Printed Page 7930, June 2
| Printed Page 7950, June 2
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Printed Page 7930, June 2
| Printed Page 7950, June 2
| 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.
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
(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
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
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;
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:
(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.
/s/Senator Edward E. Saleeby, Chairman/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.
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.
Printed Page 7930, June 2
| Printed Page 7950, June 2
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