DISTRIBUTION OF FUNDS FOR EMPLOYER CONTRIBUTIONS IS NOT FULLY FUNDED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1994-95; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION; TO AMEND CHAPTER 111, TITLE 59, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR ONE-HALF TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND TECHNICAL SCHOOLS FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THE PROCEDURES FOR THE GRANTING OF SUCH ONE-HALF TUITION; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED; AND TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW RETROACTIVELY AN ADJUSTMENT FOR THE FEDERAL MERCHANT MARINE CAPITAL CONSTRUCTION INCENTIVE; TO AMEND THE 1976 CODE BY ADDING SECTION 44-55-2332 SO AS TO DEFINE "LIFEGUARD" FOR PURPOSES OF THE PUBLIC SWIMMING POOL REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE AUTHORIZATION FOR THE STATE BUDGET AND CONTROL BOARD TO ISSUE AND SELL BONDS, NOTES, AND OTHER OBLIGATIONS FOR THE PURPOSE OF ACQUIRING FACILITIES LOCATED AT 3150 HARDEN STREET IN THE CITY OF COLUMBIA TO BE USED AND OCCUPIED BY STATE DEPARTMENTS AND AGENCIES, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 9-11-525, RELATING TO INCREASES IN MONTHLY BENEFITS PAID PURSUANT TO THE POLICE INSURANCE AND ANNUITY FUND, SO AS TO INCREASE THESE BENEFITS EFFECTIVE JULY 1, 1994; TO AMEND SECTION 41-35-110, RELATING TO CONDITIONS OF ELIGIBILITY FOR EMPLOYMENT SECURITY BENEFITS, SO AS TO ADD AS A CONDITION OF ELIGIBILITY FOR BENEFITS A FINDING BY THE EMPLOYMENT SECURITY COMMISSION THAT AN UNEMPLOYED INSURED WORKER PARTICIPATES IN REEMPLOYMENT SERVICES IF HE HAS BEEN DETERMINED TO BE LIKELY TO EXHAUST REGULAR BENEFITS AND NEED REEMPLOYMENT SERVICES PURSUANT TO A PROFILING SYSTEM ESTABLISHED BY THE COMMISSION, EXCEPT UPON CERTAIN FINDINGS BY THE COMMISSION; TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, OF THE 1976 CODE RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES; AND TO AMEND SECTION 5-3-150 OF THE 1976 CODE, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION SIGNED BY ALL OR SEVENTY-FIVE PERCENT OF LANDOWNERS, SO AS TO PROVIDE HOW REAL PROPERTY OWNED BY A GOVERNMENTAL ENTITY IS TO BE CONSIDERED AND VALUED UNDER THIS SECTION INCLUDING REQUIRING THE STATE'S CONSENT FOR ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED TO THE STATE.
(R610) H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
(R611) H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
(R612) H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: AN ACT TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS, TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS, AND TO REVISE THE REQUIREMENTS FOR A SETTLEMENT AFFIDAVIT WHEN THE CHILD IS THE RECIPIENT OF PUBLIC ASSISTANCE; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO ADD SECTION 44-7-77 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A PROGRAM PROMOTING OBTAINING IN-HOSPITAL PATERNITY ACKNOWLEDGMENTS; AND TO ADD SECTION 44-63-75, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATE FORMS.
(R613) H. 4839 -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.
(R614) H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF U. S. INTERSTATE I-85 BETWEEN THE NORTH CAROLINA AND GEORGIA STATE LINES AND OTHER SECTIONS EXISTING CURRENTLY OR BEING CONSIDERED OR PROPOSED FOR THE U. S. INTERSTATE SYSTEM LOCATED IN SOUTH CAROLINA AND PROVIDE REQUIREMENTS FOR THE STUDY.
(R615) H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: AN ACT TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT; AND TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "A PERSON RESPONSIBLE FOR A CHILD'S WELFARE".
(R616) H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.
(R617) H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
(R618) H. 4872 -- Rep. Houck: AN ACT TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
(R619) H. 4873 -- Rep. Houck: AN ACT TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS FOR NARCOTICS AND CONTROLLED SUBSTANCES USE INCIDENTAL TO THEIR PROFESSION, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
(R620) H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE FOR THE DEPARTMENT OF CORRECTIONS; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE; TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE DEPARTMENT OF EDUCATION, SCHOOL FOR THE DEAF AND BLIND, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; AND AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT.
(R621) H. 4954 -- Rep. Klauber: AN ACT 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, TO DEFINE PUBLIC HOUSING AND TO PROVIDE A PENALTY AND REQUIRE RESTITUTION FOR VIOLATION.
(R622) 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: AN ACT TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR FOUR OPTIONS WHICH MAY BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM.
(R623) H. 5033 -- Rep. Phillips: AN ACT TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT EMPLOYEE OF A STATE AGENCY OR DEPARTMENT MUST BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS AND NO CREDIT MAY BE GIVEN FOR ANY OUT-OF-STATE TEACHING SERVICE OR OTHER SERVICE WITH AN OUT-OF-STATE SCHOOL DISTRICT.
(R624) H. 5037 -- Ways and Means Committee: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY; AND TO PROVIDE THAT WHEN BONDS ISSUED BY THE SOUTH CAROLINA RESOURCES AUTHORITY ARE RETIRED, CHAPTER 37 OF TITLE 11 OF THE 1976 CODE IS REPEALED.
(R625) H. 5053 -- Rep. M.O. Alexander: AN ACT 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, PERMIT THE FUND TO FILE NOTICE OF LIEN WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES OF ANY COUNTY IN WHICH THE EMPLOYER HAS ASSETS IN THE SAME MANNER AS THE FILING OF SOUTH CAROLINA TAX LIENS, 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 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; AND TO AMEND SECTION 42-5-20, RELATING TO THE REQUIREMENT ON EMPLOYERS TO CARRY WORKERS' COMPENSATION INSURANCE OR PROVIDE PROOF OF FINANCIAL ABILITY TO PAY CLAIMS, SO AS TO PROVIDE THAT IN LIEU OF SUBMITTING AUDITED FINANCIAL STATEMENTS WHEN AN EMPLOYER MAKES AN APPLICATION TO SELF-INSURE WITH THE WORKERS' COMPENSATION COMMISSION, THE COMMISSION SHALL ACCEPT THE SWORN STATEMENT OR AFFIDAVIT OF AN INDEPENDENT AUDITOR VERIFYING THE FINANCIAL CONDITION OF THE EMPLOYER ACCORDING TO THE REQUIRED FINANCIAL RATIOS AND GUIDELINES ESTABLISHED BY REGULATION OF THE COMMISSION, AND PROVIDE THAT THE INDEPENDENT AUDITOR MUST BE A CERTIFIED PUBLIC ACCOUNTANT USING GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES IN THE PREPARATION OF THE FINANCIAL STATEMENT OF THE EMPLOYER.
(R626) H. 5084 -- Reps. Wilkins and McTeer: AN ACT TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE THAT THE UNITED STATES MAY ACCEPT EXCLUSIVE JURISDICTION OR CONCURRENT JURISDICTION IN AND OVER ANY FEDERAL CORRECTION FACILITY SO ACQUIRED BY THE UNITED STATES PURSUANT TO THE CONSENT GIVEN BY SECTION 3-1-110 WHICH IS CEDED TO THE UNITED STATES FOR ALL PURPOSES EXCEPT THE SERVICE UPON SUCH SITES OF ALL CIVIL AND CRIMINAL PROCESS OF THE COURTS OF THIS STATE, AND PROVIDE THAT THE JURISDICTION SO CEDED CONTINUES NO LONGER THAN THE UNITED STATES OWNS SUCH FEDERAL CORRECTION FACILITIES.
(R627) H. 5094 -- Rep. Rhoad: AN ACT 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; TO AMEND SECTION 50-9-140, AS AMENDED, RELATING TO NONRESIDENT SHOOTING PRESERVE HUNTING LICENSES, SO AS TO INCLUDE RESIDENT LICENSES AND REVISE THE COST OF THE LICENSES; AND TO CREATE AND PROVIDE FOR THE COMMISSION ON SPORTING DOGS AND FIELD TRIALS.
(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
(R629) H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R630) H. 5205 -- Reps. Tucker and Chamblee: AN ACT TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.
(R631) H. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: AN ACT TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF SPARTANBURG COUNTY, AND ABOLISH THE COUNTY BOARD OF EDUCATION; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR THE OVERSIGHT COMMITTEE'S MEMBERSHIP, CHAIRMAN, AND POWERS, DUTIES, AND FUNCTIONS; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY; TO PROVIDE THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS BY THE SPARTANBURG COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE PAYMENT PROCEDURES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO PROVIDE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION MUST BE SOLD AND THE PROCEEDS FROM THE SALE MUST BE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY MEMBERSHIP IN EACH OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY.
At 7:27 P.M. the House in accordance with the motion of Rep. RISER adjourned Sine Die in memory of Thad Allen Billings of West Columbia.
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