of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.
S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE FOR THE TIME A CANDIDATE MUST FILE IF SEEKING NOMINATION BY PETITION, AND PROVIDE THAT A SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION IF THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS IS NO MORE THAN SIXTY DAYS PRIOR TO THE GENERAL ELECTION.
S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 12-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT AND ADMINISTRATION OF INCOME TAX PROVISIONS ON BANKS, SO AS TO PROVIDE THAT THESE PROVISIONS ALSO APPLY FOR PURPOSES OF THE ALLOCATION AND APPORTIONMENT OF INCOME SUBJECT TO TAX, TO AMEND SECTION 27-18-180, RELATING TO REPORTS OF UNCLAIMED PROPERTY AND NOTICE TO THE APPARENT OWNER, SO AS TO RAISE THE DOLLAR VALUE OF CERTAIN PROPERTY WHICH REQUIRES IT TO BE REPORTED AS UNCLAIMED PROPERTY, AND TO DELETE PROVISIONS REQUIRING A SPECIFIC REPORTING DATE FOR LIFE INSURANCE COMPANIES, TO AMEND SECTION 27-18-190, RELATING TO THE ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY, SO AS TO REVISE THE REQUIRED PUBLICATION DATES FOR CERTAIN OF THESE NOTICES, AND THE REQUIRED CONTENTS OF PUBLISHED AND MAILED NOTICES, TO AMEND SECTION 27-18-200, RELATING TO PAYMENT ON DELIVERY OF ABANDONED PROPERTY TO THE ADMINISTRATOR, SO AS TO REVISE SUCH REPORTING REQUIREMENTS AND THE DATES OF REPORTING, TO AMEND SECTION 34-19-50, RELATING TO ACCESS TO THE SAFE-DEPOSIT BOX OF A DECEDENT AND THE REMOVAL OF ITS CONTENTS, SO AS TO DELETE CERTAIN LIMITATIONS ON REMOVAL OF CONTENTS, AND TO REPEAL SECTIONS 12-16-1520 AND 12-16-1530, RELATING TO NOTICE AND EXAMINATION OF CERTAIN ASSETS OF A DECEDENT PRIOR TO TRANSFER.
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20, 4-20-40, 4-20-60, AND 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL, TO PROVIDE THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN THE COUNTY AND A MUNICIPALITY ANY PORTION OF WHICH IS LOCATED IN THE DISTRICT, TO PROVIDE FOR BORROWING BY THE DISTRICT BY MEANS OTHER THAN BONDED INDEBTEDNESS WITH THE APPROVAL OF THE GOVERNING BODY OF THE COUNTY AND PROVIDE FOR THE RESTRICTIONS ON THIS BORROWING, AND TO REVISE THE MANNER IN WHICH DISTRICT BOUNDARIES MAY BE ALTERED.
S. 453 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE IN SCHOOL DIRECTLY FROM AN AVAILABLE SUPPLIER WHEN NEEDED FOR INSTRUCTION BY THE SCHOOL DISTRICT IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; BY ADDING SECTION 59-31-75 SO AS TO PROVIDE THAT NO PUBLIC SCHOOL OF THIS STATE MAY OFFER A COURSE TO STUDENTS FOR WHICH ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE TO BE USED IN THE COURSE, OR ON ORDER WITH A CONFIRMED DELIVERY DATE OF PRIOR TO THE BEGINNING DATE OF THE COURSE; AND BY ADDING SECTION 59-31-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO REPORT ANNUALLY TO THE STATE SUPERINTENDENT OF EDUCATION THE TEXTBOOKS IT DOES NOT HAVE AVAILABLE FOR STUDENTS DURING THE CURRENT SCHOOL YEAR, THE REASONS FOR THE SHORTAGE, THE CORRECTIVE ACTION ATTEMPTED TO ALLEVIATE THE SHORTAGE, AND THE PROJECTED DOLLAR SHORTAGE FOR NEEDED TEXTBOOKS FOR THE NEXT SCHOOL YEAR, TO REQUIRE THE SUPERINTENDENT OF EDUCATION TO COMPILE AND SUMMARIZE THESE REPORTS AND SUBMIT THEM TO THE GENERAL ASSEMBLY, TO REQUIRE THE GENERAL ASSEMBLY TO FUND THESE TEXTBOOK NEEDS FOR THE NEXT SCHOOL YEAR AS REFLECTED IN THE SUMMARY OF THE SUPERINTENDENT OF EDUCATION BEFORE ANY OTHER APPROPRIATIONS FOR PUBLIC EDUCATION MAY BE MADE, AND TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE IF THE FUNDING PROVIDED FOR TEXTBOOKS IS LESS THAN WHAT IS REFLECTED IN THE REPORT OF THE SUPERINTENDENT OF EDUCATION.
S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON THE SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE FOR THE IMPOSITION OF THE PENALTIES FOR FRAUD UNDER CERTAIN CIRCUMSTANCES.
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; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE AN OBSOLETE PROVISION RELATING TO BUSINESS INVENTORIES; AND TO REPEAL SECTIONS 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-235, 12-43-270, 12-49-230, AND CHAPTER 41, TITLE 12 OF THE 1976 CODE, RELATING TO OBSOLETE PROVISIONS OF BUSINESS LICENSE TAX AND PROPERTY TAX LAW.
Last Updated: Monday, June 29, 2009 at 1:46 P.M.