Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord, our Heavenly Father, always near to bless, may we go through the hours of this day with a strong and steadfast faith in God. We are often tempted to surrender to discouragement and defeat when the poisonous arrows of temptation are aimed to tear us apart from the best. Give to all who serve in this hall of government fairness of appraisal, poise under pressure, the kindly heart, nobility of goodness, and a child-like faith in God. May we never shun or shirk responsibility or fall below the example of those, who in days gone, feared life so little because they feared God so much.
Grant 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. LIMBAUGH moved that when the House adjourns, it adjourn in memory of J. R. Bryan Jackson of Florence, which was agreed to.
May 29, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3300, R. 419, an Act:
TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.
While I strongly endorse the positive changes this bill makes to the Sex Offender Registry, I am vetoing it because it sends a completely wrong and mixed message about how this State views sex offenses.
The mixed message is the result of a single provision added during conference committee. The provision decreases the penalties for Criminal Sexual Conduct with a Minor, Second Degree.
This is a major change to the criminal laws of our State and is, quite simply, the wrong thing to do.
On the one hand, with this bill, we are getting tougher on those who have committed sex offenses. That is just and right and I support that wholeheartedly. On the other hand, we are saying that it is now morally and legally acceptable to the people of South Carolina for a fourteen year old girl to engage in sexual intercourse as long as the other person is not older than eighteen. In addition to sending the message that we are no longer concerned about the high rate of teenage pregnancies, the breakdown of families, unwed mothers and too-young mothers sucked into the welfare vacuum, it is, again, simply the wrong thing to do.
In addition to lowering the line of defense for our most vulnerable teenage girls, this provision makes it tougher for Solicitors to prosecute rapists. For example, it would require a Solicitor presenting a rape case in which the victim is 14 and the offender is 18 to prove--which he does not have to do now--that the young victim did not consent to the sexual battery.
I firmly believe that we should be making it easier, not harder, to prosecute rapists.
Since this legislation was hurried through the General Assembly in only eleven legislative days, I feel confident that the majority of those voting for this bill were unaware of this unacceptable provision. They, like I, are strong supporters of the positive changes provided in this bill. I will work with them and with the victims' advocates to ensure passage of a totally positive and clean bill next session: a bill that does not send a mixed message but rather a strong and forceful one that Criminal Sexual Conduct is unacceptable in the State of South Carolina.
For these reasons, I am returning H. 3300, R. 419 of 1996 with my veto.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 29, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval R. 432, H. 4737, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.
This veto is based upon my belief that the information technology provisions may be accomplished by Executive Order, and that the Information Resources Council established by Executive Order 96-05 provides broader representation and more flexibility than the Information Technology Advisory Council created by the bill. I have given the Budget and Control Board responsibility for staffing the Information Resources Council. The Order streamlines the technology oversight process and avoids needless duplication.
In addition, I object to amending the composition of the ETV Commission to limit the individuals who may be appointed. In an era of government restructuring and increased accountability, this bill diminishes the governor's authority and represents a step backwards in executive responsibility.
I am aware that the Reorganization Commission has determined that the ETV Commission will sunset on June 30, 1996. However, the agency will continue in existence until July 1, 1997, during which time it retains all of its powers and authority. I do not intend by this veto to sunset Educational Television. The General Assembly has ample time to pass an appropriate reauthorization bill.
For the above reasons, I am returning H. 4737, R. 432, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The Senate amendments to the following Bill were taken up for consideration.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Rep. HARRELL moved to adjourn debate upon the Senate amendments, which was adopted.
The following was received.
Document No. 1876
Promulgated By South Carolina Law Enforcement Division
Sex Offender Registry
Received by Speaker October 10, 1995
Referred to House Committee on Judiciary
120 Day Review Expiration Date June 19, 1996(Revised)
(Subject to Sine Die Revision)
Withdrawn May 9, 1996
Resubmitted May 30, 1996
The following was taken up for immediate consideration:
H. 5083 -- Rep. Quinn: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 14 AND 15, 1996, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives:
That the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 14 and 15, 1996, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5084 -- Rep. Quinn: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE BLATT BUILDING ON NOVEMBER 13, 1996, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives:
That the South Carolina Student Legislature is allowed the use of the Blatt Building on November 13, 1996, for its annual meeting. If the House of Representatives is in statewide session on this day, the Blatt Building may not be used on this day.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Blatt Building and the use must be in strict accordance with the policies of the House of Representatives.
The Resolution was adopted.
The following was introduced:
H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.
Whereas, the Honorable Scott Head Richardson has announced he will not seek re-election to the House of Representatives in 1996; and
Whereas, he has been a member of the House of Representatives representing District 123 in Beaufort County since 1993; and
Whereas, Representative Richardson earned a Bachelor of Arts degree in 1974 from the University of Tennessee with honors; and
Whereas, he is married to the former Margaret Ravenel Carswell and has two children, Scott and Ravenel; and
Whereas, Representative Richardson is regarded in the community as a concerned and persistent public servant who is committed to providing the best service for the benefit of all citizens of this State; and
Whereas, he has served as Chairman of Beaufort County Republican Party, board member of the Beaufort County Child Abuse Prevention Association, board member of the Hilton Head Preparatory School, and former junior warden of St. Luke's Episcopal Church; and
Whereas, Representative Richardson has made significant contributions while serving in the House of Representatives as a member of the Labor, Commerce and Industry Committee and the Rules Committee; and
Whereas, he has conscientiously represented the citizens of Beaufort County until the end of his term in 1996; and
Whereas, Representative Richardson's commitment to public service is an example for this General Assembly to follow. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate and commend the Honorable Scott Richardson for outstanding and distinguished service in the House of Representatives and extend best wishes for much success as he retires from the House of Representatives and embarks on new endeavors and challenges.
Be it further resolved that a copy of this resolution be forwarded to Mr. Scott H. Richardson.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5086 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION HONORING THE HONORABLE DOUGLAS EVANS McTEER, JR., OF HAMPTON COUNTY FOR HIS DEDICATED AND DISTINGUISHED EIGHTEEN YEARS OF CONTINUOUS SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ON THE OCCASION OF HIS RETIREMENT FROM THIS LEGISLATIVE BODY.
Whereas, it is with a sense of sadness the members of the House of Representatives have recently learned that The Honorable Douglas Evans McTeer, Jr., has decided not to seek reelection to this body; and
Whereas, Representative McTeer's decision not to seek reelection will mark the end of eighteen years of faithful service to the citizens of Hampton, Colleton, Beaufort, and Jasper Counties and to the State of South Carolina; and
Whereas, Doug was proudly born on January 3, 1951, in Hampton, South Carolina, to the parents of Douglas E. and the late Alice (Senn) McTeer; and
Whereas, he graduated from The Citadel in 1973 with a B.S. degree and from the University of South Carolina in 1975 with a M.S. degree; and
Whereas, he is married to the former Deborah Huskins and the couple have three children: Shana, Evans, and Caroline; and
Whereas, our good friend was first elected to the South Carolina House of Representatives in 1979; and
Whereas, Doug McTeer's keen insight into the rules of the House of Representatives has been ably demonstrated by his service on the Rules Committee, serving as Vice Chairman and then Chairman from 1990 to 1994; and
Whereas, Representative McTeer has distinguished himself through his many years of active and committed service on behalf of his constituents; and
Whereas, Douglas Evans McTeer, Jr., is highly deserving of recognition and of an expression of gratitude for all that he has accomplished during his tenure in the House of Representatives, and we extend to him best wishes for the future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, honor The Honorable Douglas Evans McTeer, Jr., of Hampton County for his dedicated and distinguished eighteen years of continuous service in the South Carolina House of Representatives on the occasion of his retirement from this legislative body.
Be it further resolved that a copy of this resolution be presented to The Honorable Douglas Evans McTeer, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5088 -- Reps. Townsend and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE HONORABLE MICHAEL F. JASKWHICH OF GREENVILLE COUNTY ON THE ANNOUNCEMENT OF HIS RETIREMENT AND TO THANK HIM FOR HIS DEDICATED LEADERSHIP QUALITIES AND EFFORTS ON BEHALF OF THE CITIZENS OF THE STATE OF SOUTH CAROLINA.
Whereas, our good friend, The Honorable Michael F. Jaskwhich of Greenville County has announced that he will not seek reelection to the South Carolina House of Representatives; and
Whereas, Michael Jaskwhich was born on August 7, 1942, in Greensboro, North Carolina, the son of Edward J. and Dorothy Jaskwhich; and
Whereas, he graduated from Clemson University in 1966 with a B.A. degree and the University of South Carolina in 1975 with a Masters in Business Administration; and
Whereas, Mike and his wife, the former Cynthia J. Shepherd, are blessed with six children: David, Suzanne McLean, Jordan, Margaret Sheperd, Julia, and Emrys; and
Whereas, Mike Jaskwhich is a Lieutenant Commander in the United States Naval Reserve and is a Vietnam Veteran; and
Whereas, Representative Jaskwhich was elected to the South Carolina House of Representatives in 1989; and
Whereas, he has served on the Education and Public Works Committee, 1989-1992; Governor's Task Force for Testing and Accountability, 1991; Chairman, State Arts Basic Curriculum Steering Committee, 1991-92; and Joint Legislative Committee on Cultural Affairs, 1991-92; and
Whereas, Representative Jaskwhich is the recipient of the Leadership Greenville Platinum Award; and
Whereas, he has been extremely active and involved in his community, his county, and his State including the South Carolina State Library Board; Demosthenes Foundation Board 1983-86; member, American Association of Textile Chemists and Colorists; Greenville Area Commission for Technical Comprehensive Education; 1984; Chairman, Rotary Scholarship Committee, 1984-85; charter member, North Greenville County Cedar Rockettes; Chairman and Vice Chairman, Greenville County School Board, 1984-85; Greater Greenville Chamber of Commerce Board, 1987-88, Chairman, Leadership Greenville Board of Regents, 1987-88; President, Roper Mountain Science Center Association, 1987-88; member, Greenville Rotary Club; and attends St. Giles Presbyterian Church; and
Whereas, we owe a great debt of gratitude to Mike Jaskwhich for his significant contributions to the advancement of education; and
Whereas, Greenville County and the State of South Carolina are fortunate to have had such a superb public servant in Michael F. Jaskwhich, and the General Assembly takes great pleasure in according him recognition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, extend their deep appreciation to The Honorable Michael F. Jaskwhich of Greenville County on the announcement of his retirement from the South Carolina House of Representatives and to thank him for his dedicated leadership qualities and efforts on behalf of the citizens of the State of South Carolina.
Be it further resolved that a copy of this resolution be presented to The Honorable Michael F. Jaskwhich.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5090 -- Rep. Cain: A CONCURRENT RESOLUTION TO RECOGNIZE WALHALLA HIGH SCHOOL IN OCONEE COUNTY FOR THE HONOR OF BEING SELECTED AS A "NEW AMERICAN HIGH SCHOOL" FROM AMONG THREE HUNDRED SCHOOLS NOMINATED NATIONWIDE, AND TO CONGRATULATE AND COMMEND MR. JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, FOR HIS OUTSTANDING LEADERSHIP AND FOR THE DEDICATION AND COMMITMENT TO EXCELLENCE DEMONSTRATED BY MR. HOSTETLER AND HIS FACULTY IN ATTAINING THIS EXCEPTIONAL ACHIEVEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1433 -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. HAZEL LOVELACE OF GAFFNEY FOR HER LONG AND DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER UPCOMING RETIREMENT AND WISH HER A FUTURE FULL OF GOOD HEALTH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5091 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION TO THANK OUR FRIEND AND COLLEAGUE THE HONORABLE WILLIAM D. "BILLY" KEYSERLING FOR HIS UNWAVERING COMMITMENT AND LOYAL SERVICE TO THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES ON THE OCCASION OF HIS RETIREMENT FROM THE GENERAL ASSEMBLY.
Whereas, the Honorable William D. "Billy" Keyserling will not be seeking re-election to the General Assembly in 1996; and
Whereas, he has faithfully served the citizens of House District 124 of Beaufort County since 1993; and
Whereas, Representative Keyserling was born in Beaufort County, the son of Dr. Ben Herbert and Harriet H. Keyserling; and
Whereas, he earned a Bachelor of Science degree from Brandeis University in 1971 and a Master's degree from Boston University in 1974; and
Whereas, Representative Keyserling has served on the professional staff of the United States Senate and House of Representatives in Washington, D.C.; and
Whereas, among his many leadership roles in the Beaufort County community, he has devoted many hours of hard work to the following boards: the Beaufort Marine Institute, Mainstreet Beaufort, U.S.A., and the Beaufort Little Theater; he has also devoted his leadership skills to the Greater Beaufort Chamber of Commerce, the Beaufort Council Navy League, and the Arts Council of Northern Beaufort; and
Whereas, Representative Keyserling is a distinguished, well-respected member and friend who is known by his colleagues for his diligence, tenacity, and concern for the citizens of his community, city, and State, and as a member of the Agriculture, Natural Resources and Environmental Affairs Committee; it is with deep regret that the General Assembly is losing such a dear friend and faithful servant. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly thank our dear friend and colleague the Honorable Williams D. Keyserling for his unwavering commitment and loyal service to the House of Representatives and extend best wishes on the occasion of his retirement from the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to Representative Keyserling.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1436 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ALBERT BELL, JR., REPRODUCTION DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE COUNCIL, FOR HIS LONG AND DEDICATED CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS UPCOMING RETIREMENT.
Whereas, the members of the General Assembly have learned with deep regret that Albert Bell, Jr., Reproduction Director of the South Carolina Legislative Council, will be retiring on December thirty-first of this year; and
Whereas, Albert Bell began his career of public service in 1953 at the South Carolina Department of Mental Health where he was employed as a psychiatric aide at Crafts-Farrow State Hospital in Columbia. Known for his kindness and generosity, he rendered, during those years, excellent care to the mentally ill and those unable to care for themselves; and
Whereas, after a period of time in the private sector, Mr. Bell joined the Division of General Services of the State Budget and Control Board in 1966 as Custodial Supervisor; and
Whereas, in 1977, he joined the staff of the South Carolina Legislative Council as a machine operator in the print shop where he worked tirelessly and conscientiously for the members of the General Assembly and where he quickly became known as the man to see when printing services were needed; and
Whereas, in 1994, he was promoted to the position of Reproduction Director, continuing his excellent record of providing prompt and efficient reproduction services for the General Assembly, House and Senate Committees and staff, the Legislative Council, the State Register, and the Budget Division of the Division of General Services, State Budget and Control Board; and
Whereas, Albert Bell, without question, is one of the nicest and most personable individuals ever to work in the State Capitol complex, and he will be missed by his many friends throughout state government; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank Albert Bell, Jr., for his truly outstanding service to the State of South Carolina in many varied capacities upon the occasion of his upcoming retirement. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby commend Albert Bell, Jr., Reproduction Director of the South Carolina Legislative Council, for his long and dedicated career of public service to the State of South Carolina upon the occasion of his upcoming retirement.
Be it further resolved that a copy of this resolution be forwarded to Mr. Albert Bell, Jr.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beck Breeland Brown, G. Brown, J. Brown, T. Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McAbee McCraw McMahand McTeer Neilson Phillips Rhoad Rice Richardson Riser Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 30.
Lucille S. Whipper James N. Law Jerry N. Govan, Jr. William F. Cotty Timothy F. Rogers Joseph H. Neal Richard M. Quinn, Jr. Harry C. Stille Harry R. Askins Alma W. Byrd William D. Boan Wilbur L. Cave Henry E. Brown, Jr. Michael F. Jaskwhich Ralph W. Canty Alfred B. Robinson, Jr. Becky Meacham Ronald P. Townsend Joseph T. McElveen, Jr. C. Alex Harvin III Lewis R. Vaughn Timothy C. Wilkes
LEAVES OF ABSENCE
The SPEAKER granted Rep. McKAY a leave of absence for the day.
The SPEAKER granted Rep. MARCHBANKS a leave of absence for the day.
The SPEAKER granted Reps. HASKINS and HERDKLOTZ a leave of absence for the day.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day to attend a Women In Government meeting on Health Issues for Aging.
The following Bills 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. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.
Rep. ALLISON moved to adjourn debate upon the following Bill until Wednesday, June 5, which was adopted.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. BAILEY asked unanimous consent to recall S. 66 from the Committee on Ways and Means.
Rep. McMAHAND objected.
On motion of Rep. TUCKER, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary.
S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
Rep. LITTLEJOHN asked unanimous consent to recall H. 4650 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. ALLISON asked unanimous consent to recall H. 3263 from the Committee on Education and Public Works.
Rep. HALLMAN objected.
On motion of Rep. J. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
The veto on the following Bill was taken up.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH moved to adjourn debate upon the veto until Friday, May 31, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. SHARPE moved to adjourn debate upon the Senate amendments.
Rep. MEACHAM moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beck Breeland Cobb-Hunter Davenport Hallman Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse McMahand McTeer Meacham Seithel Sheheen Shissias Simrill Walker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Brown, G. Brown, J. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Harrell Harris, P. Inabinett Kinon Kirsh Knotts Koon Limbaugh Littlejohn Lloyd Martin Mason McAbee McCraw Neilson Phillips Quinn Rhoad Rice Richardson Riser Sharpe Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Waldrop Whatley Wilder Wilkins Williams Witherspoon Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. YOUNG-BRICKELL moved to continue the Bill.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The Bill was continued by a division vote of 43 to 25.
The Senate amendments to the following Bill were taken up for consideration.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
Rep. TUCKER moved to continue the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2593JM.96), which was adopted.
Amend the bill, as and if amended, page 9, SECTION 11, by striking line 1 and inserting in lieu thereof:
/SECTION 11. Sections 42-1-510 and 42-1-530 of the/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 42-1-520 of the 1976 Code is amended to read:
"Section 42-1-520. An employee officer of a corporation who elects not to operate under this Title, shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this Title, proceed at common law and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant, and assumption of risk, as such defenses exist at common law."/
Renumber SECTIONS to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The SPEAKER granted Reps. SCOTT and WHITE a leave of absence for the remainder of the day due to attending a Women in Government meeting on Health Issues for Aging.
Rep. CATO continued speaking.
Rep. LITTLEJOHN raised the Point of Order that Amendment No. 1A was out of order under Rule 9.3 in that it did not refer to the intent of the Bill.
Rep. CATO argued contra the Point in stating that the Bill now included everything.
The SPEAKER stated that the amendment was germane to the Bill as amended by the Senate and he overruled the Point of Order.
The amendment was then adopted.
Rep. CATO moved immediate cloture on the entire matter, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 2A (Doc Name P:\amend\DKA\3797JM.96), which was tabled.
Amend the bill, as and if amended, page 8, by striking SECTION 12 (lines 29 through 43), and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of this act shall not be required to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of this act and has procured another form of employee benefits insurance shall not be required to comply with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing before the effective date of this act; any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, J. Brown, T. Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Fulmer Gamble Harrell Harris, J. Harris, P. Hines, J. Hines, M. Inabinett Keegan Kelley Keyserling Kinon Klauber Knotts Law Lee Limbaugh Lloyd Martin McAbee McElveen McMahand Rhoad Rogers Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Trotter Tucker Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Davenport Easterday Fleming Hallman Howard Hutson Kirsh Koon Lanford Limehouse Littlejohn Loftis Mason Meacham Neilson Phillips Rice Richardson Riser Seithel Simrill Tripp Vaughn Wells Wilkes Wofford Wright
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 3A (Doc Name P:\amend\DKA\3798JM.96), which was tabled.
Amend the bill, as and if amended, page 8, line 27, by striking /1997/ and inserting:
/2001/.
Amend further, page 8, by striking lines 29 through 43, and inserting:
/SECTION 12. Except as may otherwise be provided by this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42, may file a notice with the commission by July 1, 2000, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, T. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Fulmer Gamble Harris, J. Harris, P. Hines, J. Hines, M. Hodges Inabinett Jennings Keegan Kelley Keyserling Kinon Law Lee Limbaugh Lloyd Martin McAbee McCraw McElveen McMahand Neal Neilson Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Trotter Tucker Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Wofford Young-Brickell
Those who voted in the negative are:
Allison Chamblee Cooper Davenport Easterday Fleming Hallman Howard Hutson Jaskwhich Kirsh Knotts Koon Lanford Limehouse Littlejohn Loftis Mason Meacham Rhoad Rice Richardson Riser Seithel Simrill Stille Tripp Vaughn Walker Wells Witherspoon Wright
So, the amendment was tabled.
Rep. LANFORD moved to adjourn debate upon the Senate amendments.
Rep. CATO moved to table the motion.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Felder Fulmer Gamble Harris, J. Hines, J. Hines, M. Hodges Inabinett Jennings Keegan Kelley Keyserling Kinon Law Lee Lloyd Martin McElveen McMahand Neal Neilson Rhoad Riser Rogers Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stuart Trotter Waldrop Whatley Whipper, L. Whipper, S. Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Beck Chamblee Cooper Davenport Easterday Fleming Hallman Harris, P. Howard Hutson Jaskwhich Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Rice Richardson Seithel Simrill Smith, D. Stoddard Tripp Tucker Vaughn Wells Wilder Williams Wright
So, the motion to adjourn debate was tabled.
Rep. Robinson proposed the following Amendment No. 4A (Doc Name P:\amend\DKA\3800JM.96), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 3, 5, 10, and 11 in their entirety.
Amend further, page 8, by striking SECTION 12 (lines 29 through 43) and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. CATO spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Felder Fulmer Gamble Harrell Harris, J. Hines, J. Hines, M. Hodges Inabinett Jennings Keegan Kelley Keyserling Kinon Klauber Law Lee Limbaugh Lloyd Martin McAbee McCraw McElveen McMahand Neal Neilson Quinn Rhoad Rogers Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stuart Townsend Trotter Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Davenport Easterday Fleming Hallman Harris, P. Howard Hutson Jaskwhich Kirsh Koon Lanford Limehouse Littlejohn Loftis Mason Meacham Phillips Rice Richardson Riser Seithel Simrill Smith, D. Stille Stoddard Tripp Tucker Vaughn Wells Wright
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 5A (Doc Name P:\amend\DKA\3799JM.96), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 3, 4, 5, 10, and 11 in their entirety.
Amend further, page 8, by striking SECTION 12 (lines 29 through 43) and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICHARDSON explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 6A (Doc Name P:\amend\DKA\3794JM.96), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-9-30(19) of the 1976 Code is amended to read:
"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 7A (Doc Name P:\amend\DKA\3796JM.96), which was tabled.
Amend the bill, as and if amended, page 3, by striking SECTION 3 in its entirety and inserting:
/SECTION 3. Section 42-1-310 of the 1976 Code is amended to read:
"Section 42-1-310. (A) Every employer and employee, except as stated in this chapter, shall be presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby, unless he shall have given, prior to any accident resulting in injury or death, notice to the contrary in the manner provided in Section 42-1-340, except as provided in subsection (B).
(B) An employer may reject the terms of Title 42 if:
(1) the employer has given, prior to any accident resulting in injury or death, notice in the manner provided in Section 42-1-340; and
(2)(a) the employer shows proof of financial responsibility to the Department of Insurance in the form of an alternative employee benefits insurance plan endorsed by an insurance company that is licensed, an admitted carrier and a participant in the South Carolina Guarantee Association Fund; or
(b) the employer shows proof of financial responsibility by placing on deposit with the Department of Insurance an irrevocable certificate of deposit in the amount of three hundred thousand dollars."/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-317. (A) An employer rejecting the terms of Title 42 pursuant to Section 42-1-310(B)(2)(a) shall provide minimum coverage for his employees as provided in this section.
(B) For purposes of this section:
(1) 'Loss' means with regard to:
(a) the hands and feet, the actual severance through or above wrist or ankle joints;
(b) sight, the entire and irrecoverable loss thereof; and
(c) the thumb and index finger, actual severance through or above metacarpophalangeal joints.
(2) 'Temporary Total Disability' means a nonpermanent physical impairment, resulting from a work-related injury and substantiated by a diagnosis from a physician, which prevents an employee of the insured from performing the duties for which he is employed by the insured.
(3) 'Continuous total disability' means the complete, permanent and absolute inability of an employee of the insured to perform the duties of any occupation for which he is qualified by reason of education, training or experience. Such disability must be due to work-related injury and may result from, but is not limited to, the following circumstances:
(a) brain damage, which means the severe neurological damage due to external trauma resulting in complete and irrecoverable loss of brain function;
(b) coma, which means a profound state of unconsciousness from which the employee cannot be aroused even by powerful stimulation; and
(c) paralysis, which means the complete and total inability of the employee to move an entire extremity as the result of neurological damage, as determined by a licensed physician.
(4) 'Total Disability' means the complete and continuous inability of the insured person to:
(a) perform all essential acts and duties of his or her regular occupation until the weekly benefit has been paid for one hundred four weeks during the same period of continuous total disability, and thereafter; and
(b) engage in any gainful occupation for which he or she is or can be reasonably fitted by training, education or experience.
(C) The employee benefits insurance plan shall provide for the payment of maximum lump sum benefits for the accidental death of an employee of not less than two hundred twenty-five thousand dollars.
(D)(1) The employee benefits insurance plan shall provide for the payment of maximum lump sum benefits for the accidental dismemberment of an employee as provided below:
(a) for the loss of both hands or both feet or sight of both eyes, not less than two hundred twenty-five thousand dollars;
(b) for the loss of one hand and one foot, not less than two hundred twenty-five thousand dollars;
(c) for the loss of either hand or foot and sight of one eye, not less than two hundred twenty-five thousand dollars;
(d) for the loss of either hand or foot, not less than one hundred twelve thousand five hundred dollars;
(e) for the loss of sight of one eye, not less than one hundred twelve thousand five hundred dollars; and
(f) for the loss of a thumb and an index finger of the same hand, fifty six thousand two hundred fifty dollars.
(2) Lump sum benefits for dismemberment shall be not more than two hundred twenty-five thousand dollars in the aggregate for the same accident.
(E)(1) The employee benefits insurance plan shall provide for the payment of maximum benefits for medical expenses incurred by the employee for accidental injuries of not less than one million dollars for each accident.
(2) The employee benefits insurance plan shall provide that the payment of maximum benefits for medical expenses shall be increased by not less than five hundred thousand dollars when the employee is diagnosed as either a paraplegic or quadriplegic by a licensed physician.
(F)(1) The employee benefits insurance plan shall provide for the payment of weekly wage replacement benefits for temporary total disability for a maximum period of not less than one hundred four weeks. The plan shall provide that benefits for continuous total disability shall be paid to an insured person when the employer receives due proof that the insured person has been granted a social security disability award for the disability for which payment is sought from the employer.
(2) Weekly benefits under this subsection shall be paid as follows:
(a) a period of not less than seven days after the accident shall elapse before temporary total disability benefits shall be paid;
(b) the weekly total disability indemnity benefit amount shall be offset by the weekly social security disability award for the disability for which payment is sought;
(c) the weekly total disability indemnity benefit amount shall be:
(i) not more than seventy percent of the insured person's gross average weekly earnings, reduced by the primary social security disability award; or
(ii) not more than four hundred fifty dollars; and
(d) the benefit period shall provide for the payment of benefits until the employee reaches the age of sixty-five, provided that an employee who reaches the age of sixty-five but who has received the benefits for a period less than ten years shall continue to receive benefits until he has received the benefits for ten years.
(G) The employee benefits insurance plan shall provide for the payment of aggregate benefits for all employees injured in the same accident of not less than two million dollars.
(H) The employee benefits insurance plan shall provide that lump sum amounts shall be paid equally to all employees without regard to the wage rate."/
Amend further, page 3, after line 23, by adding an appropriately numbered SECTION to read:
/SECTION __. Sections 42-1-330 and 42-1-340 of the 1976 Code are amended to read:
"Section 42-1-330. (A) Either an An employer or employee who has exempted himself by proper notice from the operation of this title may at any time waive such exemption and thereby accept the provisions of this title by giving notice as provided in Section 42-1-340.
(B) This section applies only to an employer who meets the requirements of Section 42-1-310(B).
Section 42-1-340. (A) The notices referred to in Sections 42-1-310 and 42-1-330 shall not be effective as to any accident resulting in injury or death that occurs within thirty days after the giving of any such notice; provided, that if any such accident occurs less than thirty days after the date of employment, notice of such exemption given at the time of employment shall be effective as to such accident. Any such notice shall be in writing or print, in substantially the form prescribed by the commission, and shall be given by the employer by posting it in a conspicuous place in the shop, plant, office, room or place in which the employee is employed or by serving it personally upon him and shall be given by the employee by sending it in registered letter, addressed to the employer at his last-known residence or place of business, or by giving it personally to the employer or any of his agents upon whom summons in a civil action may be served under the laws of the State. Any notice referred to in Section 42-1-310 shall state the basis for the rejection of the terms of Title 42.
A copy of the notice in the prescribed form shall be filed with the commission. In any suit by an employer or an employee who has exempted himself by proper notice from the application of this title a copy of such notice duly certified by the commission shall be admissible in evidence as proof of such exemption.
(B) This section applies only to an employer who meets the requirements of Section 42-1-310(B)."
Amend further, page 3, after line 40, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 42-1-510 of the 1976 Code is amended to read:
"Section 42-1-510. (A) An employer who elects not to operate under this title shall not, in any suit at law instituted by an employee subject to this title to recover damages for personal injury or death by accident, be permitted to defend any such suit at law upon any or all of the following grounds:
(1) that the employee was negligent;
(2) that the injury was caused by the negligence of a fellow employee; or
(3) that the employee had assumed the risk of the injury.
(B) After June 30, 1997, this section applies only to an employer who meets the requirements of Section 42-1-310(B)."/
Amend further, page 8, by striking SECTION 10 in its entirety.
Amend further, page 8, by striking SECTION 11 in its entirety and inserting:
/SECTION 11. Sections 42-1-520 and 42-1-530 of the 1976 Code are repealed on July 1, 1997./
Amend further, page 8, by striking SECTION 12 in its entirety and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of this act will have until July 1, 1997, to comply with the provisions of this act relating to insuring their workers' compensation liabilities or relating to rejecting the terms of Title 42. Any employer who has rejected the terms of Title 42 prior to approval of this act and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of this act relating to the insuring of its workers' compensation liabilities or relating to rejecting the provisions of Title 42. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing before the effective date of this act; however, any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. RICHARDSON continued speaking.
Rep. CATO spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 8A (Doc Name P:\amend\PT\2595JM.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 42-1-150 of the 1976 Code is amended to read:
"Section 42-1-150. The term 'employment' includes employment by the State, all political subdivisions thereof, all public and quasi-public corporations therein, and all private employments in which four one or more employees are regularly employed in the same business or establishment."/
Renumber SECTIONS to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. CATO moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 48 to 16.
Rep. DAVENPORT proposed the following Amendment No. 9A (Doc Name P:\amend\BBM\10891JM.96), which was tabled.
Amend the bill, as and if amended, by adding appropriately-numbered section to read:
/SECTION ___. Section 42-15-90 of the 1976 Code is amended to read:
"Section 42-15-90. Fees for attorneys and physicians and charges of hospitals for services under this title shall be are subject to the approval of the commission; but no physician or hospital shall be entitled to collect fees from an employer or insurance carrier until he, or it, has made the reports required by the commission in connection with the case. Fees for attorneys who represent employers or insurance carriers, for services under this title, are subject to the approval of the commission. Fees for attorneys who represent employees, or their family members, for services under this title, are subject to the approval of the commission, provided that such a fee in this instance is limited to not more than twenty percent of the total amount of benefits recovered by the employee-claimant under this title.
Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the commission or such court or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."/
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 12A (Doc Name P:\amend\BBM\10898JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /1998/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 1997, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 13A (Doc Name P:\amend\PT\2596JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:
/1999/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 1998, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. CATO spoke against the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Fulmer Gamble Govan Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Inabinett Keegan Kelley Keyserling Kinon Law Lee Lloyd McAbee McCraw McElveen McMahand Neal Quinn Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stuart Townsend Trotter Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Williams Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Davenport Easterday Fleming Hallman Howard Jaskwhich Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Mason Meacham Neilson Phillips Rhoad Rice Richardson Riser Robinson Seithel Simrill Smith, D. Stille Stoddard Tripp Vaughn Wells Wright
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 14A (Doc Name P:\amend\PT\2597JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:
/2000/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 1999, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 27.
Rep. DAVENPORT proposed the following Amendment No. 15A (Doc Name P:\amend\PT\2598JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:
/2002/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2001, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 16A (Doc Name P:\amend\PT\2599JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:
/2003/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2002, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 17A (Doc Name P:\amend\BBM\10892JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2004/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2003, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 18A (Doc Name P:\amend\BBM\10893JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2005/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2004, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 19A (Doc Name P:\amend\BBM\10894JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2006/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2005, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 20A (Doc Name P:\amend\BBM\10895JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2007/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2006, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 21A (Doc Name P:\amend\BBM\10896JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2008/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2007, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 22A (Doc Name P:\amend\BBM\10897JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2009/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2008, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 23A (Doc Name P:\amend\BBM\10899JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2010/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2009, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 24A (Doc Name P:\amend\BBM\10900JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2011/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2010, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 25A (Doc Name P:\amend\BBM\10902JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2012/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2011, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 26A (Doc Name P:\amend\BBM\10901JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2013/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2012, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 27A (Doc Name P:\amend\BBM\10903JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2014/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2013, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 28A (Doc Name P:\amend\BBM\10904JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2015/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2014, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 29A (Doc Name P:\amend\BBM\10905JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2016/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2015, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to by a division vote of 56 to 24.
Rep. DAVENPORT proposed the following Amendment No. 30A (Doc Name P:\amend\BBM\10906JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2017/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2016, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 31A (Doc Name P:\amend\BBM\10907JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2018/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2017, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 32A (Doc Name P:\amend\BBM\10908JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2019/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2018, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 33A (Doc Name P:\amend\BBM\10909JM.96), which was tabled.
Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2020/.
Amend further, page 9, by striking lines 4 through 18, and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2019, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to by a division vote of 48 to 20.
Rep. LANFORD proposed the following Amendment No. 34A (Doc Name P:\amend\BBM\10913JM.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
/"Section 42-9-265. (A) The provisions of this section apply with respect to employers who have filed with the commission a notice to reject the provisions of this title and are, therefore, not operating under the provisions of this title.
(B) In the event that an employer chooses to stop payment of benefits to an employee who has sustained an injury arising out of and in the course of that employee's employment, and the employee chooses to contest the stop-payment, then that employee may appeal to an arbitration board composed of five rank-and-file employees of the company. The board members shall be elected annually by the rank-and-file employees of the company. The members of the board shall set a time for all parties to be heard regarding the employee's appeal of the stop-payment and shall render a decision as to whether payments to the injured employee shall continue. This decision shall be rendered within five working days of the employee's appeal of the stop-payment. The appeal hearing must be conducted on company time at a time and place convenient to the parties. If the board's ruling is favorable to the employee, then the ruling constitutes a final decision and payments to the employee must continue, based upon the board's findings, for a period of at least six weeks, at which time another appeal may be heard unless the employee voluntarily returns to his previous job and discontinues payment benefits."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 10A (Doc Name P:\amend\PT\2592JM.96), which was tabled.
Amend the bill, as and if amended, Section 42-1-160, as contained in SECTION 2, page 3, line 5, by inserting /by clear and convincing evidence/ after /established/ and before /that/, so that the line, when amended shall read:
/injury is not a personal injury unless it is established by clear and convincing evidence that the stressful/
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. CATO spoke against the amendment and moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Felder Fulmer Gamble Harris, J. Harvin Hines, J. Hines, M. Inabinett Jennings Keegan Kelley Kinon Klauber Koon Law Lee Lloyd McAbee McCraw McElveen McMahand Neal Neilson Rhoad Riser Sandifer Sharpe Shissias Smith, D. Smith, R. Spearman Stuart Tucker Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Cave Cooper Davenport Fleming Hallman Harrell Howard Hutson Jaskwhich Kirsh Lanford Limbaugh Limehouse Littlejohn Loftis Mason Meacham Phillips Quinn Rice Richardson Robinson Seithel Simrill Stille Stoddard Townsend Tripp Vaughn Walker Wells Wright
So, the amendment was tabled.
The Senate amendments, as amended, were then agreed to and the Bill
ordered returned to the Senate.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
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. Section 59-21-510 of the 1976 Code is amended by adding a new item to read:
"(11) "Pupils with autism" means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested during early development by a characteristic pattern of social, communication, and learning behaviors. Autism is a behaviorally defined syndrome; the essential features of which include disturbances of: developmental rates or sequences; response to sensory stimuli; speech, language, and communication; and capacities to relate to people, objects, and events."
SECTION 2. Section 59-20-40(1)(c)(7) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:
"(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
c. pupils with autism.
SECTION 3. The Department of Education shall convene a task force of special education directors, district administrators, and parents of pupils with autism to review district reports on program costs to serve students with autism and to recommend an appropriate weight for the Education Finance Act. The findings of the task force shall be reported by the Department of Education to the Ways and Means Committee and Education and Public Works Committee of the House and the Finance Committee and Education Committee of the Senate no later than December 1, 1996.
SECTION 4. Title 59, Chapter 65 of the 1976 Code by adding a new section to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/The Honorable Greg Gregory /s/The Honorable Ronald P. Townsend /s/The Honorable Linda H. Short /s/The Honorable Merita A. Allison /s/The Honorable Michael L. Fair /s/The Honorable Lanny F. Littlejohn On Part of the Senate. On Part of the House.
Rep. TOWNSEND explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3730:
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
and asks for a Committee of Conference and has appointed Senators Peeler, Courtney and Bryan of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. J. YOUNG, KLAUBER and SIMRILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6108HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. In accordance with Section 1-21-60 of the 1976 Code, the existence of the South Carolina Educational Television Commission is reauthorized until July 1, 2003./
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL 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. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Rep. D. SMITH proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2601CM.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. This act is known and may be cited as the "South Carolina Effective Death Penalty Act of 1996".
SECTION ____. The 1976 Code is amended by adding:
"Section 16-3-21. (A) In all cases in which an individual is sentenced to death, counsel or agents for the sentenced individual or for the State are prohibited from contacting jurors in any manner not provided in this section.
(B) Contact with jurors by counsel or agents of the sentenced individual or the State must be limited to the following circumstances:
(1) a letter seeking permission from the jurors to speak with them concerning their service may be mailed the jurors on only one occasion. This letter must be a form letter prepared by and available from court administration. This letter must initially inform the juror that he is under no legal obligation to respond to the letter. Further, the letter must set forth who is seeking permission to talk to the juror and which party they represent, the rights of the jurors that are being contacted, and the name and telephone number of the post-conviction relief judge who has been assigned the matter. If a post-conviction relief judge has not been assigned, the form shall provide the name and telephone number of the chief administrative judge of the circuit in which the sentenced individual was indicted for the crime resulting in the sentence of death. This letter must be sent certified mail, return receipt requested, and a copy of the letter and the return receipt must be filed with the clerk of court to be placed in the case file; or
(2) upon a showing of good cause, the trial or post-conviction relief judge may allow for juror interviews in any appropriate manner which does not amount to harassment and gives the highest degree of reliability to the responses, including limiting the interrogation of prior jurors to inquiry by the trial judge in open court."
SECTION ____. The 1976 Code is amended by adding:
"Section 17-25-375. (A) In a criminal case where a sentence of death has been imposed, the Governor shall set an execution date when he is notified in writing by the Attorney General either that:
(1) The Supreme Court of South Carolina has denied state post-conviction relief either by the denial of certiorari or an appeal, or the time for filing of an appeal from the denial of the state post-conviction relief has passed without an appeal being filed;
(2) The Supreme Court of the United States has issued a final order disposing of the case after granting a stay to review the judgment of the Supreme Court of South Carolina or the Court of Common Pleas on state post-conviction relief;
(3) The United States Court of Appeals has affirmed the denial of federal habeas corpus relief, or the time for filing a timely appeal in that court has passed without such an appeal being filed; or
(4) The Supreme Court of the United States has issued a final order after granting a stay in order to dispose of the petition for writ of certiorari to review the judgment of the United States Court of Appeals.
(B) The Governor shall notify the Clerk of the Supreme Court of South Carolina and the Director of the South Carolina Department of Corrections or his duly appointed officer in charge of the institution detaining the individual sentenced to death of the disposition set forth above and the requirement that an execution date be set and, upon the fourth Friday following the receipt of the notice from the Governor, the sentence of death shall be carried out pursuant to Section 24-3-530. Once an execution date is scheduled, a stay of execution may be granted by the Supreme Court of South Carolina. Nothing in this section shall prohibit the Supreme Court of South Carolina from setting an execution date under circumstances other than those specified herein. Also nothing in this section shall prohibit respite or commutation by the Governor."
SECTION ____. Section 17-25-380 of the 1976 Code is amended to read:
"Section 17-25-380. Two copies of the notice shall be served or sent by registered mail to the commissioner of the prison system Director of the Department of Corrections or his duly appointed officer in charge of the State Penitentiary applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows: 'This is to notify you that the sentence of death imposed in the case of State vs. ________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice.'
When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence thereof shall read as follows: 'This is to notify you that the appeal from the sentence of death imposed in the case of State vs. _____________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of _________ County.'
When one of the conditions set forth in Section 17-25-375 occurs, the notice shall be substantially the same as when the sentence is affirmed on direct appeal except the first sentence of the notice shall set forth the appropriate condition established in Section 17-25-375."
SECTION ____. The 1976 Code is amended by adding:
"Section 17-27-130. Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.
In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's counsel may inspect and photocopy the files, but the defendant's prior counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding."
SECTION ____. The 1976 Code is amended by adding:
"Section 17-27-150. A party shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law."
SECTION ____. The 1976 Code is amended by adding:
"Section 17-27-160. (A) If a defendant has been sentenced to death in South Carolina, he must file his application for post-conviction relief in the county in which he was indicted for the crime resulting in the sentence of death. Upon receipt of the application for post-conviction relief, the clerk of court shall forward the application to the judge who has been assigned to hear the post-conviction relief application. This judge shall maintain control over the expedited consideration of the application pursuant to this section. The judge assigned as the post-conviction relief judge must not be the original sentencing judge. A copy of the application shall be immediately provided to the solicitor of the circuit in which the applicant was convicted and a copy provided to the Attorney General. The filing of the application does not automatically stay any sentence of death.
(B) Upon receipt of the application for post-conviction relief, the counsel for the respondent shall file a return within thirty days after receipt of the application.
If the applicant is indigent and desires representation by counsel, counsel shall be immediately appointed to represent the petitioner in this action. The court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or in a direct appeal unless the applicant and the attorney request appointment on the record or the court finds good cause to make the appointment. Counsel appointed to represent the applicant must be a member of the South Carolina Bar and satisfies the minimum guidelines set forth in Section 16-3-26 for appointment in death penalty cases. Counsel appointed in these cases shall be compensated from the funding provided in Section 16-3-26 in the same manner and rate as appointed trial counsel. Appointed counsel on appeal from state post-conviction relief cases shall be funded and compensated from the funds established for representation of indigents on appeal by the Office of Appellate Defense pursuant to Chapter 4 of Title 17.
If counsel is the same person appointed as counsel on appeal, the court shall appoint a second counsel to assist in the preparation of the application for post-conviction relief. If the applicant elects to proceed pro se, any findings made by the court shall be done on the record and in open court concerning the waiver of the assistance of counsel.
(C) Not later than fifteen days after the filing of the state's return, the judge shall convene a status conference to schedule a hearing on the merits of the application for post-conviction relief. The hearing must be scheduled within one hundred eighty days from the date of the status conference, unless good cause is shown to justify a continuance.
(D) Within thirty days from the last date of the taking of oral testimony, the hearing judge in writing shall make specific findings of fact and state expressly the judge's conclusions of law relating to each issue. This order is a final judgment.
(E) In these expedited capital post-conviction relief hearings, a court reporter shall be assigned to take testimony. The transcription of the testimony and record shall be given priority over all other matters concerning the preparation of the record and, upon completion, shall immediately be provided to the parties and the Clerk of the Supreme Court of South Carolina."
SECTION ____. If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, the invalidity does not effect other provisions if applications of this act can be given effect without the invalid provision of application, and to this end the provisions of this act are severable./
Renumber SECTIONS to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 1A was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. MARTIN spoke in favor of the Senate amendments.
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 Joint Resolution were taken up for consideration.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.
Rep. CROMER explained the Senate amendments.
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. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Rep. KIRSH moved to continue the Bill.
Rep. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Cooper Cotty Easterday Fleming Harris, J. Hodges Hutson Kirsh Lee Loftis Mason McElveen Meacham Simrill
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Beck Brown, J. Cain Carnell Cato Cave Cromer Dantzler Davenport Delleney Fulmer Gamble Hallman Harrell Harvin Hines, M. Howard Inabinett Jaskwhich Jennings Keegan Kelley Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Martin McAbee McCraw McMahand Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to continue the Bill.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
Rep. COOPER explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Rep. JENNINGS explained the Senate amendments.
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. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
Rep. COOPER explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Rep. KELLEY explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.
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. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.
Rep. LIMBAUGH explained the Senate amendments.
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. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Reps. BOAN and HODGES proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3838DW.96), which was adopted.
Amend the bill, as and if amended, Section 50-11-310(A), SECTION 1, page 1, by striking lines 31 through 33 and inserting:
/proper control of the deer harvest in these games zones; however, in Game Zone 4, on private land only between October 11 and January 1, the department must not establish more than two consecutive days where deer may not be hunted or taken with modern firearms."/
Amend title to conform.
Rep. HODGES 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.
Rep. G. BROWN moved to reconsider the vote whereby the House concurred and enrolled H. 3285 and the motion was noted.
Rep. RHOAD moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The Senate amendments to the following Bill were taken up for consideration.
H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.
Rep. LIMBAUGH explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
Rep. WITHERSPOON proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3793SD.96), which was adopted.
Amend the bill, as and if amended, Section 50-21-860(B), page 2, line 15, by deleting /County/ and inserting /and Horry Counties from one hour before legal sunset to one hour after legal sunrise and anytime during the season for hunting waterfowl/.
Amend title to conform.
Rep. WITHERSPOON 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 Joint Resolution were taken up for consideration.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Rep. CROMER explained the Senate amendments.
The question then recurred to concur or non-concur in Senate amendments.
Rep. J. BROWN demanded the yeas and nays, which were not ordered.
The Senate amendments were agreed to by a division vote of 53 to 8, and the Joint Resolution, 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 Joint Resolution were taken up for consideration.
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
Rep. FLEMING explained the Senate amendments.
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. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
Rep. KIRSH spoke against the Senate amendments.
Rep. RICHARDSON spoke in favor of the Senate amendments.
Rep. KIRSH 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 Senate amendments to the following Bill were taken up for consideration.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Rep. SHARPE explained the Senate amendments.
Rep. SHEHEEN 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 Senate amendments to the following Bill were taken up for consideration.
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.
Reps. LIMEHOUSE and HUTSON proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22941SD.96), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as shall contain information the chief considers appropriate to ensure the availability of information regarding necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:
(1) procedures for accepting and disseminating information maintained;
(2) the confidentiality of the data and information maintained in the registry;
(3) the proper disposition of all obsolete data;
(4) forms necessary for the efficient and proper operation of the registry to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, of an offense described below or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts, of the offenses described below or of a similar offenses in other jurisdictions offense, or who has been convicted of, adjudicated delinquent of, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this Article article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person convicted of any of these the following offenses shall be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(5)(6) engaging a child for sexual performance (Section 16-3-810);
(6)(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(7)(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8)(9) kidnapping (Section 16-3-910);
(9)(10) incest (Section 16-15-20);
(10)(11) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15)14 violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
(15) A person, regardless of age, who has been convicted, pled guilty or nolo contendere in this State, or who has been convicted, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(D) Upon conviction, adjudication of delinquency, guilty plea or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
If any Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, and Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident in this State.
The South Carolina Department of Motor Vehicles Public Safety, Division of Motor Vehicles, shall inform, in writing to, any new resident who applies for a drivers driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. The failure of If an offender fails to register as required by this article, is a felony and, upon conviction, the offender he must be: punished as provided in subsection (B).
(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and
(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register, service of an information, or a complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is shall not be open to public inspection, upon request to the county sheriff by the public. A sheriff must release information regarding a specific person who is required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than shall be made available only to law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
(C) For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public."
SECTION_______. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Reps. WILKINS and D. SMITH proposed the following Amendment No. 2A (Doc Name P:\amend\GJK\22961SD.96), which was adopted.
Amend the bill, as and if amended, in Section 20-7-2725 of the 1976 Code as contained in SECTION 1, by inserting after / who / on line 19, page 2, / is required to register under the sex offender registry act pursuant to Section 23-3-430 or who /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH 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.
S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR; TO AMEND THE 1976 CODE BY ADDING SECTION 7-5-185 SO AS TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING ANY PUBLIC OFFICE OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.
Rep. CROMER explained the Senate amendments.
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. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\9489JM.96), which was adopted.
Amend the bill, as and if amended, by striking Section 42-1-415(A), as contained in SECTION 1, and inserting:
/(A) Notwithstanding any other provision of law, upon the submission of documentation to the commission that a contractor or subcontractor has represented himself to a higher tier subcontractor, contractor, or project owner as having workers' compensation insurance at the time the contractor or subcontractor was engaged to perform work, only the contractor or subcontractor who represented himself as having workers' compensation insurance may be considered a statutory employer for claims filed by his employees under this title. In the event that the employer is uninsured, regardless of the number of employees that the employer has, the higher tier subcontractor, contractor, project owner, or his insurance carrier shall in the first instance pay all awards of compensation and medical benefits provided by this title. The higher tier subcontractor, contractor, project owner, or his insurance carrier may then petition the commission to transfer responsibility for continuing compensation and benefits to the Uninsured Employers' Fund. The Uninsured Employers' Fund shall assume responsibility for claims within ninety days of a determination of responsibility made by the commission. The higher tier subcontractor, contractor, or project owner must be reimbursed from the Uninsured Employers' Fund as created by Section 42-7-200 for compensation, medical benefits, and reasonable expenses as may be determined by the commission. Any disputes arising as a result of claims filed under this section must be determined by the commission./
Amend further, by striking Section 42-1-415(C), as contained in SECTION 1, and inserting:
/(C) The falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such false documentation to the penalties for fraud as provided by law. Additionally, a subcontractor who falsely documents workers' compensation insurance or any contractor or subcontractor who refuses to reimburse the Uninsured Employers' Fund for a claim paid on its behalf shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40; provided, however, notwithstanding any other provision of law, the license or certificate of a contractor or residential home builder shall be revoked for a period of two years when the contractor or subcontractor falsely documents workers' compensation insurance. Upon expiration of the two year revocation period, or when the license or certificate of any contractor or subcontractor is revoked for refusal to reimburse the Uninsured Employers' Fund for a claim paid on its behalf, the licensing entity of the contractor or subcontractor may reissue the license or certificate of the contractor or residential home builder in the same manner as any other revoked license./
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. BAILEY proposed the following Amendment No. 2A (Doc Name P:\amend\PFM\9488AC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Chapter 9, Title 6 of the 1976 Code is amended to read:
Section 6-9-10. The governing body of any incorporated municipality or county All municipalities, as defined by Section 5-1-20, and counties in this State is authorized to shall adopt building, energy, housing, electrical, plumbing, and mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, energy efficiency, installation of equipment, alteration, repair, occupancy, or removal of building and structures located within its jurisdiction their jurisdictions and promulgate regulations to implement the codes their enforcement. The municipality or county may adopt only the national, regional, or model codes provided in Section 6-9-50.
The codes and the implementing regulations may embrace matters such as the preparation and submission of plans and specifications; the issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship; the establishment of fire zones; fireproofing; means of egress and ingress; floor-area-per-occupant requirements; sanitary facilities and proceedings for the correction of unsafe, unsanitary, or inadequate structures.
The codes and regulations may only be adopted by reference to national, regional, or model codes listed in Section 6-9-60 and to certain special provisions approved by the South Carolina Building Code Council. Nothing in these codes or regulations may extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of equipment or facilities used in the generation, transmission, distribution, or communication of a public or private utility or electric or telephone membership cooperatives, other than buildings used primarily for offices or residential housing nor to equipment or facilities already subject to regulation by the Liquefied Petroleum Gas Board.
With the exception of structures used primarily for offices, storage, warehouses, shop areas, or residential housing, nothing in the building codes or regulations applies to electric cooperatives, the Public Service Authority, or to a public utility corporation subject to regulation by the authorities of the South Carolina Public Service Commission or the Liquefied Petroleum Gas Board.
To the extent that federal regulations preempt state and local laws, nothing in this chapter shall conflict with the federal Department of Housing and Urban Development regulations regarding manufactured housing construction and installation.
Section 6-9-20. County and municipal bodies are authorized to establish regional agreements with other political subdivisions of the State to issue building permits and enforce building, electrical, plumbing, gas, housing, and other codes in order to more effectively carry out the provisions of this chapter. Municipalities and counties may establish agreements with other governmental entities of the State to issue permits and enforce building codes in order to provide the services required by this chapter. The South Carolina Building Codes Council may assist in arranging for municipalities, counties, or consultants to provide the services required by this chapter to other municipalities or counties if a written request from the governing body of the municipality or county is submitted to the council. If a municipality or county determines that it is unable to arrange for services for any annual period at costs totally within the schedule of fees recommended in the appendices to the building codes referred to in Section 6-9-50, the municipality or county shall submit an affidavit to the council to be exempt from the requirements of this chapter. If such an affidavit is submitted, the municipality or county is exempt from the requirements of this chapter, which exemption is effective until such time as it becomes financially feasible for a county or municipality to provide the services, or five years, whichever is less. A county or municipality may renew its affidavit at the end of five years and at each five-year interval thereafter if it makes another determination that it cannot arrange for services at costs totally within the schedule of fees recommended in the building codes referred to in Section 6-9-50.
Section 6-9-30. The county and municipal governing bodies may appoint building, electrical, plumbing, gas, and housing inspectors and employ other assistants as they may consider necessary and may prescribe fees or charges for permits and inspections. All counties shall appoint a building official or contract with other political subdivisions as authorized in Section 6-9-20 so that the unincorporated area of the county is under the jurisdiction of a building official. Municipalities shall appoint a building official or contract for a building official within the municipal limits. Based on the needs established by each municipality or county, the building official or appointing authority may appoint and employ other personnel and assistants necessary to perform the required inspections and duties and may prescribe fees for construction permits and inspections. The appointment of a building official and the establishment of a building inspection program for all municipalities and counties must be accomplished according to the following dates and populations based on the population figures of the latest official United States Census:
(1) municipalities and counties with a population above 70,000: one year after the effective date of this provision;
(2) municipalities and counties with a population of 35,000 to 70,000: two years after the effective date of this provision;
(3) municipalities and counties with a population under 35,000: three years after the effective date of this provision.
Section 6-9-40. Prior to adoption of any of the codes or regulations permitted in this chapter, the governing body shall hold public hearings on the codes or regulations. Not less than fifteen days' notice of the time and place of the hearings must be published in a newspaper of general circulation in the county. The building codes and standards referenced in Section 6-9-50 must be adopted within six months after the establishment of a building inspection department. State agency adoption of a building code or regulation permitted by this chapter must be accomplished in accordance with the Administrative Procedures Act.
Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.
The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.
A residential building is deemed in compliance with the Building Envelope Requirements of the Model Energy Code if (a) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited to, options developed by Pacific Northwest Laboratories for South Carolina's climactic zones, or (b) if double pane or storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(1) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19 ;
(2) R-13 for exterior walls;
(3) R-19 for floors with crawl space;
(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.
Section 6-9-60. Municipalities or and counties are authorized to may adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section.
Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a representative from the Municipal Association of South Carolina, (3) a representative from the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a certified building official employed by a municipality or county, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council.
Section 6-9-65. (A) For purposes of this section, 'farm structure' means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including, but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, 'farm structure' does not include a structure originally qualifying as a 'farm structure' but later converted to another use.
(B) The governing body of a county or municipality may not enforce that portion of any a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International, Inc. apply The standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply.
(C) The provisions of this section do not apply unless prior to before constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.
(D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to before the construction or improvement of a farm structure.
Section 6-9-70. The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days punished by fine, imprisonment, or both, not to exceed that which a magistrate's court is authorized to impose. Each day the violation continues is a separate offense.
However, before being charged with a second violation, an individual must be given seven calendar days to remedy the violation if it does not place the public in imminent danger or create an emergency situation. If no substantial progress is made toward correcting the violation which does not place the public in imminent danger or create an emergency situation by the end of the seventh calendar day in the opinion of the inspector or official, every day of such violation thereafter is considered a separate offense. In addition, every day a violation continues is a separate offense in those situations that place the public in imminent danger or create emergency situations.
Section 6-9-80. In case of any For a violation of or proposed violation of the building codes or regulations adopted pursuant to this chapter, the South Carolina Building Code Council, the local building inspectors officials, municipal or county attorneys, or other appropriate authority authorities of the a political subdivision, or any an adjacent or neighboring property owner who would be damaged by the violation may, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding to prevent, correct, or abate the violation or threatened violation.
Section 6-9-90. County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this chapter. Consistent with the limits imposed by law on its revenue raising powers, the governing body of a county or municipality may impose or increase taxes or fees necessary to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body. Unless a supermajority vote or other type of majority vote is required by law.
Section 6-9-100. The provisions of this chapter are cumulative to other authority of counties and municipalities local ordinances and do not limit the authority of counties and or municipalities.
A city or county that has adopted any of the national, regional, or model codes or any other code prior to May 1, 1982, may continue its use.
Section 6-9-110. In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any a building standard be construed to does not apply to any a state department, institution, or agency permanent improvement project, construction project, renovation project, or property. After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, excluding schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50.
Section 6-9-120. Nothing in this chapter affects water or sewer systems in this State.
Section 6-9-130. Buildings must be inspected according to the codes in effect for the locality on the date of the issuance of the building permit except in the case of unsafe buildings and changes in occupancy classification as defined in the Standard Building Fire Prevention and existing building codes."
SECTION ____. Members of the South Carolina Building Codes Council serving in office on the effective date of this act whom the Governor determines possess those qualifications required by Section 6-9-60 and, if applicable, represent an entity required to be represented by Section 6-9-60 shall continue to serve until their current terms of office expire. The terms of all other members shall expire on the effective date of this act at which time their successors shall be appointed by the Governor in the manner provided by Section 6-9-60.
SECTION ____. Title 6 of the 1976 Code is amended by adding:
Section 6-8-10. When used in this chapter 'building codes enforcement officer' means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.
Section 6-8-20. (A) The South Carolina Building Codes Council is responsible for the registration of building codes enforcement officers pursuant to this chapter. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The Department of Labor, Licensing, and Regulation shall employ and supervise personnel necessary for the administration of this chapter. The council may promulgate regulations for the proper enforcement of this chapter.
(B) The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish biannually during odd-numbered years the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.
Section 6-8-30. (A) Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
(B) Upon initial employment by a political subdivision, an individual must be granted a provisional certificate of registration without examination which is valid for one year from the date of issuance. The provisional certificate of registration may not be renewed.
Section 6-8-40. No person may practice as a codes enforcement officer in this State unless registered as provided in this chapter. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense.
Section 6-8-50. If the council has reason to believe that a person is violating or intends to violate a provision of this chapter, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the court of common pleas for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or order pursuant to this section.
Section 6-8-60. (A) A person desiring to be registered as a building codes enforcement officer as required by this chapter shall apply upon a form prescribed by the council.
(B) An applicant shall furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency in the general or special capacity in which he desires to be registered. Special certificates of registration authorize the registrant to practice in the named specialty only. General certificates of registration are not restricted. The council or its designated representatives shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon a person employed as a building codes enforcement officer in its jurisdiction.
Section 6-8-70. (A) A certificate of registration is valid for two years and expires on July first of each odd-numbered year unless renewed before that date. Renewal of all registrations must be based upon a determination by council of the applicant's participation in approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building codes enforcement officers. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants and may not practice until registered in accordance with this chapter.
(B) Funding for the certification, training, and continuing education of building code enforcement officers must be appropriated to the Department of Labor, Licensing, and Regulation in the manner provided in Section 38-7-35."
SECTION ____. The 1976 Code is amended by adding:
"Section 38-7-35. The first two hundred and fifty thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing, and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by law."
SECTION ____. The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification.
SECTION __. This act takes effect upon approval by the Governor; however, the amendments to Chapter 9, Title 6 of the 1976 Code contained in this act and Chapter 8, Title 6 of the 1976 Code, as added by this act, take effect July 1, 1997, but are contingent upon the General Assembly in the 1997-98 general appropriations act appropriating sufficient funds to the Department of Labor, Licensing and Regulation to perform the certification, training, and continuing education functions in regard to building codes enforcement officers as contained in Chapter 8 of Title 6 of the 1976 Code./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
Rep. KNOTTS raised the Point of Order that Amendment No. 2A was out of order as it was not germane.
Rep. BAILEY argued contra to the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
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.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 A 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 MAY 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, 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; AND TO AMEND SECTION 7-25-180, 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.
Rep. KNOTTS moved to adjourn debate upon the Senate amendments.
Rep. COBB-HUNTER moved to table the motion, which was agreed to.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Rep. CATO explained the Senate amendments.
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. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.
Rep. KIRSH proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6106HTC.96).
Amend the bill, as and if amended, page 9, by striking SECTION 15 and inserting:
/SECTION 15. Section 12-21-4020(2) of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended to read:
"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed twelve eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McMAHAND 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 Senate amendments to the following Bill were taken up for consideration.
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
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. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.
Rep. DAVENPORT 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 Concurrent Resolution was taken up.
S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.
Whereas, the General Assembly on September 22, 1991, unanimously passed and the Governor signed the Ethics Act; and
Whereas, since January 1, 1992, this act bans public officials in the legislative branch of government from accepting gifts, gratuities, and campaign contributions from lobbyists. It limits gifts from lobbyists' principals to not more than two hundred dollars annually; and
Whereas, the people of South Carolina strongly endorse and support the Ethics Act and believe that its prohibitions and restrictions on lobbyists, lobbyists' principals, and state legislators are appropriate; and
Whereas, South Carolina's Ethics Act has served as a model for the nation, inspiring imitation by a large number of states in recent months; and
Whereas, lobbyists' gifts, gratuities, and campaign contributions on the congressional level have been covered extensively by the media and, at a minimum, give the public the perception that lobbyists have acquired undue influence over Congress. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of South Carolina urges the South Carolina Congressional Delegation to become the first congressional delegation in the United States to promise publicly to refrain in the future from accepting gifts and gratuities from lobbyists and to support legislation prohibiting the giving and receiving of lobbyists' gifts and gratuities to members of Congress and their staff members and employees.
Be it further resolved that a copy of this resolution be forwarded to the members of South Carolina's Congressional Delegation.
Rep. SHEHEEN moved to table the Concurrent Resolution, which was not agreed to by a division vote of 15 to 44.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
The following Concurrent Resolution was taken up.
S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
Whereas, according to the 1994 Annual Report of the South Carolina Judicial Department, the magistrates courts handle more cases than any other level of court and in 1993 disposed of sixty-six percent of cases in the courts; and
Whereas, the last comprehensive legislation concerning the magistrates courts' system was enacted in 1988; and
Whereas, the case of Davis v. County of Greenville, decided by the Supreme Court of South Carolina on January 8, 1996, and other cases and Attorney General's opinions have raised some questions about the current state of the law concerning the procedure for determining the number, location, compensation, and workload of magistrates in a county; and
Whereas, these issues require study to determine current needs, research more effective methods of meeting these needs, and offer the General Assembly alternatives for improving existing conditions in the magistrates courts. Now therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That a study committee be appointed to study the jurisdiction, number of available positions, location, qualifications, continuing education and certification requirements, and compensation and other benefits of magistrates in each county and throughout the state and the magistrates courts' role in the uniform judicial system. The committee shall be composed of the following: three members appointed by the Chairman of the Senate Judiciary Committee and three members appointed by the Speaker of the House of Representatives.
The committee shall submit its report to the General Assembly at the beginning of the 1997 legislative session at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Chairman of the Senate Judiciary Committee from the Senate staff and by the Speaker of the House of Representatives from the House staff.
Rep. TUCKER explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. SHARPE.
The following Bill was taken up.
S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Rep. HUTSON moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 28, by the Committee on Judiciary.
Rep. LIMBAUGH moved to table the amendment, which was agreed to.
Rep. LIMBAUGH proposed the following Amendment No. 2 (Doc Name P:\amend\PFM\9460AC.96).
Amend the Judiciary Committee Report, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1 Section 20-3-10 of the 1976 Code is amended by adding at the end:
"(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."
SECTION 2. This act takes effect upon ratification of an amendment to SECTION 3, Article XVII of the South Carolina Constitution authorizing involuntary separation as a ground for divorce./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. CROMER spoke against the amendment.
Rep. McELVEEN spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. SIMRILL moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Joint Resolution was taken up.
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. SIMRILL moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.
Rep. LITTLEJOHN moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the House having receded from their amendments, the Senate has ordered the Bill Enrolled for Ratification:
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Very respectfully,
President
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.
Ordered for consideration tomorrow.
On motion of Rep. CARNELL, the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
The following was introduced:
H. 5092 -- Rep. Rice: A CONCURRENT RESOLUTION COMMENDING OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JAMES GEORGE "JIM" MATTOS OF GREENVILLE COUNTY, FOR HIS TEN YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM AND HIS FAMILY BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.
Whereas, for ten years as a member of the House of Representatives, The Honorable James George "Jim" Mattos of Greenville County worked diligently for the betterment of the people of District 26 (Greenville and Pickens Counties) and South Carolina; and
Whereas, Jim Mattos was born in Spartanburg and earned a Bachelor of Arts degree from Furman University in 1955 and a Master's degree in Education from Clemson University in 1972; and
Whereas, Jim served in the United States Army with distinction from 1955-57; and
Whereas, he was a teacher and coach at Berea High School for many years; and
Whereas, in 1978 Jim was honored by being selected as South Carolina Teacher of the Year; and
Whereas, during his career in the House of Representatives, he served on the Joint Committee on Mental Health and Mental Retardation and as Chairman of the Operations and Management Committee and Chairman of the Ways and Means Health and Human Services Subcommittee; and
Whereas, he was well respected in the General Assembly for his commitment to many worthy causes. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our former colleague in the General Assembly, The Honorable James George "Jim" Mattos of Greenville County, for his ten years of dedicated and outstanding service to the people of South Carolina while a member of the House of Representatives and extend to him and his family best wishes for happiness and success in all of their future endeavors.
Be it further resolved that a copy of this resolution be forwarded to The Honorable James George Mattos.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5093 -- Reps. Felder, Lanford, Carnell and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON RECEIVING RENEWAL ACCREDITATION ON ITS PUBLIC HEALTH PROGRAM BY THE COMMUNITY HEALTH ACCREDITATION PROGRAM, INC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1375:
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
Very respectfully,
President
The Bill was ordered returned to the Senate.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
Rep. J. YOUNG explained the Bill.
On motion of Rep. McELVEEN, with unanimous consent, it was ordered that S. 1037 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. KIRSH moved to continue the Bill, which was not agreed to by a division vote of 31 to 47.
Rep. FELDER moved to adjourn debate upon the Senate amendments.
Rep. RICHARDSON moved to table the motion.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Breeland Brown, J. Byrd Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Lanford Law Limbaugh Limehouse Lloyd Mason McElveen McMahand McTeer Meacham Neal Neilson Richardson Sandifer Sheheen Shissias Simrill Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Brown, G. Brown, H. Brown, T. Cain Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Kinon Kirsh Klauber Knotts Koon Lee Littlejohn Loftis McAbee McCraw Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Witherspoon Wright
So, the motion to adjourn debate was tabled.
Rep. SHARPE moved immediate cloture on the entire matter.
Rep. MEACHAM proposed the following amendment No. 13A (Doc Name P:\amend\PFM\9483AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-20-10. As used in this chapter:
(1) 'Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) 'Animal' means a domesticated animal belonging to the porcine species.
(3) 'Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding operation if they are adjacent or utilize a common system for animal waste storage.
(4) 'Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) 'Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) 'Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) 'Department' means the South Carolina Department of Health and Environmental Control.
(8) 'Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) 'Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.
(10) 'Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.
(11) 'Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) 'Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) 'Waste Utilization area' means land on which animal waste is spread as a fertilizer.
(14) 'Watershed' means a drainage area contributing to a river, lake, or stream.
(15) 'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
(16) 'Wetlands' means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands must be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria must be met for an area to be identified as wetlands.
Section 47-20-20. (A) All siting requirements for animal feeding operations must be measured from property lines.
(B) After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:
(1) For an animal feeding operation with a capacity of 420,000 to 840,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,000 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(2) For an animal feeding operation with a capacity of 840,001 to 1,260,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(3) For an animal feeding operation with a capacity of 1,260,001 to 1,680,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(4) For animal feeding operations with a capacity of more than 1,680,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.
(5) The minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.
(6) The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.
(7) The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 1,000 feet. A minimum 100-foot vegetative buffer of plants and trees is required.
(8) If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department and the appropriate local government officials.
(C) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.
(D) No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department.
(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to drinking water quality standards.
(F) The setback limits are minimum siting requirements. The department shall promulgate regulations specifying factors that the department shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:
(1) proximity to 100-year flood plain;
(2) soil type;
(3) location in watershed;
(4) nutrient sensitivity of receiving waters;
(5) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
(6) proximity to other point and nonpoint sources; and
(7) slope of the land.
Section 47-20-30. A separation distance requirement as provided in Section 47-20-20(1)-(4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Mesne Conveyances of the county in which the benefitted land is located. The filed waiver precludes enforcement by the State of Section 47-20-20 (B)(1) - (4) as it relates to the animal feeding operation and to real property owned by another person.
Section 47-20-40. (A) The department shall promulgate regulations relating to land application rates for animal waste for animal feeding operations of a capacity for more than 420,000 pounds of normal production animal live weight at any one time. These rates must be based on the waste's impact on the environment, animals, and people living in the environment. In developing annual pollutant loading rates and cumulative pollutant loading rates, the department shall consider:
(1) soil type;
(2) type of vegetation growing in land-applied area;
(3) proximity to 100-year flood plain;
(4) location in watershed;
(5) nutrient sensitivity of receiving land and waters;
(6) soil and sediment tests of receiving land and waters;
(7) nutrient, heavy metal, and pollutant content of the waste being applied;
(8) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately owned wildlife refuge, park, or trust property;
(9) proximity to other point and nonpoint sources;
(10) slope of land;
(11) distance to water table or ground water aquifer;
(12) timing of waste application to coincide with vegetative cover growth cycle;
(13) timing of harvest of vegetative cover;
(14) hydraulic loading limitations; and
(15) soil assimilative capacity;
(16) type of vegetative cover and its nutrient uptake ability;
(17) method of land application.
(B) The department shall require calibration of spray irrigation equipment.
(C) Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.
(D) The department shall ensure that owners or operators adhere to land application rates.
Section 47-20-50. The following application rates shall only apply to animal feeding operations with a capacity of more than 420,000 pounds of normal production animal live weight at any one time.
(A) The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.
(B) The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.
(C) The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.
Section 47-20-60. (A) The department shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.
(B) Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 420,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.
(C) The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.
(D) Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.
(E) Waste must not be placed directly in or allowed to come into contact with groundwater. Additionally, the minimum separation distance between the lowest point of the lagoon and a waste storage pond and the highest point of the water table beneath the lagoon is 2 feet, unless adequate provisions have been taken and meet the standards established in regulations promulgated by the department.
(F) The department shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.
(G) The department shall consider the cumulative impacts including, but not limited to, impacts from evaporation, storm water, and other potential and actual point and nonpoint sources of pollution runoff, levels of nutrients or other elements in the soils and nearby waterways, ground water or aquifer contamination, pathogens or other elements, and the pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department may require alternative waste treatment in watersheds which are nutrient-sensitive.
(H) Disposal of animal carcasses or body parts into waste lagoons is prohibited.
Section 47-20-70. (A) No person may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the department. When an odor problem comes to the attention of the department through field surveillance or specific complaints, the department shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:
(1) the health or welfare of the people;
(2) plant, animal, or marine life;
(3) property;
(4) enjoyment of life or use of affected property.
(B) The department may require these abatement or control practices:
(1) removal or disposal of odorous materials;
(2) methods in handling and storage of odorous materials that minimize emissions;
(3) prescribed standards in the maintenance of premises to reduce odorous emissions;
(4) best available control technology to reduce odorous emissions.
(C) After determining an undesirable level of odor exists, the department shall require remediation of the undesirable level of odor.
(D) Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.
Section 47-20-80. (A) The department, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.
(B) All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department regulations in order to maximize vector control.
Section 47-20-90. (A) The department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.
(B) The department also shall act on all permits so as to prevent degradation of water quality due to the cumulative and secondary effects of permit decisions. Cumulative and secondary effects are impacts attributable to the collective effects of a number of animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.
Section 47-20-100. The department shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 420,000 pounds of normal production animal live weight at any one time. The annual inspection must include, but is not limited to, an on-site visit, review of the implementation of a waste management plan, review of results of monitoring analysis, annual pollutant loading rates, cumulative pollutant loading rates, and review of all records required by this chapter.
Section 47-20-110. (A) All animal feeding operations established after the effective date of this chapter which require the use of a lagoon and a waste storage pond and which have a capacity for more than 420,000 pounds of normal production animal live weight at any one time are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the department considers appropriate around the lagoon in order to monitor seepage of waste from the lagoon.
(B) Each monitoring well installed must be analyzed at least once annually. However, the department may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.
(C) Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department.
(D) If leakage is discovered beyond an acceptable level as determined by the department, the lagoon must be repaired at the owner or operator's expense.
Section 47-20-120. (A) No waste may be released from the premises of an animal feeding operation to waters of the State unless the waste is treated to drinking water quality standards.
(B) Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this chapter.
Section 47-20-130. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.
(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).
Section 47-20-140. (A) For an animal feeding operation which has the capacity of more than 420,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.
(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.
Section 47-20-150. (A) Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.
(B) The department shall determine the appropriate fee for permit renewals.
Section 47-20-160. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by January 1, 1997.
(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 420,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.
Section 47-20-170. Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION 3. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. SPEARMAN spoke against the amendment.
Rep. FELDER moved to table the motion.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis McAbee McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Tripp Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Baxley Beck Breeland Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Harrell Harris, J. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse Lloyd Mason McElveen McMahand Meacham Neal Neilson Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Stille Townsend Trotter Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
So, the House refused to table the amendment.
Rep. QUINN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Hallman Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse Lloyd Mason McElveen McMahand Meacham Neal Neilson Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Stille Trotter Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis Martin McAbee McCraw Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Witherspoon Wright
So, the amendment was adopted.
Rep. RICE proposed the following Amendment No. 14A (Doc Name P:\amend\PT\2608JM.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION____. Notwithstanding any other provision of this act or of law, the closed United States Naval Base in Charleston County and the plant at the Savannah River Site are exempt from any regulations which restrict economic development of the hog industry./
Renumber SECTIONS to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. SEITHEL moved to table the amendment, which was agreed to by a division vote of 60 to 28.
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. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
Rep. KLAUBER proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3847DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION 1. Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National Guard' and the figure of the 'Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."/
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6110CM.96), which was adopted.
Amend the bill, as and if amended, Section 56-5-765(D), SECTION 3, page 3, line 18 by inserting /wilfully/ after /person/.
Amend title to conform.
Rep. COOPER 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.
Rep. FELDER moved to reconsider the vote whereby S. 119 was continued and the motion was noted.
The motion of Rep. G. BROWN to reconsider the vote whereby the House concurred and enrolled the following Bill was taken up.
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Rep. JENNINGS spoke in favor of the motion to reconsider.
The motion to reconsider was agreed to.
Rep. McELVEEN proposed the following Amendment No. 1A, which was adopted.
Add at the end:
or unless the parties have agreed to such a prohibition.
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. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
Rep. KLAUBER proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3846DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National Guard' and the figure of the 'Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."/
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER 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 SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day.
Rep. H. BROWN made a statement relative to H. 4600, the General Appropriations Bill.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4614:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
and asks for a Committee of Conference and has appointed Senators Moore, Richter and Fair of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KELLEY, EASTERDAY and ALLISON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
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. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
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 acting words and inserting the following:
/SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 512 of 1994, is further amended to read:
"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."
SECTION 2. This act takes effect upon approval by the Governor./
/s/Senator James Bryan /s/Rep. Denny Neilson Senator McKinley Washington /s/Rep. Michael Jaskwhich /s/Senator William Mescher /s/Rep. William Cotty for the Senate. for the House.
Rep. JASKWHICH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Rep. KNOTTS proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3815HTC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. There must be erected on the State House grounds a suitable monument celebrating Scottish-American culture and commemorating the great contributions made by that community to this State. The design and location of the monument must be approved by the State House Committee but only private contributions may be used for the design and construction./
Renumber sections to conform.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 1A was out of order as it was not germane.
Rep. KNOTTS argued contra the Point.
ACTING SPEAKER CATO stated that it was germane to the Bill as amended by the Senate and he overruled the Point of Order.
Rep. KNOTTS continued speaking.
Rep. KNOTTS continued speaking.
Rep. SIMRILL moved to table the amendment, which was agreed to.
The SPEAKER granted Reps. WRIGHT and KLAUBER a leave of absence for the remainder of the day.
Rep. DAVENPORT proposed the following Amendment No. 27A (Doc Name P:\amend\PT\2609JM.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Notwithstanding any other provision of law, an employer not subject to Title 42 of the 1976 Code of Laws on the effective date of this act shall have until July 1, 1999, to become subject to Title 42./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 27A was out of order as it was not germane.
Rep. DAVENPORT argued contra the Point.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following was received.
Columbia, S.C., May 30, 1996
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. 4834:
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 3838:
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4338:
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 506:
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4277:
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 1286:
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4431:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Very respectfully,
President
The Report of the Committee of 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.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.
Whereas, the members of the General Assembly note that their friend and colleague, C. D. Chamblee, representing House District 8 in Anderson and Oconee Counties, has chosen not to seek reelection this year; and
Whereas, since his first election to the House of Representatives in 1977 and most recently in his service beginning in 1985, he has served the people of his district with great distinction and singular energy, working on their behalf and in behalf of all citizens of South Carolina as he has so effectively moved through the corridors of power; and
Whereas, the career of this legislator is an exemplar of the high calling of public service and a benchmark for those who continue to serve and who in the future will take up the burden of office; and
Whereas, it is appropriate that the portion of South Carolina Highway 187 between S.C. 24 and U.S. 29 be named "C. D. Chamblee Highway" as a continuing tribute to his years of labor on behalf of the citizens of the district. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate that portion of South Carolina Highway 187 in Anderson County described in this resolution as "C.D. Chamblee Highway" and install appropriate markers or signs at places along the highway as the department considers advisable containing the words "C. D. Chamblee Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Representative Chamblee.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5094 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION TO CONGRATULATE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON CAPTURING THE 1996 CLASS AA STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SHEHEEN, the House non-concurred in the Senate amendments to the following Concurrent Resolution, and a message was ordered sent to the Senate accordingly.
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. LANFORD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Byrd Cain Canty Davenport Hallman Harvin Hodges Inabinett Jaskwhich Lanford Lee McMahand Phillips Rhoad Rogers Sandifer Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Bailey Baxley Beck Boan Brown, G. Brown, H. Brown, T. Carnell Cato Cave Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Harrell Harris, J. Harris, P. Hines, J. Howard Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McElveen McTeer Neal Neilson Quinn Rice Richardson Riser Robinson Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
So, the House refused to adjourn.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4796:
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
President
On motion of Rep. HARVIN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARVIN, FULMER and KOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4434:
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
and asks for a Committee of Conference and has appointed Senators Holland, Hayes and Courtney of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. MARTIN, KNOTTS and D. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
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 SECTION 21 in its entirety.
Renumber SECTIONS to conform.
Amend title to conform.
/s/Thomas L. Moore /s/Mark S. Kelley Lawrence E. Richter /s/Michael E. Easterday /s/Michael L. Fair /s/Merita Ann Allison On Part of the Senate. On Part of the House.
Rep. KELLEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. BAILEY asked unanimous consent to recall S. 66 from the Committee on Ways and Means.
Rep. TRIPP objected.
Rep. LITTLEJOHN asked unanimous consent to recall S. 1032 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.
Rep. MASON objected.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. HALLMAN objected.
The COMMITTEE OF CONFERENCE, to whom was referred:
That the same do pass with the following amendments:
/s/John Drummond /s/Henry E. Brown, Jr. /s/J. Verne Smith /s/William D. Boan /s/Ty Courtney /s/Alfred B. Robinson, Jr. On Part of the Senate. On Part of the House.
Reps. H. BROWN and BOAN explained the Conference Report.
Reps. H. BROWN and ROBINSON explained the Conference Report.
Rep. H. BROWN continued speaking.
Rep. HODGES spoke upon the Conference Report.
Rep. BOAN moved to waive Rule 5.14, which was agreed to.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Reps. McELVEEN and CARNELL a leave of absence for the remainder of the day.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
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 1995-96 the following amounts:
(1) Federal Retiree Settlement 11,500,000
(2) Catawba Indian Settlement 2,500,000
(3) Budget & Control Board-
State House Renovation 4,530,422
(4) State Election Commission-
1996 General Election Expenses 1,435,190
(5) Department of Public Education-
Instructional Materials 13,602,951
(6) The South Carolina School for
The Deaf and The Blind-
Facility and Equipment Upgrade 350,000
(7) Budget & Control Board-
Public Education Technology 10,000,000
(8) Commission on Higher Education-
Formula Funding 33,700,000
Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.
(9) University of South Carolina-
Institute of Public Affairs 300,000
(10) South Carolina Department of
Labor, Licensing and Regulation-
Fire Academy-Equipment and
Dry Hydrants 450,000
The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.
(11) John De La Howe School-
Building Maintenance 65,000
(12) Human Affairs Commission-
Computer Upgrade 24,000
(13) Wil Lou Gray-
Dorm Furniture and Equipment 165,000
(14) Wil Lou Gray-
Replace Telephone System 50,000
(15) Department of Agriculture-
Horticulture Building 200,000
(16) Department of Natural Resources-
(a) Game-Construction/Renovate Facilities 509,775
(b) Marine Resources - Equipment 300,000
(c) Water Resources - Equipment 154,000
(d) Geology Equipment and Vehicles 53,520
(17) Clemson Public Service Activities-
Plant Industries Research Complex and
Other 600,000
Total Capital Reserve Fund
Appropriation 80,489,858
SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 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. Henry E. Brown, Jr. /s/Senator J. Verne Smith /s/Rep. William D. Boan /s/Senator Ty Courtney /s/Rep. Alfred B. Robinson, Jr. On Part of the Senate. On Part of the House.
The question then recurred to the adoption of the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Harrell Harris, J. Harris, P. Hines, J. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis McCraw McMahand McTeer Meacham Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 30, 1996
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. 4600:
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4602:
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to:
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
and asks for a Committee of Conference and has appointed Senators Holland, Moore and McConnell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. D. SMITH, BOAN and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Short, Courtney and Washington of the Committee of Conference on the part of the Senate on H. 4789:
H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.
Very respectfully,
President
Received as information.
Rep. LIMBAUGH moved to reconsider the vote whereby the House non-concurred in the Senate amendments to the following Bill, which was agreed to.
H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.
Reps. LIMBAUGH and COTTY spoke in favor of the Senate amendments.
The question then recurred to concur or non-concur in the Senate amendments.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The Senate amendments were agreed to by a division vote of 50 to 24, 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 from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to:
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
and asks for a Committee of Conference and has appointed Senators McConnell, Moore and Russell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. FELDER, KNOTTS and D. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.
On motion of Rep. COOPER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.
Whereas, the Federal Highway Administration established a tandem axle weight limit of 34,000 pounds for vehicles operating on interstate highways; and
Whereas, in a settlement of a legal action by the trucking industry against the Federal Highway Administration's enforcement efforts, the federal agency in 1983 allowed the State to continue to use the 35,200 pound limit it has used for over twenty-five years; and
Whereas, the General Assembly of the State of South Carolina has always considered the tandem axle weights of vehicles and the gross weights of vehicles to be separate and distinct; and
Whereas, in the settlement the federal agency restricted the use of the 35,200 pound tandem axle weight limit to vehicles whose gross weight is 75,185 pounds or less instead of allowing the tandem axle weight limit to apply to vehicles having gross weights of 80,000 pounds; and
Whereas, this restriction has caused intrastate vehicles having gross weights of between 75,185 and 80,000 pounds to use less safe and lower quality highways and roads, rather than interstate highways, thereby placing a substantial financial burden on the State's industries and increased concerns over highway safety; and
Whereas, the terms of the Federal Surface Transportation Assistance Act of 1982 were amended and Congressional intent is clear to allow a state to determine what vehicles or combinations of vehicles could be operated on the interstate highways; and
Whereas, by authority of an act of 1996 (S.1162) of the General Assembly of South Carolina, the State authorizes a 35,200 tandem axle weight limit on vehicles or combination vehicles to a gross weight of 80,000 pounds on the interstate highways of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the United States Department of Transportation's Federal Highway Administration is requested to accept the statutory law of South Carolina (S.1162 as enacted) as the authority to govern the acceptable vehicle tandem axle weight and gross vehicle weight for vehicles operated on the interstate highways of South Carolina.
Be it further resolved that the State of South Carolina shall continue to enforce all other federal bridge formula requirements for vehicles operating between 75,185 and 80,000 pounds of gross weight.
Be it further resolved that a copy of this resolution be forwarded to the Governor of South Carolina, the Attorney General of South Carolina, the South Carolina Departments of Transportation, Public Safety, and Commerce, each member of the Congress of the United States representing South Carolina, the Secretary of the United States Department of Transportation, and the Director of the Federal Highway Administration.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1438 -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING WALHALLA HIGH SCHOOL'S SCHOOL TO WORK PROGRAM IN OCONEE COUNTY ON BEING ONE OF TEN PROGRAMS TO BE RECOGNIZED BY THE NATIONAL COUNCIL OF RESEARCH AND VOCATIONAL EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1439 -- Senators Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR LAWRENCE E. "LARRY" RICHTER ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO CHARLESTON AND BERKELEY COUNTIES AND THE STATE OF SOUTH CAROLINA.
Whereas, the adjournment of the General Assembly this year will mark the end of Senator Lawrence E. "Larry" Richter's distinguished service as a member of the General Assembly; and
Whereas, Senator Larry Richter has ably represented District Number Forty-four in the South Carolina Senate since his election in 1992; and
Whereas, Senator Richter is married to the former Anne Claire Welch with whom he has three children: Alice Anne, Claire Ellen, and Anna Elizabeth; and
Whereas, Senator Richter graduated from Bishop England High School in 1964, from the University of North Carolina in 1968, and from the University of South Carolina School of Law in 1971; and
Whereas, Senator Richter served as a Family Court Judge for the Ninth Judicial Circuit from 1980 to 1982; and
Whereas, Senator Richter served as a Circuit Court Judge for the Ninth Judicial Circuit from 1982 to 1988; and
Whereas, Senator Richter has maintained a successful law practice since he left the judiciary, balancing his practice for the last four years with his service in the Senate; and
Whereas, Senator Richter has served ably on a number of committees during his tenure in the Senate, including the Agricultural and Natural Resources, Corrections and Penology, Medical Affairs, and Transportation committees; and
Whereas, Senator Richter has been at the forefront of reforms made in the criminal justice and corrections communities, being an early sponsor of legislation to eliminate parole and being the author of recent enactments which restricted the conduct of inmates and created a Sex Offender Registry; and
Whereas, Senator Richter's prior service as a member of the Judiciary provided a unique perspective to the General Assembly; and
Whereas, Senator Richter's tireless dedication provides a positive role model and example of service for all of his peers to emulate. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize Senator Larry E. Richter for his distinguished accomplishments and contributions to Charleston and Berkeley Counties and the State of South Carolina, and wish him a long and prosperous career.
Be it further resolved that a copy of this resolution be forwarded to Senator Larry Richter.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 30, 1996
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. 3285:
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 3116:
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 95:
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4012:
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.
On motion of Rep. HODGES, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.
Whereas, endless budget conflict in the United States Congress has jeopardized the funding of vital environmental programs because the taxes and fees on the petroleum and chemical industries supporting the programs have lapsed and the budget impasse has prevented their reimposition; and
Whereas, among other things, the taxes and fees go to provide funding for the Superfund Program that steps in to clean up environmentally unsafe waste sites when private funds are not available for that purpose, and for the Oil Spill Fund Account and the Leaking Underground Storage Tank Trust Fund; and
Whereas, these taxes and fees paid by the chemical and petroleum industries are vital in ensuring a safe environment for all Americans and in themselves are not significant issues in the budget conflict. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the Congress of the United States promptly to reimpose the environmental taxes and fees that have lapsed due to unrelated budgetary conflicts, so that the important work of funding the Superfund Account, Oil Spill Trust Account, and the Leaking Underground Storage Tank Trust Fund Account can go forward.
Be it further resolved that a copy of this resolution be forwarded to 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 Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate returned to the House with amendments the following:
H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
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 SPEAKER granted Reps. STODDARD and BAILEY a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration:
H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.
Rep. McTEER proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6111AC.96), which was ruled out of order.
Amend the bill, as and if amended, Section 59-40-140, page 11, by adding at the end of subsection (A):
/Funding for full-day kindergarten must be distributed to all charter schools desiring to offer a full-day kindergarten program. The sponsor shall distribute to the charter school a per-pupil level of funding for all-day kindergarten on the same basis as the distribution is made to other public kindergarten programs in the district. However, in the school year 1998-99 and each year thereafter, sufficient funding must be included in the general appropriations act to provide funding at the base student cost level for each child in the State desiring to attend an all-day kindergarten./
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. RICHARDSON raised the Point of Order that Amendment No. 1A was out of order as it was not germane in that the Bill dealt with charter schools and the amendment dealt with funding full day kindergarten. He further stated that the author was trying to tie the amendment in through Chapter 59.
Rep. McTEER argued contra the Point in stating that the amendment was germane because the Bill did to charter schools what had been done to public schools all along and that was putting a mandate on the schools to provide for the programs. He further stated that no funding was provided for the all day kindergarten for the charter schools under Section 59-41-48. He further stated that the money that the schools got was from the EFA inflation factor which was not based on the number of students. He further stated that the purpose of the amendment was to say that if they were going to have a full day kindergarten program in the charter schools, then they must be funded by the sponsoring agency.
Rep. ROBINSON stated that the amendment was not germane in that the provisos in the budget only distributed money to school districts and charter schools were independent from school districts.
Rep. HARRELL stated that the substantial effect of the amendment was to expand full day kindergarten statewide and was not germane.
Rep. McTEER stated that his concern was the charter schools having funds from the sponsoring district to provide for the program and that you could not take just one sentence to determine germaneness.
Rep. HODGES stated that this was similar to the Rural Development Act being added to the Income Tax Code and other things that the House had done. He further stated that there was a ruling a few years ago from then Speaker Sheheen in which he ruled a provision dealing with video poker to be germane.
The SPEAKER stated that the Bill dealt with charter schools and how they would be formed, funded, regulated and governed and the last sentence of the amendment summed up the major impact of the amendment and under Rule 9.3 it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. SHEHEEN 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 from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 659:
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
and asks for a Committee of Conference and has appointed Senators Cork, McGill and Rankin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KELLEY, KEEGAN and RICHARDSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4706:
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
and asks for a Committee of Conference and has appointed Senators Leatherman, Leventis and Matthews of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. R. SMITH, FELDER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4518:
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
and asks for a Committee of Conference and has appointed Senators Drummond, Thomas and Jackson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KIRSH, H. BROWN and QUINN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. BOAN moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Harrell Harris, J. Hines, J. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis McCraw McMahand McTeer Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
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. BOAN, D. SMITH and HARRELL 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. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
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:
/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that when the Senate and House of Representatives adjourn on Thursday, May 30, 1996, to adjourn not later than 8:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 12, 1996, and on Thursday, June 13, 1996, to adjourn not later than 5:00 p.m. on Thursday, June 13, 1996, for consideration of the following matters:
(1) receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;
(2) ratification of acts;
(3) consideration of vetoes;
(4) resolutions expressing sympathy or congratulations;
(5) consideration of S. 82, S. 95, S. 119, S. 659, S. 1037, S. 1117, S. 1216, H. 3201, H. 3446, H. 3584, H. 3730, H. 3838, H. 4443, H. 4469, H. 4472, H. 4518, H. 4557, H. 4704, H. 4706, H. 4755, H. 4789, H. 4833, and H. 4861;
(6) consideration and confirmation of appointments; and
(7) consideration of local legislation which has the unanimous consent of the affected delegation.
(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts and consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die.
(C) Each house may also provide for local session days during the period between May 30, 1996, and June 12, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation./
Amend title to conform.
/s/Donald H. Holland /s/William D. Boan /s/Glenn F. McConnell /s/William Douglas Smith /s/Thomas L. Moore /s/Robert William Harrell, Jr. On Part of the Senate. On Part of the House.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Cato Cave Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fulmer Gamble Govan Harrell Harris, J. Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Knotts Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis McCraw McMahand McTeer Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
So, having received the necessary vote, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 30, 1996
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. 3228:
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Very respectfully,
President
The report of the Committee of 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 following was received.
Columbia, S.C., May 30, 1996
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. 4614:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Very respectfully,
President
The report of the Committee of 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 following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Moore and McConnell of the Committee of Free Conference on the part of the Senate on H. 5041:
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
The following was received.
Columbia, S.C., May 30, 1996
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. 5041:
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
The following was received.
Columbia, S.C., May 30, 1996
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. 4600 and 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:
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
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. 4602 and 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. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
The Senate has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at your convenience today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. BOAN the invitation was accepted.
Rep. BOAN moved that the House stand at ease until the Ratification of Acts and thereafter stand adjourned, which was agreed to.
At 7:40 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R439) S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.
(R440) S. 507 -- Senator Wilson: AN ACT TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.
(R441) S. 583 -- Senator Russell: AN ACT TO AMEND SECTIONS 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.
(R442) S. 846 -- Senator Giese: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPICS LICENSE PLATES.
(R443) S. 876 -- Senator Bryan: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND THEIR ANNUAL OPERATING BUDGETS AND TAX LEVIES, SO AS TO ALLOW BOTH DISTRICTS TO LEVY A PERMANENT SIX MILLS FOR ALTERNATIVE SCHOOLS AND OTHER CLASSROOM ENHANCEMENTS.
(R444) S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: AN ACT TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
(R445) S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: AN ACT TO AMEND SECTION 1-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF A 'REGULATION'; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLISHING NOTICE OF PROPOSED REGULATIONS AND CONTENT OF SUCH NOTICES, SO AS TO REQUIRE PUBLISHING THE TEXT OF THE REGULATION AND A JUSTIFICATION FOR REGULATIONS NOT REQUIRED FOR COMPLIANCE WITH FEDERAL LAWS AND TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION; TO AMEND SECTION 1-23-111, RELATING TO THE PROCESS FOR AGENCY PROMULGATION OF REGULATIONS, SO AS TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AN AGENCY MAY ELECT WHEN THE OFFICIAL PRESIDING AT THE PUBLIC HEARING FINDS THAT THE NEED FOR OR REASONABLENESS OF THE REGULATION HAS NOT BEEN ESTABLISHED; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS, SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED, TO PROVIDE THAT THE ONE-HUNDRED-TWENTY-DAY REVIEW PERIOD IS TOLLED WHEN A REPORT IS REQUESTED AFTER THE REGULATION HAS BEEN SUBMITTED FOR GENERAL ASSEMBLY REVIEW AND TO CLARIFY WHAT FACTORS MUST BE ANALYZED IN DETERMINING THE NEED AND REASONABLENESS OF A REGULATION; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW AND TO REQUIRE EACH AGENCY TO REVIEW ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO FURTHER CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW.
(R446) S. 929 -- Senators McConnell, Ryberg and Wilson: AN ACT TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.
(R447) S. 941 -- Senators Wilson, Lander, Leventis and Reese: AN ACT TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
(R448) S. 944 -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
(R449) S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH STUDENTS AFTER DECEMBER 1, 1996, WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EEE AFTER TWO ATTEMPTS MAY RETAKE THE EXAMINATION FOR A THIRD AND FOURTH TIME, AND TO PROVIDE THAT BEFORE A STUDENT MAY ENTER A TEACHER EDUCATION PROGRAM AFTER DECEMBER 1, 1996, HE OR SHE MUST HAVE PASSED THE EEE.
(R450) S. 1049 -- Senator Rankin: AN ACT TO AMEND SECTION 23-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR.
(R451) S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
(R452) S. 1084 -- Judiciary Committee: AN ACT TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61 RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.
(R453) S. 1102 -- Senator Holland: AN ACT TO AMEND SECTIONS 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND THE OATH OF AN ABSENTEE BALLOT APPLICANT; AND 7-15-385, AS AMENDED, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO PROVIDE THAT, IN THE EVENT THE VOTER CANNOT WRITE BECAUSE OF A PHYSICAL HANDICAP OR ILLITERACY, HE MUST MAKE HIS MARK AND HAVE THE MARK WITNESSED BY SOMEONE HE DESIGNATES.
(R454) S. 1114 -- Senator Greg Smith: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES AND INCLUDE A REFERENCE TO HORRY COUNTY HAVING A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON WITH THE ADDITIONAL REQUIREMENT THAT THE GOVERNING BODY OF GEORGETOWN COUNTY MUST ADVERTISE THE APPOINTMENT BEFORE TAKING ACTION ON IT.
(R455) S. 1123 -- Senator Reese: AN ACT TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
(R456) S. 1147 -- Senator Hayes: AN ACT TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER AS A PREREQUISITE FOR A WARRANT TO BE ISSUED PURSUANT TO THIS PROVISION.
(R457) S. 1152 -- Senator Fair: AN ACT TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
(R458) S. 1160 -- Senator Holland: AN ACT TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410 RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430 RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130 RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140 RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150 RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160 RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170 RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180 RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190 RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240 RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250 RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350 RELATING TO VERIFICATION OF REGISTRATION.
(R459) S. 1162 -- Senator Martin: AN ACT TO AMEND SECTIONS 7-13-710, 8-11-10, 12-36-1710, 12-37-220, 12-37-2660, 12-37-2725, 12-37-2727, 12-43-220, 12-43-300, 12-45-70, 12-49-225, 12-49-271, 12-49-310, 12-54-240, 14-7-130, 15-9-350, 15-9-36, 15-9-370, 23-31-140, 24-3-110, 31-17-320, 31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-316, 38-73-455, 38-77-113, 38-77-340, 43-5-620, 44-43-30, 44-34-70, 56-1-10, 56-1-270, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350, 56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460, 56-1-475, 56-1-510, 56-1-540, 56-1-630, 56-1-740, 56-1-770, 56-1-790, 56-1-810, 56-1-850, 56-1-1030, 56-1-1090, 56-1-1130, 56-1-1320, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-5-6230, 56-10-10, 56-10-20, 56-10-40, AND 56-10-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PROVISIONS, BUSINESS HOURS FOR DEPARTMENTS OF STATE GOVERNMENT, EXCISE TAXES ON CERTAIN MOTOR VEHICLE SALES, EXEMPTION FROM TAXES, THE LISTING OF LICENSE REGISTRATION APPLICATIONS, THE CANCELLATION OF CERTAIN LICENSE PLATE AND REGISTRATION CERTIFICATES, THE RETROACTIVE APPLICATION OF SECTION 12-37-2750, THE EQUALIZATION AND REASSESSMENT OF TAXES, THE TIME FOR PAYING AND COLLECTING TAXES, THE ENFORCED COLLECTION OF TAXES, THE REQUIREMENT AS TO COMPLIANCE WITH THE DEPARTMENT OF REVENUE AND TAXATION REGULATIONS, THE PREPARATION OF JURY LISTS, SUMMONS, PUBLICATION AND SERVICE, THE PURCHASE OF A PISTOL, MANUFACTURING LICENSE PLATES, MOBILE HOME LICENSING REQUIREMENTS, MOBILE HOME MOVING PERMITS, MOVING MOBILE HOMES, OBTAINING A MOBILE HOME CERTIFICATE OF TITLE, MOBILE HOME BUYER PROTECTION, SALE OF SECURED PROPERTY WITHOUT CONSENT, EXCEPTIONS TO CHANGING THE BASE RATE FOR AUTOMOBILE INSURANCE, CONDITIONS FOR WAIVING THE LICENSE REINSTATEMENT FEE, EXCLUSIONS FROM AUTOMOBILE INSURANCE COVERAGE, PROVIDING CERTAIN MOTOR VEHICLE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES, DISTRIBUTING FORMS AUTHORIZING ORGAN DONATION UPON LICENSE RENEWAL, RECRUITMENT FOR ORGAN DONORS AND DISSEMINATION OF INFORMATION, DRIVER'S LICENSES, THE SUSPENSION OF THE REGISTRATION OF VEHICLES REPORTED AS STOLEN, THE REQUIREMENT OF PROOF OF PAYMENT OF THE FEDERAL USE TAX, THE ISSUANCE OF FIRST-TIME REGISTRATION AND LICENSE PLATES, PAYMENT OF A FINE OR FORFEITURE OF A BOND FOR A TRAFFIC VIOLATION, MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, THE FULFILLMENT OF WARRANTY AGREEMENTS AND DEFINITIONS RELATING TO THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, SO AS TO DEVOLVE CERTAIN FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION UPON THE DEPARTMENT OF PUBLIC SAFETY, AND TO REVISE CERTAIN OTHER DEPARTMENTAL REFERENCES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE LOANED TO AN ECONOMIC DEVELOPMENT ENTITY; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT'S ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 1-30-95, AS AMENDED, RELATING TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO REVISE EXEMPTED ITEMS THE DEPARTMENT OF PUBLIC SAFETY MAY PROCURE; TO AMEND SECTIONS 12-4-10 AND 12-4-15, BOTH AS AMENDED, RELATING TO THE CREATION OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO THE ISSUANCE OF TAX NOTICES AND PAID RECEIPTS, SO AS TO REVISE THE PROCESS OF ISSUING NOTICES AND RECEIPTS AND TO TRANSFER CERTAIN AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-49-290, AS AMENDED, RELATING TO THE RIGHTS OF MORTGAGEES AND OTHERS, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-49-330, AS AMENDED, RELATING TO THE RIGHTS OF A LIENHOLDER WITH A SECURITY INTEREST FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION, SO AS TO REVISE THE AUTHORITY OF THIS AGENCY; TO AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF CERTAIN ITEMS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 17-5-130, AS AMENDED, RELATING TO QUALIFICATIONS FOR CORONER, SO AS TO TRANSFER CERTAIN AUTHORITY FROM THE LAW ENFORCEMENT TRAINING COUNCIL TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 19-5-30, AS AMENDED, RELATING TO THE ADMISSIBILITY OF CERTAIN COPIES OF MOTOR VEHICLE RECORDS, SO AS TO REVISE THE TYPES OF COPIES THAT ARE ADMISSIBLE AND TO TRANSFER CERTAIN AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED ON VARIOUS LICENSES TO BE USED TO COLLECT CHILD SUPPORT OBLIGATIONS, SO AS TO REVISE THE INFORMATION THAT MUST BE PROVIDED; TO AMEND SECTION 20-7-945, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF CERTAIN LICENSES, SO AS TO REVISE THE REVOCATION REVIEW PROCEDURE AND TO PROVIDE A PROCEDURE TO INDEMNIFY A LICENSING ENTITY FROM CONSEQUENCES THAT MAY RESULT FROM THE REVOCATION OF A LICENSE; TO AMEND SECTIONS 23-6-20 AND 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS DUTIES AND POWERS; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S ANNUAL AUDIT, SO AS TO PROVIDE THAT CERTAIN REVENUES GENERATED BY THE DEPARTMENT DURING A PRIOR FISCAL YEAR MAY BE CARRIED FORWARD TO THE CURRENT FISCAL YEAR; TO ADD SECTIONS 23-6-90 AND 23-6-145 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SECURITY FOR CERTAIN GOVERNMENTAL FACILITIES AND TO PROVIDE THAT CERTAIN DEPARTMENT OFFICERS MAY STOP CERTAIN MOTOR VEHICLES AND REQUIRE THE DRIVER TO PRODUCE CERTAIN INFORMATION; TO AMEND SECTION 26-6-300, AS AMENDED, RELATING TO THE CREATION OF THE DIVISION OF MOTOR VEHICLE RECORDS AND VEHICLE INSPECTIONS, SO AS TO CHANGE ITS NAME AND REVISE ITS RESPONSIBILITIES; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE CERTAIN QUALIFICATIONS; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO TRANSFER ADMINISTRATION OF THE HALL OF FAME FROM A COMMITTEE TO THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE THE COMMITTEE ADVISORY, TO CHANGE CHAIRMANSHIP OF THE COMMITTEE, TO CLARIFY REFERENCES, TO DIRECT THE COMMITTEE TO PROVIDE TOURS AND PROGRAMS, AND TO REMOVE THE COMMITTEE'S AUTHORITY TO EMPLOY STAFF; TO AMEND SECTIONS 23-28-20, AS AMENDED, 23-28-30, 23-28-40, 23-28-60, 23-28-80, AND 23-28-90, ALL RELATING TO RESERVE LAW ENFORCEMENT OFFICER TRAINING, SO AS TO TRANSFER VARIOUS DUTIES TO THE DEPARTMENT OF PUBLIC SAFETY AND ITS CRIMINAL JUSTICE ACADEMY DIVISION, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 23-47-20, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO TRANSFER OPERATOR TRAINING DUTIES TO THE CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 31-17-340, AS AMENDED, RELATING TO MOBILE HOME LICENSES, SO AS TO CLARIFY REFERENCES; TO AMEND SECTIONS 38-55-530 AND 38-55-570, BOTH AS AMENDED, BOTH RELATING TO INSURANCE FRAUD AND REPORTING, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 38-77-1120, AS AMENDED, RELATING TO DEFINITIONS FOR MOTOR VEHICLE THEFT AND FRAUD REPORTING, SO AS TO DELETE REFERENCES TO THE DIVISION OF THE STATE HIGHWAY PATROL; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM OBTAINING A DRIVER'S LICENSE, SO AS TO CLARIFY PROVISIONS PERTAINING TO NONRESIDENTS; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SERVICE, TO REVISE THESE PROCEDURES, AND TO DELETE PENALTIES; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO IDENTIFICATION REQUIRED TO OBTAIN A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY DOCUMENTATION REQUIRED; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS, FEES, AND CLASSES OF LICENSES, SO AS TO PROVIDE FOR AN "APPROPRIATE" RATHER THAN A FIXED FEE AND TO REVISE THE WEIGHT OF VEHICLES FOR CERTAIN LICENSE CLASSES; TO ADD SECTION 56-1-141, SO AS TO PROVIDE THAT A PASSING GRADE FROM A QUALIFIED EDUCATION PROGRAM FROM A SECONDARY SCHOOL IS CERTIFICATION THAT DEPARTMENT STANDARDS HAVE BEEN MET; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO EXPIRATION AND RENEWAL OF DRIVER'S LICENSES, SO AS TO AUTHORIZE RENEWAL BY MAIL OF A DIGITIZED LICENSE; TO AMEND SECTION 56-1-280, AS AMENDED, RELATING TO MANDATORY SUSPENSION AND REVOCATION OF DRIVER'S LICENSES, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO REVOKE OR SUSPEND LICENSES FOR CAUSES REQUIRED BY OTHER LAWS OF THIS STATE; TO ADD SECTION 56-1-285 SO AS TO AUTHORIZE THE DEPARTMENT TO REVOKE OR REFUSE TO RENEW A LICENSE FOR FAILURE TO PAY A FEE OR TAX; TO ADD SECTION 56-1-288 SO AS TO AUTHORIZE THE DEPARTMENT TO GARNISH AN INCOME TAX REFUND IN LIEU OF REVOCATION FOR FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-37O, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST A REVIEW AFTER NOTIFICATION OF A SUSPENSION OR OTHER ACTION BY THE DEPARTMENT, SO AS TO CHANGE A REFERENCE FROM COUNTY TO JUDICIAL CIRCUIT AND CLARIFY OTHER REFERENCES; TO AMEND SECTION 56-1-390, RELATING TO THE FEE FOR REINSTATEMENT OF THE LICENSE, SO AS TO CLARIFY A REFERENCE AND AUTHORIZE THE DIRECTOR OR HIS DESIGNEE TO WAIVE OR RETURN THE REINSTATEMENT FEE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-400, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PUBLIC SAFETY, UPON SUSPENDING OR REVOKING A LICENSE, REQUIRE THAT THE LICENSE BE SURRENDERED TO THE DEPARTMENT, SO AS TO CLARIFY REFERENCES AND DELETE REFERENCES TO THE SURRENDERING OF THE LICENSE TO THE DEPARTMENT OF REVENUE AND TAXATION AND THE NOTIFICATION REQUIREMENTS; TO AMEND SECTION 56-1-463, RELATING TO THE REQUIREMENT THAT SECTION 56-1-560 DOES NOT APPLY IF AND WHEN THE PROPOSED SUSPENSION IS BASED SOLELY ON THE LACK OF NOTICE BEING GIVEN TO THE DEPARTMENT, SO AS TO CLARIFY THE REFERENCE AND SPECIFY THAT FINES OR PENALTIES ARE DUE TO THE COURT; TO ADD SECTION 56-1-478 SO AS TO AUTHORIZE THE DEPARTMENT TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES AND POLITICAL SUBDIVISIONS FOR THE COLLECTION OF FINES, FEES, OR OTHER COSTS WHICH RESULTED IN THE REVOCATION OF A PERSON'S DRIVING PRIVILEGES OF PERSON APPLYING FOR A DRIVER'S LICENSE OR RENEWING A DRIVER'S LICENSE IN THIS STATE; TO AMEND SECTION 56-1-640 TO CHANGE A REFERENCE FROM THE LICENSING AUTHORITY OF THE PARTY STATE TO THE DEPARTMENT AND FROM A REFERENCE TO JURISDICTION TO SOUTH CAROLINA; TO AMEND SECTION 56-1-650, RELATING TO THE REPORTING OF CERTAIN VIOLATIONS BY THE LICENSING AUTHORITY IN THE HOME STATE, SO AS TO DELETE REFERENCES TO LICENSING AUTHORITY AND SUBSTITUTE THE REQUIREMENT THAT A STATE THAT IS A MEMBER OF THE DRIVER'S LICENSE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION FOR CERTAIN CRIMES, CLARIFY DESCRIPTIONS OF CERTAIN CRIMES, PROVIDE THAT IF THE VIOLATIONS LISTED IN THIS SECTION ARE NOT PRECISELY THE SAME WORDS USED BY A MEMBER STATE, THE MEMBER STATE SHALL CONSTRUE THE DESCRIPTION TO APPLY TO OFFENSES OF THE MEMBER STATE THAT ARE SUBSTANTIALLY SIMILAR TO THE ONES DESCRIBED, REQUIRE THAT A STATE AS A MEMBER OF THE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION WHERE ANY OTHER OFFENSE OR ANY OTHER INFORMATION CONCERNING CONVICTIONS THAT THE MEMBER STATES AGREE TO REPORT, PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION, THE PROVISIONS OF SECTION 56-1-320 SHALL GOVERN THE EFFECT OF THE REPORT CONVICTION IN THIS STATE AND PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION NOTICE OF THE CONVICTION MUST BE RECEIVED BY THE DEPARTMENT FOR PURPOSES OF SUSPENSION OR REVOCATION WITHIN ONE YEAR OF THE DATE OF CONVICTION; TO AMEND SECTION 56-1-670, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT AND TO SOUTH CAROLINA; TO AMEND SECTION 56-1-680, SO AS TO CHANGE REFERENCES FROM THE HEAD OF THE LICENSING AUTHORITY OF EACH PARTY STATE TO THE DIRECTOR OR HIS DESIGNEE OF THE DEPARTMENT FOR PURPOSES OF FORMULATING NECESSARY PROCEDURES FOR THE EXCHANGE OF INFORMATION UNDER THE COMPACT; TO AMEND SECTION 56-1-746, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE A REFERENCE FOR AN OFFENSE FROM SECTION 56-1-510(4) TO SECTION 56-1-510(5); TO AMEND SECTION 56-1-800, RELATING TO COPIES OF PROCEEDINGS HELD UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER 1 OF THIS TITLE, SO AS TO INCLUDE A REFERENCE TO AN OPTICAL DISK AND TO PROVIDE THAT IT IS DEEMED A TRUE COPY WHEN CERTIFIED BY THE DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-810, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST IN WRITING A REVIEW AFTER NOTICE OF SUSPENSION, SO AS TO DELETE REFERENCES TO REVIEW AND PROVIDE THAT HE HAS THE RIGHT TO AN ADMINISTRATIVE HEARING AND TO CLARIFY A REFERENCE; TO AMEND SECTION 56-1-1020, RELATING TO THE MEANING OF A HABITUAL OFFENDER, AS DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO CLARIFY REFERENCES AND DELETE THE DEFINITION OF CONVICTION UNDER THIS SECTION AND A REFERENCE TO THE APPLICABILITY OF ARTICLE 5, CHAPTER 1 OF THIS TITLE TO CONVICTIONS WHICH OCCURRED PRIOR TO JUNE 14, 1973; TO AMEND SECTION 56-1-1100, RELATING TO THE OPERATION OF A MOTOR VEHICLE IN THIS STATE WHILE THE DECISION OF THE DEPARTMENT PROHIBITING ITS OPERATION IS IN EFFECT, SO AS TO DELETE THE CRIME OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT REMAINS IN EFFECT, AND CLARIFYING REFERENCES; TO AMEND SECTION 56-1-1330, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CORRECT CERTAIN REFERENCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND OTHER REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-1-2100, RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND CHANGE FROM THE FOURTH TO THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT WAS ISSUED THE EXPIRATION OF THE LICENSE; TO AMEND SECTION 56-1-2130, RELATING TO TESTS FOR ALCOHOL OR DRUGS AND THE PRESUMPTION OF CONSENT, SO AS TO CLARIFY A REFERENCE AND DELETE A REFERENCE TO THE REQUIREMENT THAT THE DEPARTMENT BE NOTIFIED IF THE DRIVER IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-3350, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT, SO AS TO CHANGE REFERENCES FROM THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, DELETE THE REQUIREMENT FOR THE SIGNATURE OF THE DIRECTOR OF A FACILITY THAT PROVIDES CARE OR SHELTER TO A HOMELESS PERSON CERTIFYING THAT THE PERSON NAMED IN THE LETTER IS HOMELESS BE DELETED, AND DELETE THE REQUIREMENT THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND TITLE 56 OF THE 1976 CODE BY ADDING CHAPTER 2 SO AS TO PROVIDE THAT THE DEPARTMENT MUST REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID PROPERTY TAXES WITHIN THE TIME LIMITS PRESCRIBED, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE TO COUNTY TREASURERS OR COUNTY TAX COLLECTORS BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, AND THAT THESE OFFICIALS SHALL GIVE THEM TO A MOTOR VEHICLE OWNER, AND TO PROVIDE THAT VALIDATION DECALS MUST BE ISSUED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS; TO AMEND SECTION 56-3-240, RELATING TO CONTENTS OF AN APPLICATION FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE REQUIREMENTS OF THE ODOMETER DISCLOSURE STATEMENT; TO AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF CERTAIN MOTOR VEHICLES ON A MONTHLY BASIS AND THE ASSIGNMENT OF ANNUAL REGISTRATION PERIODS, SO AS TO PROVIDE FOR BIENNIAL REGISTRATIONS OF THESE VEHICLES; TO AMEND SECTION 56-3-620, RELATING TO BIENNIAL REGISTRATION FEES FOR PERSONS OVER SIXTY-FIVE OR WHO ARE HANDICAPPED AND SECTION 56-3-630, RELATING TO FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO REVISE AND FURTHER PROVIDE FOR CERTAIN TERMS; TO AMEND SECTION 56-3-660, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO REVISE THE MANNER IN WHICH THE LICENSE FEES SHALL BE DEPOSITED AND USED; TO AMEND SECTION 55-3-670, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO DELETE LANGUAGE REQUIRING A PERSON TO CERTIFY TO THE DEPARTMENT THAT HE IS A BONA FIDE FARMER; TO AMEND SECTION 56-3-710, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO CHANGE CERTAIN REFERENCES; TO AMEND SECTION 56-3-720, RELATING TO FEES FOR CAMPUS AND TRAVEL TRAILERS, SO AS TO REVISE THE MANNER IN WHICH VEHICLES ARE INCLUDED IN THIS CLASSIFICATION; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR CERTAIN GOVERNMENTAL VEHICLES, SO AS TO REVISE THE TYPES OF GOVERNMENTS TO WHICH THE SECTION APPLIES AND THE WORDS SUCH PLATES MUST BEAR; TO AMEND SECTIONS 56-3-1010, 56-3-1020, AND 56-3-1040, RELATING TO FLEET MOTOR VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES AND PROVIDE THE DEPARTMENT MAY AUTHORIZE SELECT FLEET OPERATORS TO ISSUE SPECIAL LICENSE PLATES AND REGISTRATION CARDS FOR THEIR OWN FLEET VEHICLES; TO AMEND SECTION 56-3-1110, RELATING TO FREE VEHICULAR REGISTRATION FOR DISABLED VETERANS, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES AND PROVIDE THAT SURVIVING SPOUSES OF SUCH VETERANS ARE ALSO ELIGIBLE TO OBTAIN SUCH PLATE SO LONG AS THEY DO NOT REMARRY; TO AMEND SECTION 56-3-1150, RELATING TO FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-1320, RELATING TO FEES FOR REPLACEMENT PLATES AND STICKERS, SO AS TO REVISE THE MANNER IN WHICH THE FEES ARE DETERMINED; TO AMEND SECTION 56-3-1330, RELATING TO SUSPENSION, CANCELLATION, OR REVOCATION OF REGISTRATIONS AND LICENSINGS, SO AS TO DELETE CERTAIN JURISDICTION OF THE CIRCUIT COURT OVER THESE MATTERS; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURE FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTIONS 56-3-1610, 56-3-1620, AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURES FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTION 56-3-1710, RELATING TO THE DESIGN OF PLATES FOR PUBLICALLY-OWNED VEHICLES, SO AS TO FURTHER PROVIDE FOR SUCH DESIGN AND THE APPLICABILITY OF THE PROVISIONS OF THE SECTION; TO AMEND SECTIONS 56-3-1750, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE MILITARY RESERVE, 56-3-1810, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, AND 56-3-1850, RELATING TO SPECIAL LICENSE PLATES FOR MEDAL OF HONOR RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPE OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, RELATING TO THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO REVISE THE PROCEDURES GOVERNING ITS ISSUANCE, FORM, AND CONTENT; TO AMEND SECTIONS 56-3-2010 AND 56-3-2030, RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO REVISE THE MANNER IN WHICH AND VEHICLES FOR WHICH THESE PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-2150, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO REVISE THE TYPE OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-2320, RELATING TO DEALER LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THE SECTION IN REGARD TO THE TESTING OR DEMONSTRATION OF TRUCKS; TO AMEND SECTION 56-3-2380, RELATING TO DENIAL OF APPLICATIONS FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE REGULATIONS IN REGARD THERETO;TO AMEND SECTION 56-3-2810, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTION 56-3-3310, RELATING TO SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL COLLEGE OR UNIVERSITY LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE PLATES AND FOR THE DISTRIBUTION OF THE FUNDS COLLECTED FROM THE FEES THEREFOR; TO AMEND SECTION 56-3-3910, RELATING TO COMMEMORATIVE LICENSE PLATES FOR THE STATE DANCE, SECTION 56-3-3950, RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, AND SECTION 56-3-4310, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTION 56-3-4510, AS AMENDED, RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO PROVIDE THE DEPARTMENT OF REVENUE AND TAXATION SHALL ISSUE A SPECIAL COMMEMORATIVE MOTOR VEHICLE LICENSE PLATE FOR USE BY THE OWNER ON HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-3-4710, AS AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE GUARD LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE A SPECIAL MOTOR VEHICLE LICENSE PLATE TO A MEMBER OF THE GUARD FOR A MOTOR VEHICLE OWNED BY THE MEMBER; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO SOUTH CAROLINA FIREFIGHTERS' LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE SOUTH CAROLINA FIREFIGHTERS LICENSE PLATES TO A RESIDENT FOR A PRIVATE PASSENGER MOTOR VEHICLE OWNED BY HIM AND TO PROVIDE FOR THE DISBURSEMENT OF THE FUNDS; TO AMEND SECTION 56-3-5910, RELATING TO PEARL HARBOR SURVIVORS' LICENSE PLATES, SO AS TO PROVIDE AN OWNER OF A PRIVATE PASSENGER MOTOR VEHICLE MAY APPLY FOR A PEARL HARBOR SURVIVOR'S LICENSE PLATE; TO AMEND SECTION 56-3-5930, RELATING TO PROOF OF ELIGIBILITY FOR A PEARL HARBOR LICENSE PLATE, SO AS TO PROVIDE A PEARL HARBOR LICENSE PLATE MAY BE ISSUED ONLY TO AN APPLICANT FOR HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-5-60, AS AMENDED, RELATING TO REQUIREMENTS FOR ENVELOPES MAILED BY THE DEPARTMENT CONTAINING CERTAIN NOTICES, SO AS TO DELETE THE PHRASE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO AN INDIVIDUAL'S FAILURE TO STOP HIS MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THE DEPARTMENT MUST SUSPEND A PERSON'S DRIVER'S LICENSE FOR A FIRST OFFENSE FOR AT LEAST THIRTY DAYS FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE BY MEANS OF A SIREN OR FLASHING LIGHT AND FOR A SECOND OFFENSE THE PERSON'S DRIVER'S LICENSE MUST BE REVOKED BY THE DEPARTMENT FOR A PERIOD OF ONE YEAR AND TO DELETE THE TERM "CONVICTION" AND ITS DEFINITION AND TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO KEEP A NONPUBLIC RECORD OF A PERSON'S OFFENSE FOR FAILING TO STOP FOR A SIGNALING LAW ENFORCEMENT VEHICLE AFTER THE OFFENDER'S RECORD IS EXPUNGED; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DELETE THE PHRASE "SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-1270, RELATING TO ACCIDENT REPORTS WHICH STATE AN INJURY OR DEATH OCCURRED OR PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE, SO AS TO REQUIRE AN OWNER OR OPERATOR INVOLVED IN AN ACCIDENT NOT INVESTIGATED BY A LAW ENFORCEMENT OFFICER WITH TOTAL PROPERTY DAMAGE OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT AND PROOF OF LIABILITY INSURANCE TO THE DEPARTMENT AND TO REQUIRE A LAW ENFORCEMENT OFFICER WHO INVESTIGATES A MOTOR VEHICLE ACCIDENT THAT RESULTS IN INJURY TO OR DEATH OF ANY PERSON OR TOTAL PROPERTY DAMAGE TO AN APPARENT EXTENT OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT INCLUDING THE NAMES OF INTERVIEWED PARTICIPANTS AND WITNESSES; TO AMEND SECTION 56-5-1350, RELATING TO THE DEPARTMENT'S ANALYSIS AND STATISTICS ON REPORTED ACCIDENTS, SO AS TO LIMIT THE DEPARTMENT'S REPORT TO ACCIDENT REPORTS FILED PURSUANT TO SECTION 56-5-1270; TO AMEND SECTION 56-5-2585, RELATING TO THE EXEMPTION OF MUNICIPAL PARKING METER FEES BY DISABLED VETERANS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2980, RELATING TO COPIES OF ACCIDENT REPORTS PURSUANT TO SECTION 56-5-2970 AS PRIMA FACIE EVIDENCE OF A PREVIOUS CONVICTION, SO AS TO ALLOW COPIES OF AN ACCIDENT REPORT ON AN OPTICAL DISK TO BE USED A PRIMA FACIE EVIDENCE OF ONLY A PRIOR CONVICTION AGAINST AN OFFENDER AND TO DELETE THE PHRASE "MOTOR VEHICLE DIVISION" AND REPLACE IT WITH THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT" AND TO DELETE THE PHRASE "SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE" AND REPLACE IT WITH THE PHRASE "DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES"; TO AMEND SECTION 56-5-3750, AS AMENDED, RELATING TO THE SALE OF MOPEDS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4035, RELATING TO PERMITS FOR VEHICLES CARRYING CULVERT PIPES, SO AS TO DELETE THE PROVISION THAT THE DEPARTMENT OF PUBLIC SAFETY MAY INSTITUTE REGULATIONS FOR THE SALE OF PERMITS TO VEHICLES CARRYING CULVERT PIPES AND TO MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE REGULATION OF LENGTH OF VEHICLES ON HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF PUBLIC SAFETY" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4075, AS AMENDED, RELATING TO REGULATIONS GOVERNING VEHICULAR TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE PHRASES "DEPARTMENT OF PUBLIC SAFETY" AND "THE DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4095, AS AMENDED, RELATING TO THE TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING UNITS ON THE STATE'S PUBLIC HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO THE GROSS WEIGHT OF VEHICLES OPERATED ON A HIGHWAY IN THE STATE, SO AS TO PROVIDE THAT A VEHICLE OR COMBINATION OF VEHICLES OPERATED OR MOVED ON THE HIGHWAY OR INTERSTATE MUST MEET AXLE SPACING REQUIREMENTS AND MAXIMUM OVERALL GROSS WEIGHTS AS PROVIDED IN SUBSECTION (B) AND TO PROVIDE THAT VEHICLES UP TO EIGHTY THOUSAND POUNDS MAY OPERATE UPON ANY HIGHWAY WITH RESTRICTIONS AS PROVIDED IN THIS SECTION AND TO DELETE GUIDELINES FOR THE GROSS WEIGHT OF VEHICLES WITH ONE AND TWO AXLES AND VEHICLES WHICH HAVE BEEN ISSUED A SPECIAL PERMIT BY THE DEPARTMENT OF REVENUE AND TAXATION AND TO MAKE CHANGES IN THE TABLE WHICH DENOTES THE MAXIMUM WEIGHT VEHICLES ARE ALLOWED WITH TWO OR MORE CONSECUTIVE AXLES, AND TO DELETE PROVISIONS REGARDING THE ENFORCEMENT OF A MORATORIUM OF THE THIRTY-FOUR THOUSAND POUNDS TANDEM AXLE LIMIT AND THE FEDERAL BRIDGE FORMULA AND TO PROVIDE CERTAIN TYPES OF VEHICLES ARE LIMITED TO A WEIGHT OF TWENTY THOUSAND POUNDS FOR EACH AXLE AND TO REQUIRE CONCRETE MIXING TRUCKS WORKING WITHIN A FIFTEEN MILE RADIUS OF THEIR HOME BASE MAY NOT WEIGH MORE THAN SIXTY-SIX THOUSAND POUNDS AND TO PROVIDE WEIGHT GUIDELINES FOR WELL-DRILLING, BORING RIGS, AND TENDER TRUCKS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO THE REGISTRATION AND INVESTIGATION BY THE DEPARTMENT OF REVENUE AND TAXATION OF VEHICLES WHICH TRANSPORT PROPERTY OR TEN OR MORE PERSONS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO PENALTIES FOR VEHICLES WHICH EXCEED THE GROSS WEIGHT IMPOSED BY SECTION 56-5-4130 OR 56-5-4140, SO AS TO PROVIDE FOR THE DISBURSEMENT OF FINES COLLECTED FROM VEHICLES WHICH CARRY EXCESS WEIGHT; TO AMEND SECTION 56-5-4192, AS AMENDED, RELATING TO THE MOVEMENT OF A MOBILE HOME ON HIGHWAYS OF THIS STATE ON SATURDAYS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4720, AS AMENDED, RELATING TO THE USE OF OSCILLATING, ROTATING, OR FLASHING RED LIGHTS ON STATE DEPARTMENT HIGHWAYS AND PUBLIC TRANSPORTATION VEHICLES, SO AS TO DELETE THE TERM "DEPARTMENT" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4880, AS AMENDED, RELATING TO THE INSPECTION OF BRAKES OF MOTOR-DRIVEN CYCLES BY THE DEPARTMENT, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5010, AS AMENDED, RELATING TO THE SAFETY GLASS IN MOTOR VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO THE DUTIES OF A PERSON WHO DEMOLISHES VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5810, RELATING TO DEFINITIONS FOR PURPOSES OF ABANDONED VEHICLES, SO AS TO REVISE DEFINITIONS WITH RESPECT TO SUCH VEHICLES AND TRANSFER ENFORCEMENT AUTHORITY; TO ADD SECTION 56-5-5820 SO AS TO DECLARE THAT ABANDONED AND DERELICT VEHICLES CONSTITUTE A HEALTH AND SAFETY HAZARD; TO AMEND SECTION 56-5-5840, RELATING TO ABANDONED VEHICLES, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO PROCEDURES EMPLOYED IN THE REMOVAL OF ABANDONED OR DERELICT VEHICLES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 56-5-5870, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT TO PREPARE FOR THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS AND DELETE REFERENCES TO THE AUTHORITY OF THE DIRECTOR; TO AMEND SECTION 56-5-5880, RELATING TO AUTHORITY TO ENTER ONTO PROPERTY TO ENFORCE ABANDONED VEHICLE PROVISIONS, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS; TO AMEND SECTION 56-5-5890, RELATING TO THE REQUIREMENT NOT TO HARM ABANDONED VEHICLES IN THE PROCESS OF REMOVAL, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 56-5-5900, RELATING TO THIRD PARTY LIABILITY FOR PENALTIES AND FEES WITH RESPECT TO ABANDONED VEHICLES, SO AS TO MAKE GRAMMATICAL CHANGES AND AUTHORIZE RECEIPT OF STOLEN VEHICLE REPORTS FROM OTHER STATES; TO AMEND SECTION 56-5-5910, RELATING TO PENALTIES FOR TAMPERING WITH IDENTIFYING TAGS, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-5-5920, RELATING TO THE CIRCUMSTANCES UNDER WHICH VEHICLES ARE SUBJECT TO THE ABANDONMENT PROVISIONS, SO AS TO MAKE GRAMMATICAL CHANGES AND LIMIT THE APPLICATION OF THE ARTICLE TO VEHICLES PRESENTING AN IMMEDIATE HAZARD; TO AMEND SECTION 56-5-5940, RELATING TO ENFORCEMENT OF THE ABANDONED VEHICLE LAW, SO AS TO AUTHORIZE THE LANDOWNER WHERE A VEHICLE IS ABANDONED TO APPLY TO THE APPROPRIATE LAW ENFORCEMENT JURISDICTION TO ENFORCE THE ARTICLE; TO ADD SECTION 56-5-5945, SO AS TO PROVIDE FOR THE DUTIES OF DEMOLISHERS RECEIVING ABANDONED CARS; TO AMEND SECTION 56-5-5950, RELATING TO THE OFFENSE OF ABANDONING A VEHICLE, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO REQUIRE APPROVAL OF THE TICKET FORM BY THE ATTORNEY GENERAL WITHIN THIRTY DAYS AND TO AUTHORIZE AUTOMATED TICKETS UPON APPROVAL BY THE DEPARTMENT; TO AMEND SECTION 56-7-12, AS AMENDED, RELATING TO INSURANCE VERIFICATION FOLLOWING A MOVING VIOLATION, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE FURNISHING OF THE INSURANCE VERIFICATION REQUEST FORM TO THE ALLEGED VIOLATOR AND TO TRANSFER ENFORCEMENT OF THIS PROVISION; TO AMEND SECTION 56-9-330, RELATING TO FEES FOR DRIVING RECORD ABSTRACTS AND ACCIDENT REPORTS, SO AS TO DELETE REFERENCES TO SPECIFIC FEES; TO ADD SECTION 56-9-505, SO AS TO AUTHORIZE A WAIVER OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS FOR SUSPENSIONS FOR FAILURE TO PAY PROPERTY TAXES UPON PROOF OF PAYMENT; TO AMEND SECTION 56-10-45, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION IN ENFORCING MANDATORY INSURANCE REQUIREMENTS, SO AS TO AUTHORIZE AGREEMENTS FOR ENFORCEMENT, TO IMPOSE AN ADDITIONAL FIFTY DOLLAR FINE FOR ITEMS RECOVERED TO BE CREDITED TO THE GENERAL FUND OF THE LOCAL JURISDICTION, AND TO TRANSFER GENERAL ENFORCEMENT AUTHORITY; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE CRIMINAL AND CIVIL PENALTIES FOR FAILING TO MAINTAIN INSURANCE ON A VEHICLE, SO AS TO DELETE THE INCREASED REINSTATEMENT FEE FOR SUBSEQUENT INSURANCE LAPSES, TO LIMIT TO TEN YEARS THE PERIOD REQUIRED TO BE CONSIDERED IN DETERMINING PRIOR CONVICTIONS FOR PURPOSES OF THE CRIMINAL PENALTY, AND TO TRANSFER ENFORCEMENT AUTHORITY; TO ADD CHAPTER 11 IN TITLE 56, RELATING TO MOTOR VEHICLES, SO AS TO PROVIDE FOR THE REVISED IMPOSITION OF THE ROAD TAX ON MOTOR CARRIERS AND PROVIDE FOR THE ENFORCEMENT OF THE CHAPTER; TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLES AND THE REQUIREMENT OF A LICENSE, SO AS TO, AMONG OTHER THINGS, CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-15-340, RELATING TO MOTOR VEHICLE RECORDS, SO AS TO REORGANIZE THE PROVISIONS OF THE SECTION; TO AMEND SECTION 56-15-570, RELATING TO WHOLESALE MOTOR VEHICLE AUCTIONS AND THE REQUIREMENT OF A SURETY BOND, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A NEW BOND OR A PROPER CONTINUATION CERTIFICATE MUST BE DELIVERED TO THE ADMINISTERING AGENCY ANNUALLY BEFORE RENEWAL OF LICENSE; TO AMEND SECTION 56-16-140, RELATING TO REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS AND THE LICENSE FOR A DEALER OR WHOLESALER, FEES, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO, AMONG OTHER THINGS, RESTATE THE LICENSING PERIOD; TO AMEND SECTION 56-16-170, RELATING TO RECORDS PERTAINING TO THE TRANSFER OF MOTORCYCLES AND PENALTIES FOR FAILURE TO KEEP RECORDS OR TO MAKE THEM AVAILABLE, SO AS TO REORGANIZE THE SECTION; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 17 SO AS TO ENACT PROVISIONS FOR CRIMINAL PENALTIES; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES AND DEFINITIONS, SO AS TO DEFINE "MOPED"; TO AMEND SECTION 56-19-240, AS AMENDED, RELATING TO APPLICATION FOR A MOTOR VEHICLE CERTIFICATE OF TITLE, FORM, AND CONTENTS, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A TRANSFEROR MAY COMPLETE THE ODOMETER DISCLOSURE STATEMENT ON EITHER A NOTARIZED BILL OF SALE IN AN APPROVED FORM OR ON THE PREVIOUS CERTIFICATE OF TITLE; TO AMEND SECTION 56-19-280, RELATING TO MOTOR VEHICLE CERTIFICATES OF TITLE, REFUSAL OF A CERTIFICATE, AND A VEHICLE WHICH IS REPORTED STOLEN OR CONVERTED, SO AS TO PROVIDE THAT A TITLE MAY BE ISSUED ON A VEHICLE THAT IS REPORTED STOLEN ONLY IN CASES WHERE THE SETTLEMENT TO AN INSURANCE COMPANY IS INVOLVED; TO AMEND SECTION 56-19-310, RELATING TO NUMBERING MOTOR VEHICLE CERTIFICATES ISSUED TO SUCCESSIVE OWNERS AND TWO TRANSFERS WHEN AN AUCTIONEER GIVES TITLE, SO AS TO DELETE THE PROVISION THAT TRANSFER OR SALE OF A VEHICLE THROUGH AN AUCTION SALE WHERE THE AUCTIONEER GIVES TITLE SHALL BE CONSIDERED A SALE; TO AMEND SECTION 56-19-340, RELATING TO THE MAILING OF THE MOTOR VEHICLE CERTIFICATE OF TITLE TO THE FIRST LIENHOLDER OR, IF NONE, TO THE OWNER, SO AS TO PROVIDE ALTERNATIVELY FOR THE CERTIFICATE OF TITLE TO BE GIVEN TO THE LIENHOLDER'S AUTHORIZED AGENT; TO AMEND SECTION 56-19-480, RELATING TO THE TRANSFER AND SURRENDER OF CERTIFICATES, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURER'S SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO, AMONG OTHER THINGS, REQUIRE A REPORT INDICATING THE TYPE AND SEVERITY OF ANY DAMAGE TO THE VEHICLE; TO AMEND SECTION 56-19-650, RELATING TO THE PROCEDURE TO BE FOLLOWED WHEN AN OWNER CREATES A SECURITY INTEREST IN A MOTOR VEHICLE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE FOR THE SITUATION WHERE A SUPPLEMENTAL LIEN IS CREATED BY THE OWNER; TO AMEND SECTION 56-23-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT DRIVER TRAINING SCHOOLS BE LICENSED, SO AS TO DELETE UNNECESSARY LANGUAGE DEFINING "DEPARTMENT"; TO AMEND SECTION 56-25-10, AS AMENDED, RELATING TO NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, DELETE THE AUTHORIZATION TO PROMULGATE REGULATIONS; TO AMEND SECTION 56-25-20, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION ISSUED IN SOUTH CAROLINA OR ANY JURISDICTION HAVING THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THE SUSPENSION OF THE DRIVER'S LICENSE, AND PROVIDE FOR THE OPTION OF REFUSING TO RENEW THE LICENSE; TO AMEND SECTION 56-28-10, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES AND DEFINITIONS, SO AS TO PROVIDE THAT "MOTOR VEHICLE" MEANS A PRIVATE PASSENGER MOTOR VEHICLE AND REMOVE THE PROVISION EXCLUDING TRUCKS WITH A GROSS VEHICLE WEIGHT OVER SIX THOUSAND POUNDS FROM BEING COVERED UNDER THE TERM "MOTOR VEHICLE", AND TO PROVIDE THAT A "NEW MOTOR VEHICLE" MEANS, AMONG OTHER THINGS, A PRIVATE PASSENGER VEHICLE; TO AMEND SECTION 56-29-50, AS AMENDED, RELATING TO THE "MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT" AND FORFEITURE OF THE MOTOR VEHICLE, TOOLS, IMPLEMENTS, OR OTHER INSTRUMENTALITY, SO AS TO TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE FOR THE CERTIFICATION OF THE SEIZING AGENCY RATHER THAN ITS AFIDAVIT; TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES AND THE SURCHARGE ON THE RENTAL OF SUCH VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO, AMONG OTHER THINGS, TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, PROVIDE FOR REMITTING CERTAIN EXCESS SURCHARGE REVENUES TO THE STATE TREASURER'S OFFICE, RATHER THAN THE DEPARTMENT OF REVENUE AND TAXATION, AND DELETE CERTAIN PROVISIONS; TO REPEAL CHAPTER 31 OF TITLE 12, RELATING TO THE ROAD TAX ON MOTOR CARRIERS, AND SECTIONS 12-4-400, RELATING TO THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-4-410, RELATING TO THE DUTIES AND POWERS OF THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-37-2740, RELATING TO ASSESSMENT OF PROPERTY TAXES, MOTOR VEHICLES, AND SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION; 20-7-947, RELATING TO CHILD SUPPORT, SUPPORT ENFORCEMENT THROUGH VEHICLE LICENSE REVOCATION, AND INTERAGENCY AGREEMENTS; 23-6-10(3), RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEFINITION OF "DEPUTY DIRECTOR"; 23-6-200, RELATING TO THE DIVISION OF PUBLIC SAFETY OF THE DEPARTMENT OF PUBLIC SAFETY; 56-1-225(B), RELATING TO THE RE-EXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS AND THE AUTHORITY TO PROMULGATE REGULATIONS; 56-1-520, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-530, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS FOR THE ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-550, RELATING TO THE USE OF FEES COLLECTED UNDER ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-560, RELATING TO THE PROVISION THAT ARTICLE 1 OF CHAPTER 1 OF TITLE 56, REGARDING DRIVER'S LICENSES, SHALL NOT BE HELD TO REPEAL ANY OTHER LAWS BUT SHALL BE HELD TO BE CUMULATIVE; 56-1-830, RELATING TO JUDICIAL REVIEW OF THE SUSPENSION OF A DRIVER'S LICENSE; 56-1-840, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 3 OF CHAPTER 1, TITLE 56, REGARDING THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND PROMULGATION OF RULES AND REGULATIONS; 56-1-1120, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL REVIEW AND CERTIFY CERTAIN DRIVER'S LICENSE RECORDS; 56-1-3390, RELATING TO PROMULGATION OF RULES AND REGULATIONS TO IMPLEMENT ARTICLE 15 OF CHAPTER 1, TITLE 56, REGARDING IDENTIFICATION CARDS; 56-3-20(21), RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING AND THE DEFINITION OF "DEPARTMENT"; 56-3-251, RELATING TO BIENNIAL LICENSE PLATES OR REVALIDATION DECALS FOR MOTOR VEHICLES; 56-3-420, RELATING TO THE GROUNDS FOR REFUSING TO LICENSE AND REGISTER AN AUTOMOBILE UTILITY TRAILER; 56-3-880, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS AS TO UNCERTIFIED CHECKS TENDERED FOR MOTOR VEHICLE LICENSE FEES; 56-3-1010(3), RELATING TO CORPORATE-OWNED FLEET MOTOR VEHICLES AND THE DEFINITION OF "DEPARTMENT"; 56-3-1950(1), RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-3-2410, RELATING TO PROVISIONS REGARDING ADMINISTERING AND ENFORCING CHAPTER 3, TITLE 56, AS TO REGISTRATION AND LICENSING OF MOTOR VEHICLES AND RULES AND REGULATIONS; 56-3-2500, RELATING TO RULES AND REGULATIONS GOVERNING CHANGE OR SUBSTITUTION OF MOTOR VEHICLE ENGINES; 56-3-2670, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 29 OF CHAPTER 3, TITLE 56, REGARDING CERTAIN TEMPORARY LICENSE PLATES; 56-3-2750, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 30 OF CHAPTER 3, TITLE 56, REGARDING TEMPORARY LICENSE PLATES AND CERTIFICATES OF REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH AND DEVELOPMENT; 56-5-370, RELATING TO TRAFFIC REGULATION, GOVERNMENTAL AGENCIES, PEDESTRIANS, POLICE OFFICERS, AND OTHER PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-5-2960, RELATING TO TRAFFIC REGULATION AND THE PROVISION THAT PLEAS OF GUILTY OR NOLO CONTENDERE OR FORFEITURE OF BAIL ARE THE SAME AS A CONVICTION; 56-5-5015(L), RELATING TO PROMULGATION OF REGULATIONS PRESCRIBING ENFORCEMENT OF THE PROCEDURE AND MECHANISM FOR TESTING LIGHT TRANSMITTANCE IN VEHICLE GLASS; 56-5-5610, RELATING TO DEFINITIONS UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5680, RELATING TO PENALTIES UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5830, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION, AND THE REQUIREMENT THAT COUNTY AND MUNICIPAL OFFICERS COOPERATE WITH THE DIRECTOR, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5860, RELATING TO THE REQUIREMENT THAT TITLES SHALL VEST IN THE STATE OF WOUTH CAROLINA WITH RESPECT TO THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5930, RELATING TO IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 41 OF CHAPTER 5, TITLE 56, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-6180, RELATING TO PROMULGATION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF ARTICLE 43 OF CHAPTER 5, TITLE 56, REGARDING TRAFFIC VIOLATIONS PROCEDURE; 56-9-20(1), RELATING TO THE DEFINITION OF "CONVICTION" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-20(2), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-310, RELATING TO THE ADMINISTRATION OF CHAPTER 9, TITLE 56, REGARDING THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND TO THE HEARINGS AND THE PROMULGATION OF RULES AND REGULATIONS THEREUNDER; 56-10-210(3), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-10-290, RELATING TO ENFORCEMENT OF THE PROVISIONS OF ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS AS TO MOTOR VEHICLE REGISTRATION; 56-10-300, RELATING TO THE POWER TO PRESCRIBE, ADOPT, PROMULGATE, RESCIND, AND ENFORCE REGULATIONS WITH RESPECT TO ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-15-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON MOTOR VEHICLES AND THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-15-360, RELATING TO THE PROMULGATION OF REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 15, TITLE 56, REGARDING REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-16-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-16-190, RELATING TO AUTHORITY TO PROMULGATE REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 16, TITLE 56, REGARDING REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-19-10(5), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES; 56-19-30, RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 19, TITLE 56, REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, AND RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 21, TITLE 16, REGARDING OFFENSES INVOLVING MOTOR VEHICLE TITLES; 56-27-10(C), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON PROFESSIONAL HOUSEMOVING; 38-73-456, RELATING TO THE PROVISION THAT AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS, OR ADDITIONAL SURCHARGES, FOR A DRIVING VIOLATION IS PROHIBITED UNTIL A CONVICTION OCCURS; AND 38-77-175, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET, FORM, AND PENALTY; AND TO PROVIDE THAT, WITH RESPECT TO THE REPEAL OF ITEMS OR SUBSECTIONS OF PROVISIONS OF LAW IN THIS ACT, THE CODE COMMISSIONER SHALL RENUMBER, OR RELETTER, ALL REMAINING ITEMS OR SUBSECTIONS AS NECESSARY TO CONFORM TO THE REPEALER.
(R460) S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
(R461) S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: AN ACT TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT THE ANIMAL MAY BE TRANSFERRED ONLY IF THE WRITTEN CONTRACT OR AGREEMENT PROVIDES FOR THE TRANSFER AND IF AN ATTEMPT IS MADE TO NOTIFY THE OWNER BY REGULAR MAIL, AND ALSO BY CERTIFIED MAIL, AT THE OWNER'S LAST KNOWN ADDRESS ON THE DATE THE OWNER FAILED TO PICK UP THE ANIMAL AS AGREED, TO REFERENCE THE BOARDING OF ANIMALS OF OTHERS PURSUANT TO SUBSECTION (A) OF THIS SECTION, AND TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL AS PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION, WHO FAILS TO PAY HIS BOARDING FEES IN A TIMELY MANNER, OR WHO ABANDONS AN ANIMAL AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MAY BE IMPRISONED NOT MORE THAN THIRTY DAYS OR FINED NOT MORE THAN TWO HUNDRED DOLLARS.
(R462) S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL PROVIDE A CRIME VICTIM A COPY OF THE CRIME INCIDENT REPORT RELATING TO HIS CASE AND CERTAIN OTHER INFORMATION; TO AMEND SECTION 17-25-322, AS AMENDED, RELATING TO THE PAYMENT OF RESTITUTION TO A CRIME VICTIM BY A PERSON CONVICTED OF A CRIME, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL HAS THE RIGHT TO BE PRESENT AND HEARD AT A RESTITUTION HEARING, TO PROVIDE THAT A MONTHLY PAYMENT SCHEDULE SHALL BE IMPOSED SO THAT RESTITUTION MAY BE COLLECTED, TO PROVIDE FOR THE DISTRIBUTION OF UNCLAIMED RESTITUTION FUND, AND THAT AN OFFENDER MAY NOT BE GRANTED A PARDON UNTIL CERTAIN REQUIREMENTS OF THE RESTITUTION ORDER HAVE BEEN FULFILLED; TO AMEND SECTION 17-25-323, AS AMENDED, RELATING TO THE ENFORCEMENT AND EXECUTION OF A JUDGMENT IN A CRIMINAL CASE, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY MAKE A MOTION TO HOLD A HEARING TO REQUIRE A DEFENDANT TO SHOW CAUSE WHY HIS DEFAULT OF COURT-ORDERED PAYMENTS SHOULD NOT BE TREATED AS A CIVIL JUDGMENT AND A JUDGMENT LIEN ATTACHED; TO AMEND SECTION 17-25-326, AS AMENDED, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF CERTAIN JUDGMENTS AND EXECUTIONS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE A PETITION TO ALTER, MODIFY, OR RESCIND CERTAIN ORDERS; BY ADDING SECTION 24-21-490 SO AS TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF RESTITUTION FROM PERSONS UNDER PROBATIONARY AND INTENSIVE PROBATIONARY SUPERVISION; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; BY ADDING SECTION 17-25-324 SO AS TO PROVIDE FOR THE PAYMENT OF RESTITUTION TO CERTAIN SECONDARY VICTIMS AND THIRD-PARTY PAYEES, TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO PREPARE AND PROVIDE A REPORT CONTAINING RECOMMENDATIONS FOR COLLECTION AND DISTRIBUTION OF RESTITUTION AND ISSUES RELATING TO INDIGENT OFFENDERS AND THE USE OF CIVIL REMEDIES, AND TO PROVIDE THAT A MINIMUM NUMBER OF RESTITUTION BEDS MUST BE MAINTAINED.
(R463) S. 1335 -- Senator Drummond: AN ACT TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.
(R464) S. 1366 -- Senator Holland: AN ACT TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.
(R465) S. 1416 -- Senator Gregory: AN ACT TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
(R466) H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED SUBJECT TO THE LIMITS IMPOSED FOR MEMBERS OF STATE BOARDS, COMMITTEES, AND COMMISSIONS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
(R467) H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO REQUIRE INFORMED CONSENT FOR CERTAIN AUTOPSIES AND POST MORTEM EXAMINATIONS AND TO LIMIT THE USE OF REMOVED BODY PARTS FOR THE DETERMINATION OF THE CAUSE OF DEATH UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER ON CERTAIN DEATHS AND FINDINGS OF THE MEDICAL EXAMINER, SO AS TO REQUIRE NOTICE TO NEXT-OF-KIN THAT BODY PARTS MAY BE REMOVED AND RETAINED AS PART OF THE INVESTIGATION OF THE DEATH AND TO LIMIT THE USE OF REMOVED BODY PARTS TO THE INVESTIGATION UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT.
(R468) H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.
(R469) H. 3447 -- Rep. Sharpe: AN ACT TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT, TO AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS, AND TO EXPAND OFFENSES TO WHICH PENALTIES APPLY; AND TO AMEND SECTION 47-3-750, AS AMENDED, RELATING TO SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS, SO AS TO AUTHORIZE VARIOUS ANIMAL CONTROL OFFICERS TO SEIZE AND IMPOUND SUCH ANIMALS.
(R470) H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: AN ACT TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF CHAPTER 7, TITLE 20, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES AND TO FURTHER PROVIDE FOR THE DETENTION, FINGERPRINTING, TRANSFER, DISPOSITION, COMMITMENT, AND EDUCATION OF JUVENILES; TO REPEAL SECTIONS 20-7-112, 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-1333, 20-7-1340, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN CHAPTER 7, TITLE 20 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
(R471) H. 3624 -- Rep. Sharpe: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE ACT OF 1996 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
(R472) H. 3663 -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
(R473) H. 3740 -- Rep. Davenport: AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.
(R474) H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: AN ACT TO AMEND CHAPTER 30, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE/BODYWORK PRACTICE ACT SO AS TO ESTABLISH LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE LICENSE RENEWAL REQUIREMENTS FOR MASSAGE/BODYWORK THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
(R475) H. 3879 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS; AND TO REQUIRE THE DEPARTMENT TO ESTABLISH A TRAINING PROGRAM FOR CERTAIN DEPUTY ENFORCEMENT OFFICERS.
(R476) H. 3905 -- Reps. Wright, Quinn and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS AND PROVIDE THAT ANY NONRESIDENT STUDENT OF A DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.
(R477) H. 3915 -- Education and Public Works Committee: AN ACT TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 25 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) TO ENTER INTO LEASE, SALE, AND OTHER AGREEMENTS TO TRANSFER THE MANAGEMENT AND OPERATIONS OF THE MEDICAL UNIVERSITY HOSPITAL INCLUDING ITS LAND, FACILITIES, AND ASSETS TO ONE OR MORE PRIVATE OPERATORS UNDER CERTAIN TERMS AND CONDITIONS, TO DESCRIBE THE LAND, FACILITIES, AND ASSETS WHICH ARE THE SUBJECT OF THESE AGREEMENTS, AND TO PROVIDE THAT UNIVERSITY MEDICAL ASSOCIATES (UMA) IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE PRIVATE OPERATOR, THE COLUMBIA/HCA HEALTHCARE CORPORATION (HCA), UPON APPROVAL OF THE SALE OR LEASE OF MUSC'S FACILITIES AND ASSETS, TO CREATE AN EMPLOYEE GRIEVANCE COMMITTEE FOR REVIEW OF ALL EMPLOYEE DISCIPLINARY ACTIONS AND TERMINATIONS BY HCA, AND TO PROVIDE THAT THE FINAL DECISION IN ANY GRIEVANCE INVOLVING A FORMER MUSC EMPLOYEE RESTS WITH THE BOARD OF DIRECTORS OF MUSC AND THAT THE FINAL DECISION IN GRIEVANCES INVOLVING HCA EMPLOYEES RESTS WITH THE OFFICIAL DESIGNATED BY HCA; TO REQUIRE THE BUDGET AND CONTROL BOARD TO CONSULT WITH THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION BEFORE AUTHORIZING THESE TRANSACTIONS; TO PROHIBIT A CURRENT EMPLOYEE OF MUSC OR UMA FROM PERSONALLY PROFITING FROM ANY TRANSACTION AUTHORIZED HEREBY IF THAT PERSON PLAYED A SUBSTANTIAL ROLE IN THE NEGOTIATION PROCESS AND TO DEFINE THE TERM "SUBSTANTIAL ROLE" FOR THIS PURPOSE, TO PROVIDE THAT NO CONDITION OF ANY LEASE OR AGREEMENT SHALL RESTRICT MUSC EMPLOYEES TO SHARED PARTICIPATION WITH ONE COMPANY'S HEALTH CARE THIRD PARTY PROVIDERS, TO PROVIDE THAT AT THE TIME OF DEFAULT BY HCA OR AT THE END OF THE LEASE, MUSC SHALL NOT BE REQUIRED TO PURCHASE THE MEDICAL CENTER AS A GOING CONCERN BUT RATHER AT THE APPRAISED VALUE OF THE TANGIBLE ASSETS OWNED BY THE LESSEE AS PERSONAL PROPERTY INVENTORY; TO REQUIRE THE CONSENT OF THE MUSC BOARD OF TRUSTEES FOR ANY DISCONTINUATION OR TRANSFER OF ANY INPATIENT CLINICAL SERVICE OFFERED AT THE MEDICAL CENTER; TO PROVIDE THAT UMA AGREEMENTS WITH ITS SERVANTS, AGENTS, SUBSIDIARIES, AND PARTNERS ARE SUBJECT TO REVIEW AND APPROVAL BY THE MUSC BOARD OF TRUSTEES AND MAY NOT CONFLICT WITH THE TERMS AND CONDITIONS OF THE TRANSACTIONS AUTHORIZED HEREBY; TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO PAY CO-PAYMENTS OR DEDUCTIBLES FOR SERVICES RECEIVED AT A HOSPITAL FACILITY IN THIS STATE WHETHER OR NOT THE SERVICES ARE PROVIDED BY THE MUSC HOSPITAL; TO REQUIRE MUSC, UPON APPROVAL OF THESE TRANSACTIONS, TO MAINTAIN THE CURRENT LEVEL OF SERVICES OFFERED TO INDIGENT PATIENTS AT CHARLESTON MEMORIAL HOSPITAL UNLESS THE MUSC BOARD APPROVES OTHERWISE; AND TO REQUIRE ANY FINANCIAL OBLIGATIONS UNDER AGREEMENTS ENTERED INTO BY A SUBSIDIARY CORPORATION TO BE UNCONDITIONALLY GUARANTEED BY THE PARENT CORPORATION OF THE PURCHASER OR TENANT.
(R478) H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: AN ACT TO AMEND CHAPTER 19, AS AMENDED, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE COMMISSION, TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND SECTION 20-7-1370, AS AMENDED, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED, RELATING TO RETIRED JUSTICES OR JUDGES BEING ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO REVISE THE AGE QUALIFICATIONS OF MASTERS-IN-EQUITY, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER 19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.
(R479) H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.
(R480) H. 3987 -- Reps. Townsend and Cooper: AN ACT TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT, TO REVISE THE FEES, AND TO PROVIDE THAT THIS PROVISION DOES NOT EXEMPT FARM VEHICLES FROM CERTAIN GROSS WEIGHT-AXLE REQUIREMENTS.
(R481) H. 3992 -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO REQUIRE CERTAIN COURT PAPERS TO BE SERVED WITHOUT A FEE BEING CHARGED AND AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
(R482) H. 4101 -- Reps. Witherspoon and Riser: AN ACT TO AMEND SECTION 46-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE AGRICULTURAL COMMODITIES MARKETING ACT, SO AS TO DELETE THE PROVISION EXEMPTING TOBACCO FROM THE DEFINITION OF AN "AGRICULTURAL COMMODITY".
(R483) H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: AN ACT TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT AND TO DELETE THE REQUIREMENT THAT A DELINQUENT DEBT BE A "LIQUIDATED" SUM.
(R484) H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: AN ACT TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
(R485) H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.
(R486) H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: AN ACT TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY; AND TO AMEND SECTION 56-5-1220, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO REVISE THE PENALTY.
(R487) H. 4637 -- Reps. Townsend, Allison, Howard and Wright: AN ACT TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.
(R488) H. 4663 -- Rep. Tucker: AN ACT TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
(R489) H. 4699 -- Reps. Stuart, Wilkins and Harrison: AN ACT TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".
(R490) H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.
(R491) H. 4727 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
(R492) H. 4774 -- Rep. Fulmer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.
(R493) H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R494) H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: AN ACT TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
(R495) H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.
The Senate returned to the House with concurrence the following:
H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.
H. 5086 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION HONORING THE HONORABLE DOUGLAS EVANS McTEER, JR., OF HAMPTON COUNTY FOR HIS DEDICATED AND DISTINGUISHED EIGHTEEN YEARS OF CONTINUOUS SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ON THE OCCASION OF HIS RETIREMENT FROM THIS LEGISLATIVE BODY.
H. 5088 -- Reps. Townsend and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE HONORABLE MICHAEL F. JASKWHICH OF GREENVILLE COUNTY ON THE ANNOUNCEMENT OF HIS RETIREMENT AND TO THANK HIM FOR HIS DEDICATED LEADERSHIP QUALITIES AND EFFORTS ON BEHALF OF THE CITIZENS OF THE STATE OF SOUTH CAROLINA.
H. 5090 -- Rep. Cain: A CONCURRENT RESOLUTION TO RECOGNIZE WALHALLA HIGH SCHOOL IN OCONEE COUNTY FOR THE HONOR OF BEING SELECTED AS A "NEW AMERICAN HIGH SCHOOL" FROM AMONG THREE HUNDRED SCHOOLS NOMINATED NATIONWIDE, AND TO CONGRATULATE AND COMMEND MR. JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, FOR HIS OUTSTANDING LEADERSHIP AND FOR THE DEDICATION AND COMMITMENT TO EXCELLENCE DEMONSTRATED BY MR. HOSTETLER AND HIS FACULTY IN ATTAINING THIS EXCEPTIONAL ACHIEVEMENT.
H. 5091 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION TO THANK OUR FRIEND AND COLLEAGUE THE HONORABLE WILLIAM D. "BILLY" KEYSERLING FOR HIS UNWAVERING COMMITMENT AND LOYAL SERVICE TO THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES ON THE OCCASION OF HIS RETIREMENT FROM THE GENERAL ASSEMBLY.
At 8:00 P.M. the House in accordance with the motion of Rep. LIMBAUGH adjourned in memory of J.R. Bryan Jackson of Florence and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned to meet in Local Session tomorrow and in Statewide Session on Wednesday, June 12, at 11:00 A.M.
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