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| STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Tuesday, May 14. Becky Meacham Doug Smith L. Hunter Limbaugh Ralph W. Canty G. Ralph Davenport, Jr. Jerry N. Govan, Jr. John G. Felder Joe E. Brown Joseph T. McElveen, Jr. Douglas Jennings, Jr. Mark S. Kelley
The SPEAKER granted Rep. HARRISON a leave of absence for the remainder of the session due to being on assignment in Bosnia with the Army National Guard.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. KENNEDY a leave of absence for the week.
The SPEAKER granted Rep. HERDKLOTZ a leave of absence for the day.
The SPEAKER granted Rep. MASON a leave of absence for today and tomorrow due to out of town business.
The SPEAKER granted Rep. WITHERSPOON a leave of absence for the week.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 8.
Announcement was made that Dr. Fred McElveen of West Columbia is the Doctor of the Day for the General Assembly.
Rep. WILDER moved to adjourn debate upon the following Bill until Tuesday, May 21, which was adopted.
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
Rep. JASKWHICH explained the Bill.
The following Bill was taken up.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 9, by Reps. SHARPE and WITHERSPOON.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.
Amend the bill, as and if amended, by striking Section 56-5-1350, as contained in SECTION 1, page 1, and inserting:
/Section 56-5-1350. The Department of Public Safety shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of regarding each site where two or more traffic accidents occurred during a year. The Department of Transportation through its Highway Safety Projects Program shall use this information to develop an active program of project oriented improvements to reduce the number and severity of traffic-related accidents. The Department of Transportation may utilize a portion of its annual construction budget for each fiscal year to implement this program and shall furnish a status report of highway safety improvements and other pertinent findings to the Department of Transportation Commission, with an information copy furnished to the Senate Transportation Committee and the House Education and Public Works Committee before each legislative session./
Amend title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
Amend the bill, as and if amended, by adding the following appropriately numbered sections to read as follows:
SECTION . Section 1-11-310(E) of the 1976 Code, as last amended by Act 449 of 1992 is further amended to read:
"(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies."
SECTION . Section 1-30-90 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:
"Section 1-30-90. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, and Motor Vehicle Records and Vehicle Inspection, and Public Safety.
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles formerly provided for at Section 56-1-10 et. seq. et seq.;
(G) The motor vehicle licensing, registration and titling sections formerly provided for at Section 1-30-95(B)."
SECTION . Section 1-30-95 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:
"Section 1-30-95. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory,
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and Public Transportation, formerly provided for at Section 56-1-10, et seq.;
(C)(B) Tax Commission, formerly provided for at Section 12-3-10, et seq."
SECTION . The first sentence of Section 7-13-710 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the South Carolina Department of Revenue and Taxation Public Safety, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector."
SECTION . Section 8-11-10 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"Section 8-11-10. The departments of the state government except where seven day per week services are maintained, shall remain open from nine A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law. On Saturdays such departments may close at one P.M. Skeleton forces may be maintained on Saturday and so staggered that each employee shall work not less than one Saturday out of each month; provided, that the offices of the Motor Vehicle Division of the Department of Revenue and Taxation Public Safety shall remain open from eight-thirty A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law and these offices need not be kept open on Saturdays, except as may be necessary to carry on essential work."
SECTION . Section 11-35-710(1) of the 1976 Code, as last amended by Section 51, Part II, Act 7 of 1995, is further amended to read:
SECTION . Section 12-4-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-4-10. The South Carolina Department of Revenue and Taxation is created to administer and enforce the revenue laws of this State; license, title and register motor vehicles including the drivers licensing of motor vehicle operators; administer the collection of license and registration fees; administer the licensing laws and regulations relating to alcoholic liquors, beer, and wine and assess penalties for violations thereof; and other laws specifically assigned to it."
SECTION . Section 12-4-15 of the 1976 Code, as added by Act 181 of 1993, is further amended to read:
"Section 12-4-15. (A) The Department of Revenue and Taxation must be divided into such divisions as the commissioner of the department or director may prescribe but shall consist of at least the following principal divisions: tax, motor vehicle titling, registration and licensing and commercial motor vehicle services.
(B) Each division shall be supervised by a deputy director or designee of the Department of Revenue and Taxation."
SECTION . Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(G) The Department of Revenue and Taxation Public Safety and the Division of Aeronautics of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."
SECTION . Items (3), (26), and (29) of Section 12-37-220(B) of the 1976 Code, as last amended by Act 516 of 1994 are further amended to read:
"(3) Two personal motor private passenger vehicles owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Revenue and Taxation Public Safety under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability
(26) Two personal motor private passenger vehicles owned or leased by recipients of the Medal of Honor for which special license tags have been issued by the Department of Revenue and Taxation Public Safety under the provisions of Article 16 of Chapter 3 of Title 56.
(29) Two personal motor private passenger vehicles or trucks, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Revenue and Taxation Public Safety in accordance with the provisions of Sections 56-3-1150 and 56-3-1160. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."
SECTION . Section 12-37-2650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must may be delivered by the taxpayer to the Department of Revenue and Taxation Public Safety with the application for the motor vehicle license registration. and the other A copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license registration may be issued by the Department of Public Safety without the receipt being attached to unless the application is accompanied by the receipt, or a copy of the notification required by Section 12-37-2610 but or notice from the the county treasurer may, by other means satisfactory to the department Department of Public Safety, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International
The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Revenue and Taxation Public Safety. Each institution shall certify to the Department of Public Safety that the taxes have been paid, and the Department of Public Safety is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section.
Tax bills (notices) for county assessed personal property valued in accordance with applicable Department of Revenue and Taxation regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."
SECTION . Section 12-37-2660 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2660. The Department of Revenue and Taxation Public Safety shall furnish to the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings must be furnished to the auditor as soon as possible but not later than ninety days before the expiration of the registration. Listings must be in the form of computer tapes or printouts. The department Department of Public Safety shall provide notice to the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing must contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or canceled."
SECTION . Section 12-37-2725 of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
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