Printed Page 3390, May 8
| Printed Page 3410, May 8
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Printed Page 3390, May 8
| Printed Page 3410, May 8
| SECTION 4. 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 ballots:
"Must Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office?
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'."/
Renumber sections to conform.
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED
Rep. CATO moved to continue the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.
Rep. CATO explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED
Rep. JENNINGS explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
Rep. THOMAS explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO
The motion period was dispensed with on motion of Rep. KLAUBER.
The following Bill was taken up.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias,
Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R.
Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J.
Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND
SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED
LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT
SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN
SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO
EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE
SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING
SERVICES BEGINNING JULY 1, 1997.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-36-910(B)(1) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(1) gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry-cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry-cleaning machines; provided, that beginning June 30, 1997, the sales tax shall not apply to these services in the manner provided in Section 12-36-2120;"
SECTION 2. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) laundry, dry-cleaning, dyeing, and pressing services according to the following schedule:
(a) two percent of the gross proceeds of such sales are exempt beginning June 30, 1997;
(b) four percent of the gross proceeds of such sales are exempt beginning June 30, 1998; and
(c) five percent of the gross proceeds of such sales beginning June 30, 1999.
The term `laundry, dry-cleaning, dyeing, and pressing services' as used in this item does not include coin-operated laundromats and dry-cleaning machines which are exempt from the sales tax as provided in Section 12-36-910 and shall continue to be so exempt after the effective date of this item."
SECTION 3. Section 12-36-2120(24) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(24) supplies and machinery used by laundries, cleaning, dyeing, or pressing, or establishments and supplies and machinery used by garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;"
SECTION 4.This act takes effect upon approval by the Governor, except that Section 3 takes effect on July 1, 1998./
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Marchbanks Robinson Stuart Trotter
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. YOUNG-BRICKELL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5005 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MIRIAM COLLETON GREEN OF AWENDAW, SOUTH CAROLINA, FOR HER OUTSTANDING CAREER, LIFETIME ACCOMPLISHMENTS, AND GENEROSITY IN SERVING THE PEOPLE OF CHARLESTON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5006 -- Reps. J. Brown, Allison, Baxley, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cooper, Cromer, Dantzler, Delleney, Easterday, Felder, Fleming, Gamble, Hallman, J. Harris, Haskins, J. Hines, M. Hines, Howard, Inabinett, Keegan, Kinon, Kirsh, Klauber, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Martin, Mason, McCraw, McKay, McMahand, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Richardson, Riser, Sandifer, Seithel, Sharpe, Sheheen, Simrill, R. Smith, Spearman, Stoddard, Thomas, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Williams, Witherspoon,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Part I, Article 2, Chapter 2, Title 62 of the 1976 Code is amended by adding:
"Section 62-2-114. Notwithstanding any other provision of law, if the parents of the deceased would be the intestate heirs pursuant to Section 62-2-103(2), upon the motion of either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 20-7-40 and did not otherwise provide for the needs of the decedent during his or her minority."
SECTION 2. Section 42-9-140 of the 1976 Code, as last amended by Act 58 of 1989, is further amended to read:
"Section 42-9-140. (A) If the deceased employee leaves no dependents, the employer shall pay the commuted amounts provided for in Section 42-9-290 for whole dependents, less burial expenses which must be deducted from those commuted amounts, to his surviving nondependent children.
(B) If the deceased employee leaves no dependents or nondependent children, the employer shall pay the commuted amounts provided for in Section 42-9-290 for whole dependents, less burial expenses which must be deducted from those commuted amounts, to his father and mother, irrespective of age or dependency.
(C) If the deceased employee leaves a partial dependent or dependents as defined in Section 42-9-120, the employer shall pay compensation to those dependents, in accordance with Section 42-9-290, and the remainder of the commuted amounts provided for in Section 42-9-290, less burial expenses, which must be deducted from the commuted amounts, to his nondependent children. If no children survive the deceased employee, then the remainder must be paid to his father and mother, irrespective of age or dependency.
(D) If the deceased employee leaves no dependents or nondependent children or mother or father, then his employer shall pay to the deceased's personal representative the actual costs for burial expenses and the administration of the deceased's estate, and to the commission the commuted amounts provided for dependents under Section 42-9-290, to be expended in accordance with Section 42-9-400.
Printed Page 3390, May 8
| Printed Page 3410, May 8
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