Printed Page 7940, June 2
| Printed Page 7960, June 2
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Printed Page 7940, June 2
| Printed Page 7960, June 2
| 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
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.
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,
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,
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:
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| Printed Page 7960, June 2
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