Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for the constancy of Your care which follows us wherever we are and whatever we do. As You have been with us during the past few days in our Districts, enable us to claim Your guidance as we return to this Legislative forum. Cause us to hear Your voice as it comes to us through our consciences. Make us to listen to this Your voice, Lord God, with the same alertness with which we listen to the voice of the ballot box.
Hear us in this our prayer, made to an ever present and never changing God. 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 Friday, May 31, the SPEAKER ordered it confirmed.
Rep. BAILEY moved that when the House adjourns, it adjourn in memory of Monya Bailey Campbell, sister of Rep. BAILEY of Mary Ester, Florida, which was agreed to.
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. 3446:
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.
Very respectfully,
President
On motion of Rep. MEACHAM, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MEACHAM, TROTTER and RISER 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.
May 30, 1996
The Honorable David H. Wilkins
Speaker, S.C. House of Representatives
508 Blatt Building
Columbia, S.C. 29211
Dear Speaker Wilkins:
As you know, my duties as Commissioner of the South Carolina Employment Security Commission begin on July 1, 1996. Therefore, I must submit my resignation as Representative for Spartanburg County District No. 34, effective June 30, 1996.
It has been an honor and pleasure to serve my community and State as a member of the South Carolina House of Representatives for the past ten years. I am proud of our achievements and work toward the betterment of our State. I will miss my association as a member of this body but will treasure our accomplishments and friendships.
With kindest regards, I am
Sincerely,
Carole C. Wells
Received as information.
The following was introduced:
H. 5095 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, 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 COMMENDING ATTORNEY HELEN NELSON GRANT ON BEING NAMED CHAIRWOMAN OF THE COLUMBIA COLLEGE BOARD OF TRUSTEES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5096 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, 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 COMMENDING MR. ANTHONY T. GRANT OF COLUMBIA ON HIS SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5097 -- Reps. Riser, Witherspoon, Rhoad, Koon, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rice, Richardson, 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, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. BYRON K. WEBB OF CLEMSON ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE AT CLEMSON UNIVERSITY AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
June 4, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5028, R. 496, 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.
This veto is based upon my belief that H. 5028, R. 496 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted." Also, this Bill addresses circumstances which could be dealt with by general legislation. There is presently a general law in South Carolina, Section 4-9-30, which permits the creation of a special tax district to accomplish the purposes of this Bill. Article III, Section 34 (IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable."
For the above reasons, I am returning H. 5028, R. 496, without my approval.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Hines, J.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
Rep. KIRSH 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 returned to the House with amendments the following:
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
Rep. HODGES 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.
On motion of Rep. KELLEY, the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beck Boan Brown, G. Brown, H. Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Lee Limbaugh Littlejohn Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, June 12.
G. Ralph Davenport, Jr. Denny W. Neilson Joe E. Brown Alma W. Byrd Harry R. Askins Steve P. Lanford Michael F. Jaskwhich H.B. Limehouse III Floyd Breeland Jackson S. Whipper Curtis B. Inabinett Timothy C. Wilkes Walter P. Lloyd Ronald P. Townsend Theodore A. Brown Harry C. Stille Douglas Jennings, Jr. Dewitt Williams Kenneth Kennedy L. Morgan Martin Lynn Seithel Joseph T. McElveen, Jr. C. Alex Harvin III Robert W. Harrell, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. KLAUBER a leave of absence for the day due to military duty.
The motion of Rep. FELDER to reconsider the vote whereby the following Bill was continued was taken up and agreed to by a division vote of 28 to 10.
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. FELDER moved to adjourn debate upon the Bill, which was adopted.
The veto on the following Act was taken up.
(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allison Anderson Bailey Beck Brown, H. Cain Cato Cave Chamblee Cooper Cotty Dantzler Delleney Easterday Fulmer Gamble Harrell Harris, J. Haskins Herdklotz Hodges Keegan Kelley Keyserling Kirsh Koon Lee Littlejohn Loftis Marchbanks Mason McCraw McKay McTeer Meacham Moody-Lawrence Phillips Rice Richardson Robinson Sandifer Sheheen Shissias Simrill Smith, R. Spearman Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley White Witherspoon Wofford Wright Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I was temporarily away from my desk during the vote on H. 4159. Had I been present, I would have voted to sustain the veto.
Rep. RONALD N. FLEMING
The veto on the following Act was taken up.
(R419) H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Martin
Those who voted in the negative are:
Bailey Beck Brown, H. Brown, J. Cain Cato Cave Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harris, P. Haskins Herdklotz Hutson Keegan Kelley Kirsh Koon Law Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Moody-Lawrence Neilson Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The SPEAKER Pro Tempore granted Rep. GOVAN a leave of absence for the remainder of the day.
The House stood at ease subject to the call of Chair.
At 2:20 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
The veto on the following Act was taken up.
(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Moody-Lawrence Sheheen Whipper, S.
Those who voted in the negative are:
Allison Bailey Baxley Beck Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Herdklotz Hines, J. Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
/s/Harvey S. Peeler, Jr. /s/J. Gary Simrill /s/C. Tyrone Courtney /s/James S. Klauber James E. Bryan, Jr. /s/W. Jeffrey Young On Part of the Senate. On Part of the House.
Rep. J. YOUNG explained the Conference Report.
Rep. SHEHEEN raised the Point of Order that the Conference Report was out of order under Rule 5.15 in that it had not been printed in the Journal.
SPEAKER Pro Tempore HASKINS sustained the Point of Order.
Rep. SIMRILL moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hodges Hutson Keegan Kelley Kinon Kirsh Knotts Koon Law Limbaugh Littlejohn Loftis Marchbanks Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Govan Hines, J. Hines, M. Howard Keyserling Martin McTeer Moody-Lawrence Rogers Scott Sheheen Whipper, L. Wilder
So, Rule 5.14 was waived.
Rep. J. YOUNG continued speaking.
Rep. CANTY moved to table the Conference Report and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Govan Hines, J. Hines, M. Howard Keyserling Lee Marchbanks Martin McElveen McTeer Moody-Lawrence Scott Sheheen Whipper, L. Wilder
Those who voted in the negative are:
Askins Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harris, J. Harris, P. Haskins Herdklotz Hodges Hutson Keegan Kelley Kinon Kirsh Knotts Koon Law Limbaugh Littlejohn Loftis Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the Conference Report.
Reps. McELVEEN and MARTIN spoke against the Conference Report.
Rep. HOWARD spoke against the Conference Report.
Rep. HOWARD continued speaking.
Rep. J. YOUNG moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Beck Cain Carnell Cato Chamblee Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hutson Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Govan Hines, J. Hines, M. Howard Inabinett Jaskwhich Keyserling Lee Martin McAbee McElveen McTeer Moody-Lawrence Neal Scott Sheheen Shissias Whipper, L. Whipper, S. White Wilder Wilkes
So, having received the necessary vote immediate cloture was ordered.
Rep. SCOTT moved that the House recede until 2:20 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Conference Report, immediate cloture having been ordered, Rep. HOWARD having the floor.
Debate was resumed on the following Conference Report, immediate cloture having been ordered, Rep. HOWARD having the floor.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-205. This article may be cited as the 'Law Abiding Citizens Self-Defense Act of 1996'.
Section 23-31-210. As used in this article:
(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section, or military personnel on permanent change of station orders.
(2) 'Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.
(3) 'Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4) 'Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), 'proof of training' is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(5) 'Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, a permit to carry a concealable weapon must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) three current one-inch by one-inch full face color photographs of the person;
(3) proof of residence;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.
(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the administrative law judge division pursuant to Article 5, Chapter 23 of Title 1 upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(F) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon;
(3) he has either been a resident of this State for at least twelve months preceding the date of his application or he is military personnel on permanent change of station orders; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must release the list of permit holders or verify an individual's permit status. SLED may charge a fee not to exceed its costs in releasing the information under this subsection.
(J) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. A permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) day care facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary;
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out of state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this act and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as 'pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three current one-inch by one-inch full color photographs of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the background check is favorable, SLED must renew the permit.
(R) No provision contained within this act shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately prior to the effective date of this act, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care."
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) 'Use a firearm' means to discharge a firearm.
(2) 'Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.
(D) This article does not apply to persons lawfully defending themselves or their property.
Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
Section 23-31-415. (A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of the law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, this creates an inference that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol."
SECTION 3. Section 16-23-20 of the 1976 Code is amended to read:
"Section 16-23-20. It shall be is unlawful for anyone to carry about the person, whether concealed or not, any pistol, whether concealed or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources.
(2) Members of the Armed Forces of the United States or of the National Guard, organized reserves, or the State Militia when on duty.
(3) Members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while such these members are at or going to or from their places of target practice or their shows and exhibits.
(4) Licensed hunters or fishermen while engaged in hunting or fishing and or going to and or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing, repairing, repossession, or dealing in firearms, or the agent or representative of such this person while possessing, using, or carrying a pistol in the usual or ordinary course of such the business.
(6) Guards engaged in protection of property of the United States or any agency thereof.
(7) Any authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.
(8) Any person in his home, or upon his real property, or fixed place of business.
(9) Any person in any a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10)
Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of one's his fixed place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, in circumstances and under conditions set forth in such the permit.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise such this privilege only after acquiring a permit from the State Law-Enforcement Law Enforcement Division as provided for in Article 3 4 of Chapter 31 of Title 23."
SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon so carried concealed, and must be fined in the sum of not less than two hundred dollars nor more than five hundred dollars and not less than two hundred dollars or imprisoned not less than thirty days nor more than ninety days nor less than thirty days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, or shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."
SECTION 5. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of unlawfully carrying a pistol or firearm onto the premises of a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked."
SECTION 6. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings premises or property.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic."
SECTION 7. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."
SECTION 8. Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
SECTION 9. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."
SECTION 10. Section 40-17-120 of the 1976 Code is amended to read:
"Section 40-17-120. (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.
(B) No person may be issued a permit until he has presented to the division proof that he is proficient in the use of firearms and has received a minimum of four hours' classroom instruction.
(C) A person engaged in the private security business or registered in accordance with Section 40-17-80 and issued a permit in accordance with this section may carry a firearm in an open and fully-exposed manner only while on duty, in uniform, and going to and from work. However, the division in its discretion may issue an additional written permit to the person to carry the firearm about his person, concealed or not, even though he is not in uniform nor on duty if the division determines that the additional permit will enable the permittee to better perform his assigned duties. No additional permit may be issued to a permittee to be effective in a place where alcoholic beverages, beer, or wine are sold or consumed.
(D) Permits for carrying firearms must not be issued pursuant to this section to persons registered as private detectives. Nothing in this section prohibits a private detective from carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23.
(E) A person licensed or registered in accordance with this chapter may, in addition to the permit issued pursuant to subsections (A) through (C) of this section, apply for a permit pursuant to Article 4, Chapter 31, Title 23."
SECTION 11. Nothing herein affects the validity of permits issued prior to the effective date of this act pursuant to Article 3 of Chapter 31 of Title 23. These permits are valid until they expire and are governed by any laws or regulations in effect on the date of their issuance.
SECTION 12. No person who holds a permit issued pursuant to this article may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
SECTION 13. Notwithstanding any other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises may be satisfied by a sign expressing the prohibition in written language interdict or universal sign language.
SECTION 14. Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
SECTION 15. Section 23-31-120 of the 1976 Code is repealed.
SECTION 16. This act takes effect thirty days after approval by the Governor./
Amend title to conform.
/s/Harvey S. Peeler, Jr. /s/J. Gary Simrill /s/C. Tyrone Courtney /s/James S. Klauber James E. Bryan, Jr. /s/W. Jeffrey Young On Part of the Senate. On Part of the House.
Rep. HOWARD spoke against the Conference Report.
Reps. SCOTT and CANTY spoke against the Conference Report.
The question then recurred to the adoption of the Conference Report.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Haskins Herdklotz Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harris, P. Hines, J. Hines, M. Howard Inabinett Kennedy Keyserling Lee Lloyd Marchbanks Martin McElveen Moody-Lawrence Neal Rogers Scott Sheheen Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
If I had been in the Chamber I would have voted yes, in favor of the adoption of the Conference Report on H. 3730.
Rep. JAMES N. LAW
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.
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.
As stated on the House floor during the consideration of the Senate amendments to H. 3201, it was the intent of the House Agriculture Committee and of the supporters of this legislation that the rights of the private property owners and businesses to allow or prohibit the use, promotion and display of tobacco products would be governed by state law and would not be regulated by local ordinances.
We allowed governmental entities to establish smoking policies in their buildings and have grandfathered existing local ordinances.
There are currently 270 municipalities and 46 counties in the State of South Carolina. To ensure that we have a uniform public policy we believe it essential that state law preempt local initiatives in the regulation of tobacco except as specifically provided for in H. 3201.
Rep. CHARLES R. SHARPE
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. 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. 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. McKAY proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6115HTC.96), which was adopted.
Amend the bill, as and if amended, page 9, by striking SECTION 15 and inserting:
/SECTION 15. Section 12-28-710 of the 1976 Code, as added by Act 136 of 1995, is amended by adding an appropriately numbered item at the end to read:
"( ) gasoline used in aircraft."/
Renumber items to conform.
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1A, which was proposed on Thursday, May 30, by Rep. KIRSH.
Rep. KIRSH moved to table the amendment, which was agreed to.
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. 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. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10917JM.96), which was adopted.
Amend the bill, as and if amended, page 2, by striking lines 23-35 and inserting:
/(3) The servicing carriers for the workers' compensation assigned risk pool may be competitively bid as provided for in this subsection. If the workers' compensation assigned risk pool is competitively bid, then the director or his designee must appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. Insurers, or other vendors in conjunction with a licensed workers' compensation insurer, may submit bids. The committee or committees must evaluate and award contracts pursuant to the bidding process established by the committee or committees, subject to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section./
Amend title to conform.
Rep. CATO 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. 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. WRIGHT explained the Senate amendments.
Rep. MOODY-LAWRENCE moved to table the Bill.
Rep. WRIGHT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Cotty Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lloyd Moody-Lawrence Neal Scott Stoddard Walker White Wilkes Williams
Those who voted in the negative are:
Askins Baxley Beck Boan Brown, H. Cain Carnell Cato Chamblee Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neilson Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the Bill.
Rep. MOODY-LAWRENCE spoke against the Senate amendments.
Rep. RICHARDSON moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Brown, H. Cain Cato Cooper Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Rhoad Rice Richardson Riser Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Cave Clyburn Cobb-Hunter Cotty Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Lee Lloyd McAbee McElveen Moody-Lawrence Neal Neilson Scott Sheheen Shissias Stoddard Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, having received the necessary vote, immediate cloture was ordered.
Rep. SCOTT proposed the following Amendment No. 1A, which was tabled.
All teachers of chartered schools must be state certified.
Rep. SCOTT explained the amendment.
Rep. WRIGHT moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Boan Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harris, J. Harris, P. Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Waldrop Wells Whatley Wilder Wilkins Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Harvin Hines, J. Hines, M. Howard Jennings Kennedy Lee Lloyd Martin McCraw McElveen Moody-Lawrence Scott Stille White Wilkes
So, the amendment was tabled.
Rep. MOODY-LAWRENCE spoke against the Senate amendments.
Rep. WRIGHT spoke in favor of the Senate amendments.
The question then recurred to concur or non-concur in the Senate amendments.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cromer Dantzler Davenport Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Neilson Phillips Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Harvin Hines, J. Hines, M. Howard Jennings Kennedy Lee Lloyd Moody-Lawrence Neal Scott Walker Wilkes
So, the Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
Rep. FELDER moved to reconsider the vote whereby the House concurred in the Senate amendments to S. 1216 and the motion was noted.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
Rep. MEACHAM moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Beck Boan Brown, G. Brown, H. Brown, J. Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Gamble Hallman Harrell Harris, J. Harris, P. Harvin Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Lanford Law Lee Limbaugh Limehouse Lloyd Marchbanks Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Brown, T. Cain Dantzler Felder Fleming Kennedy Koon Littlejohn Martin Rhoad Sharpe Waldrop Walker Witherspoon
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. MEACHAM, TROTTER and RISER 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. 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. 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. (A) In addition to any regulations authorized to be promulgated by Section 1 of this act, the Department of Health and Environmental Control shall promulgate regulations regarding confined swine feeding operations which are separate and distinct from the regulations promulgated pursuant to Section 1.
(B) The separate and distinct regulations shall not be proposed until after the regulations required to be promulgated pursuant to Section 1 take effect.
(C) The provisions of Sections 1 and 2 of this act are severable and enforceable irrespective of whether a particular regulation has been promulgated.
(D)(1) The separate and distinct regulations shall include, but are not limited to including, the following:
(a) definitions;
(b) setback requirements;
(c) land application rates for animal waste and waste storage ponds;
(d) lagoon construction and maintenance requirements;
(e) odor control;
(f) vector control;
(g) application and annual operation fees;
(h) monitoring wells;
(i) certification of owners or operators of confined animal feeding operations and waste management systems;
(j) public notice requirements; and
(k) permit renewals.
(2) In addition, the separate and distinct regulations shall be based upon an evaluation of the impact upon the interests of the environment and agribusiness.
(3) In promulgating the separate and distinct regulations, the department shall use the limits, distances, and other requirements provided in Section 1 of this act as the basis for the regulations. When the department submits the proposed regulations to the General Assembly for approval, in addition to the the information which must be filed pursuant to Section 1-23-120 of the 1976 Code, the department shall include an explanation for each change proposed in the separate and distinct regulations from the requirements of Sections 1 and 2 of this act.
(E) When the regulations promulgated by the department pursuant to this section are approved by the General Assembly or take effect without action of the General Assembly, the provisions of Sections 1 and 2 of this act, and any regulations promulgated pursuant to authority granted in Section 1 of this act, are thereby repealed and shall no longer have the force and effect of law.
SECTION 4. This act takes effect July 1, 1996./
Amend title to conform.
/s/Phil P. Leventis /s/Becky Meacham /s/James A. Lander /s/John W. Riser /s/Larry A. Martin /s/Teddy N. Trotter On Part of the Senate. On Part of the House.
Rep. MEACHAM explained the Free Conference Report.
The Free 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. 4825:
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.
and asks for a Committee of Conference and has appointed Senators Moore, Rankin and Alexander of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KEEGAN, KINON and ROBINSON 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., June 12, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Washington as a replacement to Senator Matthews of the Committee of Conference on the part of the Senate on 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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leventis, Martin and Lander of the Committee of Conference on the part of the Senate on H. 3446:
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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Rankin and Alexander of the Committee of Conference on the part of the Senate on 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
Received as information.
The following was introduced:
H. 5098 -- Reps. Koon, Gamble, Knotts, Riser, Spearman and Stuart: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE DAVID A. WRIGHT OF LEXINGTON COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS OUTSTANDING LEADERSHIP AND DEVOTED PUBLIC SERVICE IN THE GENERAL ASSEMBLY.
Whereas, the Honorable David Wright of Lexington County, our friend and distinguished colleague, has represented District Number 85 in the House of Representatives since 1989; and
Whereas, he served as First Vice Chairman of the Education and Public Works Committee in the House and was also Assistant Minority Whip; and
Whereas, he took a leadership role in educational matters and local government issues as a member of the House of Representatives and earned the respect, trust, confidence, and admiration of his colleagues; and
Whereas, David Wright is an outstanding public servant and has dedicated himself to excellence in government; and
Whereas, his friendship has meant much to us and his presence in the General Assembly will be missed greatly. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable David A. Wright of Lexington County, our friend and distinguished colleague, for his outstanding leadership and devoted public service in the General Assembly.
Be it further resolved that a copy of this resolution be presented to the Honorable David A. Wright.
The Resolution was adopted.
The following was introduced:
H. 5099 -- Rep. Harvin: A HOUSE RESOLUTION SALUTING AND THANKING ROBERT SIDNEY GREEN SMITH FOR HIS DEDICATED SERVICE TO THE HOUSE OF REPRESENTATIVES AND WISHING HIM SUCCESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5100 -- Reps. Hodges, Boan and Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE LANCASTER AND CHESTER RAILWAY COMPANY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE SHAREHOLDERS OF THIS COMPANY WHO HAVE MADE THIS WONDERFUL ASSET AVAILABLE TO THE CITIZENS OF LANCASTER AND CHESTER COUNTIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5101 -- Reps. Harvin, Stuart and Sharpe: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LILLIAN BOATWRIGHT BOLAND OF SPRINGFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1441 -- Senator Holland: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LAWRIE H. HARMON, OFFICE OF THE GOVERNOR, DIVISION OF VETERANS AFFAIRS, FIELD OFFICE SUPERVISOR AT THE DORN VETERANS HOSPITAL, COLUMBIA, SOUTH CAROLINA, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND THE STATE OF SOUTH CAROLINA AND TO THANK HIM FOR THE MANY CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST TWENTY-ONE AND ONE-HALF YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1442 -- Senator McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE ALICE TALBIRD BECKETT UPON THE FIFTIETH ANNIVERSARY OF HER ADMISSION TO THE SOUTH CAROLINA BAR ON JUNE 10, 1946.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1443 -- Senator Matthews: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. MELVIN CRUM OF ROWESVILLE UPON BEING NAMED THE "1996 SMALL FARMER OF THE YEAR."
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1445 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE FLOYD I. HARPER, JR., OF WEST COLUMBIA, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1996 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
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. 1435 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 944, R. 448 by a vote of 46 to 0.
(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.
Very respectfully,
President
The SPEAKER ordered the veto message printed in the Journal.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
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. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. The district may use its fiscal year 1996-97 allocation for payment of debt service provided that the debt service relates to school facilities as defined herein. In subsequent years, after all construction and renovation needs identified in a district's school facilities improvement plan have been met, the district may request to use its allocation for payment of debt service provided the debt service relates to school facilities as defined herein.
As used in this chapter, 'school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. 'School facilities' does not include unimproved real property, centralized district administration facilities, portable classrooms, or other facilities, including those normally identified with interscholastic sports activities. However, for fiscal year 1996-97 only, 'school facilities' includes portable classrooms. As used in this chapter, fixed equipment means a fixture as defined in Section 36-9-313(1)(a).
Section 59-144-40. From annual allotments made to the various districts, a school district may accumulate its allotments for up to seventy-two months to meet the facilities' needs identified in its capital improvement plan.
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts in the following manner:
(1) thirty-five percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) thirty-five percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) fifteen percent of the funds allocated annually to the several school districts for facilities' needs must be distributed based on a standardized assessment of the districts' needs for facilities using a uniform estimate of costs as established in Section 59-144-120. Individual district allotments must be based on the district facilities need relative to the state total facilities need;
(4) fifteen percent of the funds allocated annually to the school districts must be distributed based on equalized effort defined as the prior five years' average expenditures for capital projects and debt service, including lease-purchase obligations, for school instructional facilities divided by the average assessed value of all property subject to ad valorem school taxation and adjusted to reflect an equalized per pupil mill value. Individual district allotments must be based on a district's equalized effort relative to the state total equalized effort. The amount included for lease-purchase obligations shall not include the costs of utilities or operation and maintenance of the leased facility;
(5) a district's annual allotment must be the sum of the four amounts calculated as provided in this section. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
Section 59-144-120. The State Board of Education responsibilities in regard to this chapter include:
(1) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's needs to be used in calculating the allotment of funds under Section 59-144-100. Any standardized cost allowances must take into account regional variances that are beyond the control of individual districts. Facilities' needs include, but are not limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be used only for providing a uniform reporting of districts' needs for formula allotment purposes and are not intended to limit district options in determining the most appropriate manner in which to meet individual district needs; and
(2) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter and the use of funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board of Education shall report to the General Assembly the projected five-year school facilities improvement requirements reported by the school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
Section 59-144-140. The Department of Education's responsibilities shall include:
(1) providing staffing assistance to the State Board of Education in the development of policies, guidelines, standards, and regulations implementing this chapter; and
(2) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects financed in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education.
Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the provisions of this chapter and any regulations promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.
Section 59-144-160. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Nikki Setzler /s/Ronald P. Townsend /s/Harvey Peeler /s/Harry Stille /s/Wes Hayes /s/Lewis Vaughn for the Senate. for the House.
Rep. TOWNSEND explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 1117 General Subject Matter: School Facilities Act
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. REX FONTAINE RICE
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
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. It is proposed that SECTION 16, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must SECTION 16, Article X of the Constitution of this State be amended so as to allow the investment and reinvestment of the funds of the various state-operated retirement systems in the equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or a similar service, to establish upon the enactment of implementing legislation the State Retirement Systems Investment Panel, to provide that the panel consists of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations with the Governor's appointee serving as chairman, to require all appointees to possess substantial financial investment experience, and to provide that no public officer or employee may serve on the panel, to require the General Assembly to implement this new paragraph by enacting legislation establishing the panel, providing for the terms, duties, and compensation of its members, and specifically authorizing the investments allowed by this paragraph and authorizing statutory limits on investments in equity securities as the General Assembly determines prudent, and to provide that this panel shall not exist until the required implementing legislation is enacted?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Amend title to read:
PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY./
/s/John W. Drummond /s/Henry E. Brown, Jr. /s/David L. Thomas /s/Herbert Kirsh /s/Darrell Jackson /s/Richard M. Quinn, Jr. On Part of the Senate. On Part of the House.
Rep. H. BROWN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 14-7-130. In November September of 1996 of and every third year thereafter in this same month, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December October of 1996 of and every third year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation Public Safety and State Election Commission in implementing this section must be borne by these agencies.
In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Edward E. Saleeby /s/John W. Tucker, Jr. /s/Thomas L. Moore /s/James L. Mann "Bubba" Cromer, Jr. /s/Holly A. Cork James S. Klauber On Part of the Senate. On Part of the House.
Rep. CROMER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. DELLENEY, with unanimous consent, the following Bill was ordered recalled from Legislative Council.
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Rep. DELLENEY, with unanimous consent, moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Rep. DELLENEY, with unanimous consent, proposed the following Amendment No.1 (Doc Name L:\S-RES\LEGIS\AMEND\938R002.LHS), which was adopted.
Amend the bill, as and if amended, after line 20, by adding an appropriately numbered new SECTION to read:
/SECTION ___. In order to qualify as a candidate for a seat on the Chester County School Board of Trustees, a person shall file a statement of candidacy with the county election commission no earlier than August first, or if August first falls on Sunday, no earlier than the following Monday, and no later than twelve o'clock noon on September first, or if September first falls on Sunday, no later than twelve o'clock noon on the following Monday. The statement of candidacy must be a sworn statement and must include the candidate's name, age, voting precinct, and any other information the county election commission requires. A candidate for a single-member election district seat also shall indicate for which seat number he is filing. When more than one person is seeking election to a single seat on the Chester County School Board of Trustees, the candidate who receives the highest number of votes is declared the winner of the seat. The county election commission shall conduct and supervise the elections for trustees in the manner governed by the election laws of this State, mutatis mutandis./
Amend title to conform.
Renumber sections to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 7-5-10 of the 1976 Code is amended to read:
"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."
SECTION 2. Section 7-5-35 of the 1976 Code is amended to read:
"Section 7-5-35. If a county operates its elections through an a combined election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member combined commission, mutatis mutandis.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."
SECTION 3. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."
SECTION 4. The 1976 Code is amended by adding:
"Section 7-13-72. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place.
For primary elections held on the second Tuesday in June of each general election year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners must also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct.
For all other primary, special, or municipal elections, the authority charged by law with conducting the primary, special, or municipal elections must appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election must also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election.
Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause.
No person may be appointed as a manager in a primary, general, or special election who has not completed a training program approved by the State Election Commission concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the managers and clerks must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the managers and clerks are appointed, or if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election must take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Donald H. Holland /s/James L. Mann "Bubba" Cromer, Jr. /s/Glenn F. McConnell /s/Heyward G. Hutson John W. Matthews, Jr. /s/Ronald N. Fleming On Part of the Senate. On Part of the House.
Rep. CROMER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 12, 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. 4755:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 12, 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. 3845:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
President
Received as information.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5102 -- Rep. Spearman: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CONSTITUTIONAL OFFICERS AND SELECTED STAFF OF PALMETTO GIRLS STATE ON THURSDAY, JUNE 13, 1996, FOR THE PURPOSE OF BEING RECOGNIZED AND WELCOMED TO COLUMBIA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the constitutional officers and selected staff of Palmetto Girls State on Thursday, June 13, 1996, at a time to be determined by the Speaker, for the purpose of being recognized and welcomed to Columbia.
The Resolution was adopted.
Rep. ROBINSON and the Pickens Delegation made a statement relative to Rep. CLAUDE V. MARCHBANKS' service in the House.
Rep. H. BROWN and the Berkeley Delegation made a statement relative to Rep. SANDRA S. WOFFORD's service in the House.
Rep. CROMER and the Richland Delegation made a statement relative to Rep. JUNE S. SHISSIAS' service in the House.
Rep. JUNE SHISSIAS made a statement relative to her service in the House of Representatives.
Rep. LITTLEJOHN and the Spartanburg Delegation made a statement relative to Rep. CAROLE C. WELLS' service in the House.
Rep. MARCHBANKS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
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.
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.
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.
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.
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.
H. 5095 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, 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 COMMENDING ATTORNEY HELEN NELSON GRANT ON BEING NAMED CHAIRWOMAN OF THE COLUMBIA COLLEGE BOARD OF TRUSTEES.
H. 5096 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, 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 COMMENDING MR. ANTHONY T. GRANT OF COLUMBIA ON HIS SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.
H. 5097 -- Reps. Riser, Witherspoon, Rhoad, Koon, Allison, Anderson, Askins, Bailey, Baxley, Beck, 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, Govan, 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, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rice, Richardson, 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, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. BYRON K. WEBB OF CLEMSON ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE AT CLEMSON UNIVERSITY AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
H. 5100 -- Reps. Hodges, Boan and Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE LANCASTER AND CHESTER RAILWAY COMPANY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE SHAREHOLDERS OF THIS COMPANY WHO HAVE MADE THIS WONDERFUL ASSET AVAILABLE TO THE CITIZENS OF LANCASTER AND CHESTER COUNTIES.
H. 5101 -- Reps. Harvin, Stuart and Sharpe: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LILLIAN BOATWRIGHT BOLAND OF SPRINGFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
At 5:30 P.M. the House in accordance with the motion of Rep. BAILEY adjourned in memory of Monya Bailey Campbell, sister of Rep. BAILEY, of Mary Ester, Florida, and in accordance with H. 5041, the Sine Die Adjournment Resolution, to meet at 10:00 A.M. tomorrow.
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