Printed Page 650, Feb. 7
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Printed Page 650, Feb. 7
| Printed Page 670, Feb. 7
| Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3511CM.96), which was adopted.
Amend the report of the Judiciary Committee, as and if amended, Section 56-1-385, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) Before a person may have his driver's license reinstated under this section he must:
(1) pay a fifty dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article./
Reletter subsections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SIMRILL objected to the Bill.
Rep. MARTIN continued speaking.
Rep. KIRSH spoke in favor of the amendment.
The amendment was then adopted.
Rep. MARTIN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH
Rep. HALLMAN explained the Bill.
Reps. CAVE, KENNEDY, LLOYD, HERDKLOTZ, McCRAW, PHILLIPS, HALLMAN, FELDER, RICHARDSON and KEYSERLING objected to the Bill.
On motion of Rep. RICE, with unanimous consent, the following Resolution was ordered recalled from the Committee on Education and Public Works.
H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 123 IN GREENVILLE COUNTY FROM WHITE HORSE ROAD TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry.
H. 3623 -- Reps. Richardson, S. Whipper, Herdklotz, Simrill, Cotty, Kennedy, Jaskwhich, Haskins, Canty, Moody-Lawrence, Stuart, J. Harris, Cave, Wells, Witherspoon, Riser, Hines, Fleming, Easterday, Littlejohn, L. Whipper and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3325 SO AS TO REQUIRE THAT A MINIMUM OF TWENTY-FIVE PERCENT OF THE GROSS PROCEEDS FROM THE SALE OF BINGO CARDS AND ENTRANCE FEES BE EXPENDED FOR CHARITABLE PURPOSES.
The following Bill was taken up.
H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.
Rep. McTEER moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Hallman Harris, P. Harrison Harvin Hines, J. Hines, M. Hodges Howard Jennings Kennedy Keyserling Kinon Knotts Koon Lee Lloyd Mason McCraw McElveen McMahand McTeer Moody-Lawrence Neal
Neilson Quinn Rhoad Riser Rogers Scott Seithel Sharpe Shissias Smith, R. Spearman Stoddard Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright Young
Those who voted in the negative are:
Allison Askins Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fleming Fulmer Gamble Harrell Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Klauber Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin McKay Meacham Phillips Rice Richardson Robinson Sandifer Simrill Smith, D. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young-Brickell
So, the Bill was continued.
The following Concurrent Resolution was taken up.
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND
Whereas, R. J. Chic Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and
Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and
Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987 and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and
Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and
Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the portion of Highway 76/378 described in this resolution in Sumter County were named for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the portion of State Highway 76/378 from the Sumter County line to Highway 261 in the western part of Sumter County as the R. J. Chic Mathis Highway.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis.
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, R. J. "Chic" Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and
Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and
Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987 and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and
Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and
Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the bridge on Pinewood Road at its intersection with McCray's Mill Road in Sumter were named for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the bridge on Pinewood Road at its intersection with McCray's Mill Road in Sumter in honor of R. J. "Chic" Mathis.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis./
/TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY./
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3468DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 40, Chapter 41 of the 1976 Code is amended by adding:
Section 40-41-710. (A) For purposes of this section, `retailer' means a retailer of a `transient business' or a `temporary business' as defined in Section 12-36-510.
(B) A retailer shall keep a record of the source of new merchandise the retailer offers for sale. The record may be a receipt or an invoice from
(1) The record or documentation must include:
(a) the physical address of the source;
(b) the date the merchandise was purchased by the retailer;
(c) the price paid for the merchandise;
(d) the quantity; and
(e) the name of source.
(2) The retailer shall keep the record at the same location as the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold.
(B) Upon the request of a law enforcement officer, after forming a reasonable suspicion that the merchandise possessed by the retailer may have been stolen, the retailer shall produce the record of the source of new merchandise the retailer offers for sale.
(C) If the retailer fails to produce the requested record the officer may seize the merchandise and hold it in custody as evidence and the retailer may be punished as follows:
(1) Upon conviction for a first offense, the retailer is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(2) Upon conviction of a second offense, the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(3) Upon conviction of a third offense, the retailer's Sales and Use Tax License must be revoked and the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(D) Merchandise confiscated pursuant to the provisions of this section may be disposed of in accordance with the provisions of Chapter 21, Title 27.
(E) The provisions of this section do not apply to a charitable organization offering merchandise for sale."
SECTION 2. This act takes effect January 1, 1997./
Amend further by striking all before the enacting words and inserting:
/TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Clyburn Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harrison Harvin Haskins Hines, J. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas
Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilkes Wilkins Williams Worley Wright Young Young-Brickell
Those who voted in the negative are:
Brown, T. Chamblee Cooper Harris, P. Kennedy Marchbanks Martin McAbee Rhoad Sharpe Trotter Tucker Wofford
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO
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| Printed Page 670, Feb. 7
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