The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee:
A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL, RELATING TO THE TITLE V OPERATING PERMIT PROGRAM,
DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF
ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
Rep. CARNELL explained the Bill.
S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED
Rep. BOAN explained the Bill.
S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
Rep. MARTIN explained the Bill.
S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
The following Joint Resolution was taken up.
H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15970AC.94), which was adopted.
Amend the joint resolution, as and if amended, by deleting Section 2(A)(1)(d) and (e) and inserting:
/(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;/
Amend further by deleting Section 2(A)(2) and inserting:
/(2) One elected official and one representative of indigenous sea island and related populations from each of the following, to be selected by the resident legislators of each respective county:
(a) Beaufort County;
(b) Jasper County;
(c) Colleton County;
(d) Charleston County;
(e) Georgetown County;
(f) Horry County./
Amend further by deleting Section 5 and inserting:
/SECTION 5. Members of the task force must be appointed before June 16, 1994, and the task force shall submit its initial recommendations to the General Assembly before February 1, 1995. Upon submitting its final recommendations before February 1, 1996, the task force is dissolved./
Amend title to conform.
Rep. BARBER explained the amendment.
The amendment was then adopted.
Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16005AC.94), which was adopted.
Amend the joint resolution, as and if amended, Section 2(A)(3) by adding appropriately lettered items to read:
/( ) one representative of forestry;
( ) one representative of agriculture;/
Renumber items to conform.
Amend title to conform.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Item (g) of Section 3 of Article X of the Constitution of this State is amended by adding at the end:
"The governing body of a municipality may by ordinance exempt from municipal ad valorem taxation for not more than five years:
(1) all new corporate headquarters, corporate office facilities, distribution facilities located in the municipality, and additions to such facilities; and
(2) all facilities of new enterprises engaged in research and development activities located in the municipality, and additions to such facilities.
The exemptions allowed pursuant to this paragraph are subject to those terms and conditions that the General Assembly may provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots
"Must Section 3 of Article X of the Constitution of this State be
amended so as to permit a municipal governing body to exempt from municipal ad
valorem taxation for not more than five years all new corporate headquarters,
corporate office facilities, or distribution facilities, and additions to such
facilities located in the municipality and to permit a similar exemption for all
facilities of new enterprises engaged in research and development activities and
additions to such facilities located in the municipality and to provide that
these exemptions are subject to the terms and conditions the General Assembly
may provide by law?
Rep. KIRSH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on
the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Koon
Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Townsend Trotter Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Davenport
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5618HTC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 9 and inserting:
/SECTION 9. Section 8 of this act takes effect upon approval by the Governor. Section 3 of this act applies with respect to payments made pursuant to Section 9-1-1850(A) of the 1976 Code after June 30, 1994. The remaining sections apply with respect to payments made after June 30, 1995, to establish retirement system service credit./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4033 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15987AC.94), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of 1988, is amended to read:
"Section 16-3-740. Within fifteen days of the conviction of any a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, if the conduct results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, the solicitor shall require that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or
SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:
"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the convicted offender or adjudicated juvenile offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, must be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is